CORONAVIRUS | A New York-based journalists NGO has called on the Perikatan Nasional (PN) government to repeal laws curtailing press freedom, especially to ensure the media’s role in disseminating accurate information during the Covid-19 crisis.
In a letter to prime minister Muhyiddin Yassin, Committee to Protect Journalists (CPJ) executive director Joel Simon (photo, above) urged the new government to “make press freedom a top priority” by repealing or amending stipulations within the Communications and Multimedia Act (CMA) 1998 and the Penal Code.
“The role of an independent press that can report freely on issues of public concern has never been more important, especially at a time when the Covid-19 pandemic threatens the well-being of the people of Malaysia, who require accurate and timely information to make informed decisions about how to safeguard their health.
“As you are aware, the successive Umno-led administrations that governed your country for decades pursued antagonistic relations with the media, characterised by frequent harassment, intimidation, and threats under various overly broad and repressive laws.
“We ask you to turn the page on that unfortunate history and open a new chapter that gives priority to amending and abolishing laws that have been habitually abused to stifle the media,” Simon said.
In particular, Simon called on the government to immediately repeal Section 233(1) of the CMA, which criminalises the use of network facilities for communications that could be deemed "offensive, false or obscene”.
A conviction under this law carries a maximum fine of RM50,000 or a jail term not exceeding one year or both.
“Convictions under this law, with its broad, vague standards, allow for one-year prison sentences and fines. Malaysiakini journalists, including Malaysiakini editor-in-chief (Steven Gan), have been gravely threatened under the law in recent years.”
He was referring to the 2016 case in which the Umno administration, under then premier Najib Abdul Razak, pursued charges against Malaysiakini for airing a video of a press conference they deemed offensive on KiniTV website.
It was reported last year that Section 233 of the CMA was being studied and improved by the since overthrown Pakatan Harapan government to prevent it from being abused.
The CPJ also called on Section 505(b) of the Penal Code, which bans any statements being made which are perceived to intend to cause fear or alarm, or to induce an offence to be committed. A conviction under this law allows for a two-year jail term, or a fine, or both.
CPJ said: “These provisions are far too broad, and are prone to abuse. They also produce self-censorship that ultimately undermines the very public interest they are purportedly intended to protect.”
Simon highlighted the case of journalist Wan Noor Hayati Wan Alias (photo) who was charged under the law in February with making statements on her personal social media account which could disrupt public peace in relation to the coronavirus.
This came as the then Harapan government, of which Muhyiddin had been a cabinet member, was cracking down on social media users alleged to be spreading false information on Covid-19.
“(Wan Noor) ... told CPJ that the case has caused her journalist colleagues to self-censor their Covid-19 news coverage over fears they could be similarly charged.
“[...] Additionally, we strongly urge your government to refrain from re-enacting the ‘fake news’ law which was passed by politicians now represented in your ruling PN coalition and abolished by the outgoing (Dr) Mahathir Mohamad’s administration.”
The Najib-era Anti-Fake News Act 2018 was repealed in Dec, last year.
Simon further called on Muhyiddin and his government to support the new independent Media Council, approved by the cabinet of the previous administration and accept the interim council’s proposed legal changes “to allow the independent body to function freely without government intervention or threats”.
“Your government has a unique opportunity to champion the cause of press freedom in Malaysia, amid a global health crisis where free and independent reporting can save lives. We encourage you to grasp this opportunity, in the name of democracy and reform,” he added. - Mkini
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