Ask The Government To Stop Silencing Malaysia

GET THE WORD OUT

OUR EXPRESSION IS OUR IDENTITY.

Itā€™s how we communicate with the world, how we learn about each other and ourselves. Expression is pleasure, itā€™s knowledge, itā€™s discovery. Itā€™s how we share joy, grieve, heal. Itā€™s how we seek justice and how we create the world we want.

But what happens when our ability to express ourselves is restricted? When our choices and experiences are censored? When lyrics are deleted from songs, films chopped up, stories never told, art taken down, news not printed, websites inaccessible ; when our ancestral folk dance is suddenly deemed unsuitable and the murals we paint too ā€˜sensitiveā€™ to be seen? Who are we when we cannot be free ā€“ to think, to feel, to express ourselves?

Censorship silences us. It holds us back, makes us scared of ideas and people different from us, it prevents us from understanding each other.

Censorship steals our questions, our voices, our thoughts. It denies us our right to hold our leaders accountable. It enables violence and injustice to happen.

Our joy has been restricted, our stories banned, our questions erased. Weā€™ve been silenced.

But we do not have to be.

Get unsilenced. Demand our right to freedom of expression be respected.

GETUNSILENCED

MALAYSIA, STOP

RESTRICTING FREEDOM
OF EXPRESSION

Everyone has the right to seek, receive and impart information and ideas without fear or interference. The right to freedom of expression is important for the personal development and dignity of every individual, and it is essential for the fulfilment of other human rights.

Ask Malaysia to repeal the following laws that restrict freedom of expression:

Sedition Act ā€“ The law most frequently used to silence dissent, the government remains committed to the Sedition Act, arguing that it protects national security, ensures public order and moral principles, and curbs defamatory acts. A person found guilty of sedition may be sentenced to three years in jail, a RM5,000 fine, or both.

Communications and Multimedia Act (Section 233) – This law regulates communications and multimedia industries, but Section 233 criminalises online content that is “obscene, indecent, false, menacing or offensive in character.” The excessively vague nature of the law has allowed it to be used against everyone from musician Namewee for a YouTube video to 1MDB whistleblower website Sarawak Report.

Film Censorship Act – Possessing, circulating or screening a film that has not been approved by the government Board of Censors is a crime punishable by up to RM30,000 fine and/or three years imprisonment. While the Netflix generation can breathe easier as streaming services are not subject to this law, content shown on TV, cinemas and yes, even private screenings, must be pre-approved by the opaque censorship board.

Printing Presses and Publication Act – The act gives absolute discretion to the Minister of Home Affairs to grant and revoke licences for all print media, giving the government tremendous power over newspapers and other printed media outlets.

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A History of

1948

The colonial government declares a state of emergency in Malaysia to contain the growing pro-independence movement. The Sedition Act is introduced to curb growing opposition to British rule.

1960

The Malayan Emergency comes to an end, but the Emergency Regulations Ordinance, which allows detention without trial for up to one year, is maintained through the introduction of the Internal Security Act (ISA).

1972

The Official Secrets Act is passed.

1975

Education Minister Mahathir Mohamad pushes for amendments to the Universities and University Colleges Act 1971, barring the involvement of students in political parties and labour unions, and the union of student bodies.

1978

Member of Parliament Mark Koding was charged (and later convicted) under the Sedition Act for arguing in Parliament that vernacular schools should not be allowed.

1981

The Kelantan state government bans mak yong, a traditional dance performance, for what it claims are un-Islamic elements. It would later also ban other traditional arts including menora, wayang kulit and main puteri for the same reason.

1984

The Printing Presses and Publication Act (PPPA) is passed.

1987

The mass crackdown of Operation Lalang saw the arrest of over a hundred politicians and activists under the ISA. The closure of The Star, Sin Chew Jit Poh and Watan newspapers leaves a lasting effect and weaken media freedom for decades to come.

1992

Information Minister Tan Sri Mohamed Rahmat issues a directive banning male performers with long hair from appearing on RTM, and their songs from being played on the radio. Rock group Search was initially defiant, but ultimately cut their hair.

1994

DAP leader Lim Guan Eng sentenced to 18 months prison under the Sedition Act and the PPPA for a pamphlet criticising the governmentā€™s failure to charge an UMNO leader accused of statutory rape.

1994

Holocaust film Schindlerā€™s List is banned.

1996

The Multimedia Super Corridor (MSC) project is launched, and along with it, the MSC Bill of Guarantees, which promised no censorship of the Internet.

