OSA amendments not aimed at journalists, AG assures NUJ

Attorney-general Mohamed Apandi Ali told the National Union of Journalist (NUJ) that his proposed amendments to increase the severity of punishments under the Official Secrets Act (OSA) 1972 was not specifically aimed at journalists.

On him reportedly mentioning that journalists who failed to disclose their sources can be targeted under the OSA, Apandi clarified that journalists who adhere to the code of journalistic ethics and do not publish state secrets do not have to worry.

"I... want to stress that we are not restricting journalists their freedom to write reports in concurrent with verified facts and adhering to the journalists code of ethics.

"Hence, all journalists do not have to worry about the proposed amendment as it does not affect the profession of journalists in conveying information to the government and people," he assured the deputation of NUJ executive council members during a meeting at his office in Putrajaya today.

According to a statement issued by the NUJ, in the one hour meeting, the union presented a ten-point memorandum to Apandi urging for the protection of the rights of journalists to report without fear or worry that they will be penalised under the OSA and subject to the proposed new weightier punishments.

Among the contents of the memorandum are, NUJ:

• Urges the AG to consider not to interfere with the duties of the media who cannot breach journalistic ethics which included the obligation to protect sources.
• Express worry that there shall be discomfort and upheaval in the nation if the norms practiced in our harmonious society on the duty of journalists as the conduit of information is questioned.
• Express worry that such questioning may give the wrong and bad impression that the government and institution of the monarchy which had depended on and encouraged the media as the main conduit of information to the rakyat.
• Posit that such actions may also be seen as a form of sabotage towards the government and as an apparent attempt to threaten journalists with life imprisonment and ten strokes of the rotan to prevent them from writing about the government as the reporting can be accused to be from leaked state secrets.
• State that it is not within the purview of the AG to interfere or obstruct the profession of journalism, the AG is supposed to oversee legal matters but not the professional conduct. In the same way the AG may handle laws pertaining to medicine but not interfere with the medical profession.
• Ask that the focus be on taking action against those who leak state secrets but not the reporters who report the news and may not know if the information is classified.
• State that such restrictions on reporters may cause reporter to fear reporting and exposing criminal cases.
• Reiterates the media principle in not to encourage or protect acts of abuse of power, graft and those which are criminal in nature and to avoid letting readers to accept what is wrong as right.

Apandi told the NUJ executive committee that the amendments are mainly aimed at whistleblowers who the government have determined could affect the security and stability of the country.

Leakage of government information

However, the AG reminded journalists to determine if any information they obtain from their sources are from confidential government documents or not, to prevent themselves from being convicted under Section 8 of the OSA.

He said the relevant section of the OSA will penalise anyone who are in possession of or control any official secrets, as well as all those who deliver, use, store any property or wrongfully communicate documents which would endanger the safety of an official secret.

"We are concerned that widespread leakage of government information, especially by unprofessional journalists who are not registered nor would adhere to the professional code of ethics will soon contaminate the actual journalistic profession," lamented the AG.

He also stressed that the proposal to amend the OSA is still open for discussion as it has not been approved yet..

Apandi added that the power to approve any amendments to the law is not under his authority but must be brought to the Parliament for any approval.

"Everyone has the right to give his or her viewpoint including me but it is up to the government's view whether to accept or not. Our department does not make any policy" he said.

Recently, a Chinese newspaper quoted Apandi as saying he is considering to amend the OSA to amplify penalties against those involved in divulging state secrets and also against those who have reported the news.

He was also reported as saying that journalists who were found to protecting their sources by refusing to disclose their identity could also be subjected to such charge. -Mkini