GERAKAN Media Merdeka (Geramm) and the National Union of Journalists Malaysia (NUJM) have noted the importance of protecting the confidentiality of anonymous sources. They argued that news should not be dismissed as “untrue” or “invalid” simply because it cites unidentified sources.
Both organisations expressed their opposition to any measures that could threaten journalists’ rights to keep their sources confidential. They stated that any cooperation with investigations conducted by authorities should not require journalists to reveal the identities of their confidential sources.
“On the other hand, the need to respect the privacy and confidentiality of sources is outlined as one of the eight values of the Malaysian Journalist Code of Ethics published by the Information Department on behalf of the government,” the groups stated in a joint statement.
Geramm and NUJM stressed that protecting source confidentiality is vital for journalists and media organisations to fulfil their role as the “fourth estate” and represent the voices of all levels of society. They cautioned that without guarantees of protection, journalists could lose the trust of sources who have critical information.
“Without guarantees of protection, journalists will lose the trust of sources with information that needs to be disclosed,” they added.
“The assessment of the authenticity of the source and the information disclosed, in addition to the need to keep their identity confidential, should be determined by the reporter and the editor, without the involvement of outside parties.”
Moreover, the groups also highlighted that the right of journalists in Malaysia to protect the confidentiality of their sources has been recognised as a court precedent since 2013, following a decision in a defamation case.
In the event of disputes arising after the publication of articles or news, the groups suggested that resolutions should be sought through the independent Malaysian Media Council. The council is in the final stages of establishment with a bill expected to be tabled in the Dewan Rakyat in October.
These statements come in the wake of a police report concerning a Malaysiakini article alleging that Bukit Aman federal police headquarters is planning a major reshuffle of its top leadership. Communications Minister Fahmi Fadzil responded by urging journalists to cooperate with police investigations into their sources.
Fahmi acknowledged the media’s right to protect sources but pointed out that existing laws must be adhered to. “If there is a police report made based on existing laws, we ask anyone involved to cooperate with the police,” he stated.
On Tuesday (Aug 6), Kuala Lumpur police chief Datuk Rusdi Mohd Isa announced that the case is being investigated under Section 505(b) of the Penal Code and Section 233 of the Communications and Multimedia Act 1998.
Section 505(b) pertains to actions likely to cause public fear or alarm, potentially leading to offenses against the state or public tranquility. Violations may result in imprisonment for up to two years, a fine, or both.
Meanwhile, Section 233 deals with offences related to using network facilities to transmit communication deemed offensive or likely to cause annoyance to another person. Convictions can lead to a prison term of up to one year, a fine of up to RM50,000, or both.
A Malaysiakini report which quoted an anonymous source, named several senior officers including Deputy Inspector-General of Police (IGP) Datuk Seri Ayob Khan Mydin Pitchay as potentially being affected by the leadership reshuffle.
Rusdi confirmed that police would summon the authors of the article for assistance in the investigation.
IGP Tan Sri Razarudin Husain later labeled the report as “untrue”, noting that no official statement had been issued by the federal police headquarters regarding the matter. – Aug 8, 2024
Main photo credit: UKEC
