Lawyers for Liberty (LFL) has slammed Communications Minister Fahmi Fadzil’s use of the term “slander” to allegedly justify the government’s crackdown on freedom of expression.
The human rights group’s director Zaid Malek said the justification was “dishonest, evasive, and hypocritical” of the Madani administration.
“This is a strawman response that mischaracterises the report which did not defend slander but criticised the actions of the Pakatan Harapan-led government in utilising repressive laws such as the Sedition Act, the Communications and Multimedia Act, the Printing, Presses and Publications Act and other oppressive laws to curtail free speech.
“These are the same laws that Harapan promised in its political manifesto to repeal - promises forgotten now that they are in power,” Zaid (above) said in a statement today.
This was in response to Fahmi’s remark yesterday that the government is ready to hear feedback from Amnesty International following the latter’s criticism of Putrajaya’s alleged failure to fulfil its commitments to reform laws that restrict the right to freedom of expression.
In saying so, Fahmi however stressed that there is a difference between freedom of expression and slander.
“We acknowledge the concerns voiced by Amnesty International, but at the same time, there’s a difference between freedom of expression (and slander).
“(Freedom of expression) does not mean freedom to slander, which ruins the society and the country,” Fahmi told a press conference.
Perversion of liberties
The minister was replying to a question about Amnesty International’s 2023-2024 State of the World’s Human Rights report launched recently, which said the Malaysian government has failed to fulfil commitments to reform restrictive laws, threatening civic space, and furthering rights violations.
Elaborating, Zaid said Fahmi should not pretend to not know the basis on which the criticisms were made against the government.
“These draconian laws, which he (Fahmi) and other Harapan leaders condemned previously when they were in opposition, clearly infringe freedom of speech as it gives the government power to shut down any civil or political dissent.
“It is two-faced to now pretend that these laws are just or necessary, simply because they are the ones wielding the same laws against the opposition and civil society,” he said, further pointing out that slander is not a matter of criminal law.
According to him, anyone slandered, including the prime minister, can file a civil suit for defamation.
“It is not for the government to claim ownership of truth and hide behind buzzwords like ‘fake news’, whose definition is entirely up to the government to decide.
“There cannot be a free and meaningful discourse on public interest issues if the government repeatedly threatens criminal action for ‘fake news’ or ‘slander’,” said Zaid.
Zaid also touched on Fahmi’s reiteration about the Madani government not having arrested any journalist, or shut down any media companies to date.
The lawyer said the lack of journalists being arrested does not necessarily mean freedom of the press is protected or respected by the government.
Zaid said Fahmi’s reply has also sidestepped criticisms regarding the government’s political pandering to conservative elements by utilising the 3R (race, religion, and royalty) to justify excessive action against anyone who expresses opinions or beliefs that do not fall in line with the views of the perceived majority.
“This is a perversion of freedom of speech, which should protect all types of expression, not just what is sanctioned by a purported majority.
“If the minister truly wants to hear feedback, then be honest that Harapan has failed to carry out its promises regarding the protection of freedom of expression and take steps to remedy the situation.
“It is pointless for the government to say that they are open to criticism when they continue to use a panoply of discredited laws against critics.” -Mkini
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