No legal grounds to probe LGBTQ+ workshop, says LFL

 

Lawyers for Liberty (LFL) urged the police to stop their investigation against PSM Youth over its LGBTQ+ health awareness workshop.

In a statement today, LFL director Zaid Malek claimed police had no legal basis to probe the event and regarded the investigation as amounting to a serious abuse of power by the authority.

This followed Selangor police chief Hussein Omar Khan's statement yesterday, who said they have launched an investigation under Section 298A of the Penal Code, which criminalises disturbing public tranquillity by insulting or undermining any religion, and Section 233 of the Communications and Multimedia Act (CMA) 1998.

"The penal laws cited have no relevance or connection to the event. Section 298A of the Penal Code prohibits causing disharmony, disunity, or feelings of enmity, hatred or ill will or prejudicing the maintenance of harmony or unity on grounds of religion; whereas Section 233 CMA is for improper use of network facilities or network services.

"The event, which the organisers state is to deliver sexual health information, does not offend these laws as it has nothing to do with insulting any religion or with the improper use of network facilities," Zaid (above) said.

Adding further, the group also criticised Minister in the Prime Minister's Department (Religious Affairs) Na'im Mokhtar, who said the event allegedly contradicts the Federal Constitution and existing laws.

According to Zaid, while Islam is the official religion of the federation, it does not authorise the government to "go on a witch-hunt against events which allegedly infringe the tenets of Islam".

This, he claimed, was based on a decision by the Supreme Court where it declared that the status of Islam under the Federal Constitution does not imbue the laws of this country with Islamic and religious principles.

"That therefore cannot be a ground to say that the event is unlawful or unconstitutional, and it is highly irresponsible for a sitting minister to make such a reckless statement," Zaid said.

LFL added that such a public health event for a minority group was also in no way offensive to Islam, as the religion encourages compassion and aid to those who require it.

Freedom of expression

Zaid also pointed out that the country's constitution protects the right to freedom of expression and to assemble.

"Thus, we urge the government and police to immediately halt the unlawful investigation of PSM Youth’s LGBTQ+ health awareness workshop.

"The government must also ensure that ministers do not irresponsibly make statements that have no legal basis and incite hatred towards minority groups.

"They, like all Malaysians, are entitled to the rights guaranteed by the Federal Constitution," he said.

Yesterday, PSM Youth announced the postponement of its "Pride Care: Queer Stories & Sexual Health Awareness" programme due to safety concerns.

Chairperson Amanda Shweeta Louis said the reaction from the public, as well as Na’im's, reflects rising hatred despite the programme's goal of curbing sexually transmitted infections.

She added that Na'im comments led to increased hateful comments and death threats on PSM's social media.

Na'im had called for authorities to investigate and take legal action if the programme violates the law.

He also said that such a programme challenges the moral and religious values of Malaysians, even if it were to be held behind closed doors. - Mkini