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Wednesday, January 22, 2025

CIJ: Addendum gag order reflects govt's track record of suppression

The Centre for Independent Journalism (CIJ) has voiced concerns over a gag order filed in connection with the royal addendum permitting former premier Najib Abdul Razak to serve the remainder of his six-year sentence under house arrest.

“This move by the government raises alarm about the state of freedom of expression and right to information in Malaysia as it perpetuates a culture of secrecy and serves to undermine the ability of all in Malaysia to access information held by public bodies and engage in critical discourse about issues that pertain to the public interest, even if deemed ‘sensitive’ in nature,” said its executive director Wathshlah Naidu.

She highlighted that the gag order reflects the Madani government’s concerning track record of suppressing freedom of expression, a fundamental right enshrined in Article 10 of the Federal Constitution.

She also emphasised that all public authorities, including the Yang di-Pertuan Agong as defined under Article 160 of the Federal Constitution, should be subject to heightened scrutiny and held accountable for their actions.

Progressive legislation

Wathshlah said this development demonstrates the urgent need for the government to adopt a progressive Right to Information (RTI) legislation, with no further delays, to ensure an open government based on transparency and proactive disclosure of information held by public authorities.

“Any exemption to the non-disclosure of information must be grounded in the international human rights principles of legality, necessity and proportionality, and meet the public interest and harm test.

“Adopting such practices will create an information ecosystem which is based on international human rights standards without the involvement of political or business expediency.

“The principle of transparency, which is fundamental to RTI, should be seen as an entry point for the government to tackle the negative perception among the public and to move away from the track record of attempting to censor all discourse critical of its actions,” she added.

On Monday, the government filed a prohibitory and gag order barring the public from discussing openly the addendum.

The order aims to restrain any party, including the media, from publishing, broadcasting, or disseminating anything related to the ongoing judicial review.

The applicant sought the gag order over the dissemination that could cause public discussion and speculation that trigger doubt, questioning, challenge or insult against Agong’s prerogative. - Mkini

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