JULY 20 — The Centre for Independent Journalism (CIJ) challenges the actions of the Malaysian Communications and Multimedia Commission (MCMC) in blocking access to website Sarawak Report.
Blocking a website is a serious restriction on freedom of expression and can only legitimately be done under specific, narrowly defined and necessary circumstances.
There must be a legitimate purpose - whether for national security, public order, or public morality - which is clearly outlined and disclosed. The blocking must also be done via a legitimate law and must be proportionate to the means they intend to achieve.
In this case, MCMC has merely stated that access to Sarawak Report has been blocked as it has violated sections 211 and 233 of the Communications and Multimedia Act 1998 (CMA).
Those sections state the offence of posting offensive content on the internet and the penalties that a court may impose if a person or content provider is found guilty. In this case, MCMC appears to have assumed the role of prosecutor and judge and found Sarawak Report guilty of an offence under the CMA without a prosecution or a court finding.
MCMC has also stated that the site is being blocked under section 263(2) of the CMA. The section states that a licensee shall assist MCMC, upon a written request, in preventing the commission of any offence in Malaysia. The section quoted does not appear to give MCMC any powers to block content upon the internet.
For any restriction on the guaranteed right of freedom of expression to be legitimate, it must firstly be authorised by a specific law. There must also be adequate provision for a website that has been blocked to appeal and challenge the decision of MCMC.
The blocking of Sarawak Report without a clear, legitimate purpose and without reference to a proper law authorising such blocking of content is a breach of the guarantee to freedom of expression under Article 10 of the Federal Constitution. A 2011 report by the United Nations Special Rapporteur for Freedom of Expression views the blocking of content on the internet gravely.
CIJ is also deeply concerned that there is a further clamp down on the discussion around a critical public interest issue which negates the public’s ability to find out information, debate and form important opinions. CIJ renews its calls for a focus on investigating the actual issues at hand, and rejects further regulation and censorship on the internet as a way to manage the issue.
CIJ calls on the MCMC to respect the right to freedom of expression and to cease its blocking of Sarawak Report. If indeed sections 211 and 233 of the CMA have been breached, a case could be brought against Sarawak Report and they should not be arbitrarily blocked without being given an opportunity to defend themselves.
Jac Kee and Sonia Randhawa
Directors
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail Online.
