Editor’s note: This is the first of a two-part letter by the authors in conjunction with the prime minister’s one-year anniversary in power.
Read Part 2 here.
ONE year after Datuk Seri Ismail Sabri Yaakob took over as the prime minister of Malaysia, Article 19 and Civicus are concerned about systematic attempts by his Government to restrict and undermine fundamental freedoms, especially freedom of expression and peaceful assembly.
As with the previous Perikatan Nasional (PN) Government, the current Government does not tolerate criticism, scrutiny, accountability or dissenting opinions.
In the past year, the Ismail Sabri Government has repeatedly suppressed freedom of expression. There is an active campaign of repression against human rights defenders, civil society actors, artists and cartoonists, lesbian, gay, bisexual, transgender, queer and intersex (LGBTQI) communities, refugees, migrants and opposition political parties that seek to promote and protect human rights, through prosecution under Malaysia’s many repressive laws.
Attempts to peacefully assemble too have been repeatedly thwarted by the Ismail Sabri Government, while media and whistleblowers have faced restrictions on their work or legal harassment.
As a member of the UN Human Rights Council, the Government’s actions to stifle freedom of expression and peaceful assembly are inconsistent with the country’s international human rights obligations and commitments made to the international community.
We urge the Government to halt the ongoing clampdown on civic space and take steps to reform laws and policies used to stifle dissent.
Use of restrictive laws to stifle freedom of expression
Since it was adopted in 1998, the Communications and Multimedia Act (CMA) has emerged as one of the greatest threats to freedom of expression in Malaysia; in the past year, authorities have repeatedly used Section 233 of the law to target online expression, often in conjunction with other laws, such as the Sedition Act 1948, but also at times as a standalone offense.
The colonial-era Sedition Act is routinely abused by authorities, with the Ismail Sabri Government no exception, to suppress dissent and silence opponents. The law has also been used to stifle discourse concerning racial and ethnic groups, religion and Malaysian royalty.
Further, Sections 298 and 298A of the Penal Code criminalise alleged blasphemy and are often used to restrict expression permitted under international human rights law.
These laws have been used to investigate, arrest, charge and convict individuals who have criticised Government officials, institutions or Malaysian royalty, or shared opinions about sensitive issues such as race or religion.
It is common for authorities to use multiple laws to investigate individuals but for the investigation to result in charges under only one (if any) law. Alleging criminality under multiple different laws is a frequent intimidation tactic of the Malaysian authorities, creating a threatening environment that chills freedom of expression.
Prosecution of political expression
Over the last year under Ismail’s Government, human rights defender and graphic artist Fahmi Reza has continued to face systematic harassment for his satirical work, which critiques the Government and Government officials.
- On Oct 4, 2021, police arrested Fahmi under Section 233 of the CMA for his caricature of Ismail under the slogan Keluarga Malaysia. Fahmi was freed the same day on bail.
- On Feb 10, 2022, authorities charged Fahmi under Section 233 of the CMA for a satirical graphic he had posted on social media a year earlier featuring a caricature of former health minister Datuk Seri Dr Adham Baba, who is the current science, technology and innovation minister.
- The following week, on Feb 17, authorities again charged Fahmi under Section 233 of the CMA for another satirical graphic, posted on Facebook on June 1, 2021.
- On Apr 14, Bukit Aman’s Classified Criminal Investigations Department arrested and investigated Fahmi under Section 233 of the CMA and Section 4 of the Sedition Act for a satirical graphic of an ape dressed in attire similar to that worn by the royalty. He was remanded at the Dang Wangi district police headquarters for one day, but no formal charges were levied.
- On Apr 23, Bukit Aman put Fahmi on an international travel blacklist and prohibited him from renewing his passport. The bans were lifted the following month.
Other prominent cases:
- On May 21, the police initiated an investigation against DAP’s Iskandar Puteri MP Lim Kit Siang over a tweet. The investigation was opened under Section 233 of the CMA and Section 505(c) of the Penal Code on the allegation that the tweet contained a comment that could disrupt public order and harmony of the country. Kit Siang had voiced concerns on his blog that Malaysia (referring to the crisis in Sri Lanka) might become a failed state in the next three or four decades.
- On May 28, the Petaling Jaya district police headquarters initiated an investigation under Section 233 of the CMA into a woman for a viral video that she posted on her social media allegedly slandering the police department for being selective when conducting checks at roadblocks.
- In August 2021, authorities charged housewife Nur Faziah under Section 4(1) of the Sedition Act and Section 233 of CMA for allegedly making offensive communications about the King and Cabinet ministers. On conviction, the Sessions Court fined her RM 10,000.
- In April 2022, Johor police arrested a DAP campaign worker for sedition in relation to his comments on a Facebook post that allegedly encouraged ethnic Indians not to vote for the MIC.
Prosecution of expression regarding race, religion and royalty
Over the past year, Malaysian authorities continued to investigate individuals for expression relating to race, religion and royalty (the 3Rs) under Section 298A of the Penal Code, Section 233 of the CMA and the Sedition Act:
- On July 14, Crackhouse Comedy Club co-founder Rizal van Geyzel was arrested under Section 4(1) of the Sedition Act and Section 233 of the CMA. Police stated the arrest was for three videos that touched on racial stereotypes. He was released on the evening of July 15.
- On July 22, van Geyzel was charged with three counts of violating Section 233(1)(a) of the CMA. One of the videos cited in the charge sheet was a video clip of his stand-up comedy set in which he joked about his mixed-race heritage and Malay stereotypes.
- In early July, the authorities arrested Siti Nuramira Abdullah and her partner, Alexander Navin Vijayachandran, in relation to a video of Siti that was uploaded to two of the couples’ joint social media accounts on June 5 on Instagram and June 16 on YouTube. The video shows Siti performing at the comedy club, wearing a hijab and a baju kurung. She gradually takes these off to reveal a miniskirt underneath. While undressing, she remarks that she has memorised parts of the Quran. Authorities charged Siti under Section 298A(1)(a) of the Penal Code and charged Alexander under Section 233(1)(a) of the CMA.
Over the last month, two other individuals have been charged for allegedly insulting Islam through videos posted online – Mohd Nor’muzil Mohd Razalli and Syaidinar Abu Bakar. Both have been convicted under Section 233(1)(a) of the CMA.
Throughout 2021, authorities opened 105 cases for investigation over insults to the royal institution, leading to 23 arrests. Between January and May this year, 11 cases have been opened and so far, two individuals have been arrested for alleged royal insults. – Aug 28, 2022
Article 19 is an international human rights organisation that works to defend and promote freedom of expression and freedom of information, while Civicus is an international non-profit alliance dedicated to strengthening citizen action and civil society around the world.
The views expressed are solely of the author and do not necessarily reflect those of Focus Malaysia.
Main photo credit: Kosmo
