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KUALA LUMPUR, May 19 — Global watchdog Human Rights Watch (HRW) has claimed that the Malaysian authorities are resorting to criminal investigations increasingly to allegedly harass journalists, protest leaders and various other critics of the government.
In a report today, HRW said due to this, many are facing potential prosecution and have been subjected to police questioning about their work or speeches.
“Malaysia’s Penal Code, Sedition Act, Peaceful Assembly Act, and Communications and Multimedia Act all contain overboarding and vaguely worded provisions that allow the police to investigate or arrest people for a wide range of activities or speech that the government dislikes.
“Recent cases have targeted people for organising public protests, reporting on allegations of police abuse, drawing cartoons, and posting an ironic Spotify playlist.
“In a rights-respecting democracy, the government does not view journalism as a crime and accepts criticism and satire as free speech,” said HRW Asia legal adviser, Linda Lakhdhir.
Lakhdhir also pointed out that the Malaysian government’s apparent growing use of criminal laws to target critics demonstrates its rapidly declining regard for human rights standards.
According to HRW, in a recent case, the police opened criminal investigations into two Malaysiakini journalists for their coverage of allegations that police brutality was the cause of a death in detention.
“Reporting on allegations of government misconduct is part of a journalist’s job.
“Rather than investigating the reporters, the Malaysian authorities should be conducting a credible investigation into the allegations of police abuse,” said Lakhdhir.
On April 23, local artist Fahmi Reza Mohd Zarin was arrested for alleged sedition.
According to his lawyers, Fahmi was informed that he was being arrested on a matter related to the Raja Permaisuri Agong Tunku Hajah Azizah Aminah Maimunah Iskandariah.
He was being investigated under Section 233 of the Communications and Multimedia Act for posting several artwork and a playlist on Spotify that had the image of the Queen on it.
If convicted, Fahmi faces up to seven years in prison.
HRW also cited another criminal investigation launched against political cartoonist Zulfikar Anwar Ulhaque, known as Zunar, over a satirical drawing that mocked the Kedah chief minister for his decision to cancel a holiday marking a Hindu festival.
He was questioned on May 7 as part of an investigation under section 505(c) of the Penal Code, another overly broad provision that criminalises speech “which is likely to incite any class or community of persons to commit any offense against any other class or community of persons,” and section 233 of the Communications and Multimedia Act.
Leaders of recent peaceful protests have also been the target of police investigations.
The police have called in for questioning eight people who participated in a “breaking fast” event on April 30 in Kuala Lumpur to protest the continued suspension of Malaysia’s parliament.
The eight, which include several opposition politicians, are being investigated under section 9(5) of the Peaceful Assembly Act for failure to give notice of the event.
Earlier in May, the police questioned several people, including Opposition PKR Lembah Pantai MP Fahmi Fadzil and executive director of the human rights group Suara Rakyat Malaysia, Sevan Doraisamy, over their participation in a solidarity protest for Fahmi Reza held outside the Dang Wangi police station on April 24, the day of his remand hearing.
The police also called for questioning at least four people, including three Opposition members ofP, for participating in a peaceful protest against the election commission’s delay in implementing a reduction in the voting age to 18.
According to HRW, international norms establish that no one should be held criminally liable for the mere act of organising or participating in a peaceful assembly.
“The imposition of criminal penalties on individuals who fail to notify the government of their intent to peacefully assemble is disproportionate to any legitimate state interest that might be served.
“The investigations are bad enough, but Malaysia has such vague and overbroad laws that the police can go after almost anyone for just about anything they do or say.
“The government needs to stop treating criticism as a crime and amend or repeal the abusive laws being used against critical speech and peaceful protest,” Lakhdrhir said.
