Journo's arrest too harsh, tantamount to overkill, says Suhakam

 

The arrest and investigation of a former journalist over a question he posed during a forum on Palestine was “too harsh and tantamount to overkill”, said Suhakam.

“Such an approach reflects an outdated and intolerant mindset that prioritises punitive measures over engagement, dialogue, and rights-based responses,” it said in a statement this morning.

Suhakam was commenting on the recent arrest and investigation of former Free Malaysia Today journalist Rex Tan under the Sedition Act, Section 505(c) of the Penal Code, and the Communications and Multimedia Act (CMA) 1998.

Tan’s question at a public discussion on Palestine featuring UK politician George Galloway in Kuala Lumpur had allegedly carried racial overtones.

He was arrested in the early hours of Jan 17 when he went to give his statement at the Dang Wangi police station, but was released the next morning.

Regarding the police’s actions towards Tan, Suhakam stressed that enforcement agencies need a new way of thinking.

Rex Tan and his lawyer outside the Dang Wangi police station

“There is an urgent need for a shift in mindset on the part of enforcement agencies towards approaches that are proportionate, measured, and consistent with democratic values and fundamental liberties.

“The actions taken raise serious questions of compatibility with the freedom of speech and expression guaranteed under Article 10 of the Federal Constitution.”

Inapplicable law

The commission also criticised the police’s use of the three laws against Tan.

Section 233 of the CMA does not apply to Tan’s case because recordings of the question had not been transmitted online by him, Suhakam said.

“Section 233 applies only to communications initiated or transmitted via network services, and any recording or online dissemination by a third party does not attract liability to the speaker”.

Section 505(C) of the Penal Code, on the other hand, seeks to criminalise statements that may incite fear or alarm among the public or disturb public tranquillity, the commission said.

“The application of this provision must be approached with caution, particularly where the expression in question forms part of journalistic inquiry or public discussion on matters of public interest.”

Significant risks to freedoms

As for the Sedition Act, Suhakam said that it should be repealed together with Section 233 of the CMA.

“Sedition Act 1948 is overly broad and susceptible to arbitrary application, creating a chilling effect on legitimate discourse, especially on issues of public importance.

“Its preventive nature, which does not require proof of actual harm, poses significant risks to fundamental freedoms in a democratic and plural society,” it mentioned.

The commission added that criminal proceedings against journalists should be used only as a last resort.

Instead, complaints against the media should be addressed to the Malaysian Media Council, which should be strengthened as the primary independent self-regulatory mechanism for the media, Suhakam said. - Mkini