Human rights group Lawyers for Liberty (LFL) has accused Communications and Digital Minister, Fahmi Fadzil of abusing his ministerial power by calling for a probe into a poster that implied his involvement in the Good Vibes Festival (GVF) 2023 debacle.
According to LFL director Zaid Malek, Fahmi is free to file a civil suit for defamation against parties responsible, instead of calling the enforcement authorities to act on the matter.
"It is a conflict of interest and a clear abuse of ministerial power that a minister has ordered, or set in motion, the enforcement authority under his control for an investigation over an alleged libellous poster made about himself.
"The ministry and its agencies are not there for Fahmi's personal benefit, to utilise for his personal use. Further, since it is the minister himself who initiated the matter, it puts undue pressure upon the enforcement agency and affects the fairness of the investigation. This should have been obvious to Fahmi," Zaid (above, right) said in a statement today.
He was responding to Fahmi saying he would lodge a report to the Malaysian Communications and Multimedia Commission (MCMC) over an allegation that he ordered a narrative to blame PAS for GVF's cancellation last weekend.
Fahmi also took to social media to clarify the chronology of events leading to the festival’s cancellation.
(The festival, held at the Sepang International Circuit, featured a "stunt" by The 1975’s frontman Matt Healy performing while holding what is believed to be a bottle of alcohol, before kissing the male guitarist.)
No special status
Elaborating, Zaid said that as a minister, Fahmi is responsible for upholding the right to free speech as guaranteed under the Federal Constitution, and should check himself from using his powers to trample on this right.
"He cannot on a whim utilise the authorities under his jurisdiction to subject his political detractors to criminal investigations.
"Fahmi holds no special status to be free from criticism or to use government machinery to clear his own name," said Zaid, urging Fahmi to file a defamation suit, like "other ordinary Malaysians" instead.
"Unlike Fahmi, ordinary Malaysians do not expect special treatment by enforcement bodies to defend their reputation. There is no legal basis to involve the enforcement authorities simply to clear allegations that were made against Fahmi specifically.
"Indeed, there is a whiff of Stalinism about this kind of ministerial conduct.
"We are disappointed that the Pakatan Harapan-led government has displayed no qualms or hesitation in using the full might of the government machinery to hound its political opponents ever since it has taken power.
"This form of dictatorial style of governance was not what voters hoped to see when the Harapan-led government was formed," stressed Zaid.
‘Withdraw orders to MCMC’
He also urged Fahmi to withdraw his orders for the MCMC to investigate the allegation made against him in the poster.
In fact, all government leaders should refrain from using enforcement authorities against critics, unless there is an actual threat of violence or injury, he added.
"Enforcement bodies have no business bothering with ‘injuries’ to the image of the Harapan-led government.
"In all situations, the government’s image is not a justifiable reason for the limitation of free speech in any manner." - Mkini
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