Wednesday, November 30, 2022

YB Fahmi Fadzil : The Question Is 'Is It A Criminal Or Civil Offense' ?

 I have some very last comments at the very end.

"Like all other citizens, should PM feel aggrieved by adverse comments, he must file a defamation suit in a civil court" - Zaid Malek, director Lawyers for Liberty.

 

Zaid stressed that police powers were to guard public order
In functioning democracy, police action cannot be taken against politicians or critics for issuing objectionable, insulting or false statements against anyone, including the prime minister.
If police initiate criminal investigations into every accusation or insult to the prime minister, it will be a slippery slope towards authoritarianism
“No matter how objectionable or insulting the speech may be, criminal action cannot be the response. That is how we foster a healthy democracy,” he said
 

Zaid viewed involving police on slander as an abuse of power
PM holds no special status at law, cannot lawfully call police to defend his reputation

abuse of power for PM to order police investigations into people who make accusations against him, as he is an interested party

Like all other citizens, should PM feel aggrieved by adverse comments, he must file a defamation suit in a civil court. 

The job of police is to prevent crime, not to protect the PM from insult or criticism Zaid added

https://www.malaymail.com/news/malaysia/2022/11/30/police-powers-must-not-be-used-to-silence-critics-of-pm-legal-group-tells-new-government/42656




 

By Ashley Yeong
Wednesday, 30 Nov 2022

KL Nov 30 — Lawyers for Liberty called on PM to drop investigations into critics 

and uphold PH's promise of govt reform

director Zaid Malek said new govt must avoid excesses of previous govts 

if it truly wants to empower free speech and robust democratic culture

We call upon new govt and PM to uphold promise of reform in GE15 manifesto 

halt all investigations on critics of PM he said in a statement

unacceptable for new govt, which promised reforms, to immediately call for police action against critics of PM he added

Fahmi Fadzil said PM instructed police to take action on “slanderous” critics.

Bukit Aman confirmed investigation on PAS’ Baling MP 

under Section 504, Section 500 Penal Code, Section 233 Multimedia Act 

Zaid viewed involving police on slander as an abuse of power

PM holds no special status at law, cannot lawfully call police to defend his reputation

abuse of power for PM to order police investigations into people who make accusations against him, as he is an interested party

Like all other citizens, should PM feel aggrieved by adverse comments, he must file a defamation suit in a civil court. 

The job of police is to prevent crime, not to protect the PM from insult or criticism,” Zaid added.

The fact that police probe is apparently at Anwar’s behest is inappropriate and potentially unlawful.

“Will citizens feel afraid now to criticise the PM?” Zaid asked.

He also called out PH, alleging it was reversing GE15 pledge to Section 233 of Communications Act

He reminded PH leaders they had once been on receiving end of police action 

should know better than to foist it on their critics

PH always taken position it is untenable for PM to use police to silence critics he said

Zaid stressed that police powers were to guard public order.

In a functioning democracy, police action cannot be taken against politicians or critics for issuing objectionable or insulting or false statements against anyone, including the prime minister.

“If the police initiate criminal investigations into every accusation or insult to the prime minister, it will be a slippery slope towards authoritarianism.

“No matter how objectionable or insulting the speech may be, criminal action cannot be the response. That is how we foster a healthy democracy,” he said



My Comments :

I will not play that laughing lion again - this time. Instead here is that cat:

Lets see what the cat drags in tomorrow

 

Its been less than a week.

  1. There was the team up with Zahid Hamidi and UMNO. 
  2. There was also that invitation extended to PAS (do not forget that).
  3. Now this issue of telling the cops to investigate "slanderous critics".

Lets see what the cat drags in tomorrow. 

Ok here are my "very last comments at the very end". 

This is the FIFTH prime minister (Najib included) since May 2018.  Five changes of Prime Minister in just over FOUR years. How long will or can this present government last? It is anyone's guess.

When Dr Mahathir, then Tan Sri Muhyiddin and then Ismail Sabri took over, they went after the bad guys and the wrong doings of the previous administration. Through due process of the law.

As a result Najib is in jail. The other fellow still has multiple Court charges. And the rest of the Court Cluster is still not fully clear of all their legal entanglements. Even that  very young MP  is still facing Court charges.

Perhaps this is a good thing for the evolution of our democracy. It may encourage the Parliamentarians, Assemblymen and leaders  to obey and uphold the law closely. Otherwise once the government changes then they may find themselves having to answer for their actions. Times have changed.

The views expressed are those of the writer and do not necessarily reflect those of MMKtT.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.