Focus on 1MDB probe instead of silencing chatter, civil groups tell Putrajaya

KUALA LUMPUR, July 10 — Putrajaya should not curb public discussions about 1Malaysia Development Berhad (1MDB) in a bid to stop rumours but should instead focus on the transparency of its investigation, several civil society groups said.

Yesterday, government agency Malaysian Communications and Multimedia Commission (MCMC) reminded social media users that the sharing of altered images, false news and speculation on the ongoing probe of 1MDB could amount to offences under the Communications and Multimedia Act (CMA).

The Centre for Independent Journalism (CIJ) expressed alarm at what it described as an attempt to “suppress” discussion of an important matter of national interest through the CMA’s broad use.

“Suppressing discussion online or the dissemination of memes that provoke discussion will not stop either suspicion nor the rumour mill, rather the reverse.

“We urge full transparency and accountability of all figures involved, including those involved in investigating the Prime Minister. This is the only way to stop false news and rumours from circulating,” CIJ director Jac SM Kee told Malay Mail Online when contacted yesterday.

Kee pointed out that Malaysians’ rights to both seek and impart information and exercise freedom of expression are enshrined under the Federal Constitution, adding that such rights are part of Malaysians’ responsibility as citizens to “fully engage and participate in matters of great national importance”.

Cynthia Gabriel, founding director of the Centre to Combat Corruption and Cronyism (C4), said the discussions online are a natural consequence and reflection of how the authorities had not been “forthcoming with details” from the ongoing investigations, also viewing public anger as “natural” as they were allegedly “betrayed and taken for a ride” in the 1MDB scandal.

“The restrictions imposed by MCMC borders on absurdity because it is completely off the mark to try to contain and control people’s expression and anger on everything that has developed on 1MDB.

“The authorities should instead focus on bringing the culprits to book and authorities should instead focus on investigating the alleged wrongdoing and corrupt officers including Prime Minister Najib and allegations made against him,” she told Malay Mail Online yesterday, while stressing that C4’s view of public anger as justified did not mean the group was supporting it.

Authorities should not be focused on taking action against whistleblowers, but should instead divert resources and be as “transparent” as possible, she said.

Asked to weigh in, technology news portal Digital News Asia’s executive editor Asohan Aryuduray said MCMC is technically in the right to stop the spread of rumours or false news, but said such an action may be viewed by the public as a clamp down on discussion.

“So there is an ongoing investigation, it is very much in MCMC’s right or the government’s (right) to stop speculation that can influence the investigation,” he said, noting that this is also the case in other countries.

“I just think it’s the wrong timing, just when things are coming to a head with investigation and when there’s potential of defamation suits, this only gives impression that they are clamping down,” he also said.

Asohan said MCMC does not have to track down the creator of the online material and could go after those who share it, as the act of sharing itself is a crime.

“The other aspect is with the amendment of Section 114, now they don’t even have to prove it’s you who shared the information,” he said of the new clause, which kicked in on July 31, 2012.

Under Section 114A which was inserted into the Evidence Act 1950, Asohan said the burden of proof would be shifted to those charged with such offences, where they are “presumed guilty” until they proved their innocence, he said.

It’s unclear how MCMC will enforce its reminder yesterday, given that information spread through social media sometimes go viral after being shared by multiple users.

1MDB, which is owned by the Ministry of Finance and reportedly chalked up debts of RM42 billion, is being probed by authorities and was raided on Wednesday.

The Wall Street Journal (WSJ) reported last week that that US$700 million (RM2.6 billion) from the state-owned fund ended up in bank accounts purportedly owned by Prime Minister Datuk Seri Najib Razak, with the bulk of it allegedly transferred two months before the 13^th general election.

A special task force comprising officials from the Attorney-General’s Chambers, Bank Negara Malaysia, the Malaysian Anti-Corruption Commission and the police however announced yesterday that two bank accounts purported to be owned by the prime minister in the allegations were closed earlier this year before WSJ ran its report.