1996

Activist Irene Fernandez is arrested and charged under the PPPA for ā€œmaliciously publishing false news,ā€ for her organisation Tenaganita's memorandum to the government on the abuse and ill-treatment of migrant workers in detention centres. Irene would ultimately be acquitted in 2008, 13 years later.

1998

The Communications and Multimedia Act is passed into law. The MCMC is established. Section 233 of the law would become frequently used to investigate social media posts.

1998

Animated film The Prince of Egypt is banned over unspecified ā€œreligious and moral reasons.ā€

2001

Zoolander is banned. The comedy involves a plot to assassinate the ā€œPrime Minister of Malaysia.ā€

2002

The Film Censorship Act is passed.

2002

DBKL bans a local production of The Vagina Monologues, even though it was to be the showā€™s second run.

2003

Police raid online media outlet Malaysiakini, crippling the organisation after seizing 19 of its computers. UMNO Youth lodged a police report over a readerā€™s letter comparing it with the Ku Klux Klan.

2003

DBKL forms a script vetting committee after some controversy over a performance by political satire group Instant CafƩ Theatre, The 2nd First Annual Bolehwood Awards.

2004

DBKL denies permit to Huzir Sulaimanā€™s play Election Day unless it removed certain words, including ā€œAnwar Ibrahim,ā€ ā€œHidup Mahathir,ā€ and uh, ā€œGuardian Pharmacy.ā€ The producers complied but cheekily pasted a glossary of the original words and their substitutions outside the theatre.

2007

Bloggers Jeff Ooi and Ahirudin Attan were sued by the New Straits Times after they alleged plagiarism by the paperā€™s group editor and described the paper as then-PM Abdullah Badawiā€™s spin doctors.

2009

Regional satellite TV channel Star World censors audio of the broadcast of the Oscars ceremony when an award recipient said the words ā€œgayā€ and ā€œlesbian.ā€

2011

Seksualiti Merdeka, a small, annual sexuality rights festival held since 2008, was banned by the police ā€œto maintain public order.ā€ The organisers unsuccessfully challenged the ban in court.

2011

The Peaceful Assembly Act is passed.

2012

Malaysian Internet sites went ā€œdarkā€ in protest of the introduction of Section 114A of the Evidence Act.

2014

15 people were charged under the Sedition Act and many more were investigated, one of the highest ever.

2015

One day before the fourth Bersih rally, the government banned ā€œany yellow clothing which carried the word 'Bersih 4ā€™,ā€ but people were defiant and the rally attracted over 200,000 participants.

2015

Access to whistleblower website Sarawak Report was blocked by the MCMC after it exposed documents related to 1MDB. The block remained until the change in government in 2018.

2015

Business weekly The Edge was suspended for three months over its coverage of 1MDB, which the government said, ā€œthreatened public order.ā€

2015

A host of talk radio station BFM receives death threats over a video she posted criticising the introduction of hudud, the Islamic penal code, in Kelantan.

2016

The MCMC raids Malaysiakiniā€™s office over a video featuring a critic of then-Prime Minister Najib Razak

2016

The MCMC blocks news outlet The Malaysian Insider, which eventually led to its demise.

2017

Lena Hendry of human rights organisation Pusat KOMAS is fined RM10,000 under the Film Censorship Act for screening No Fire Zone, a documentary about the civil war in Sri Lanka.

2017

UMNO Youth members destroy artwork and confront cartoonist Zunar at an exhibition in Penang. But it was Zunar who was arrested under the Sedition Act.

2017

Two pieces by Sabah art collective Pangrok Sulap were removed from an exhibition after complaints that its political content was too provocative.

2018

Months before the general elections, the government passed an anti-fake news law that a minister said would allow action to be taken against those spreading bad news. The law would be repealed in 2019 following a change in government.

2018

Organisers took down portraits of two LGBT activists that were part of a George Town Festival exhibition after receiving instructions from a minister.

2019

After 28 years, the Kelantan state government lifts the ban on mak yong, but only if the performances follow a set of ā€œshariah complaintā€ guidelines.

2019

Police investigate organisers of the Womenā€™s March in Kuala Lumpur under the Sedition Act.

2019

Pas Youth complain about a play Sex in George Town City, leading the producers to change the word ā€œsexā€ in the title to ā€œlove.ā€ It was later cancelled anyway.

2020

Editor in Chief of Malaysiakini, Steven Gan, was charged with contempt of court over readersā€™ comments that were allegedly in contempt of the judiciary.

Communications and
Multimedia Act (CMA)

The act largely regulates the use of communications networks and infrastructures, but Section 233 has become the default law for policing content on the Internet. The law defines the offence of improper use of network facilities, which includes content that is, ā€œobscene, indecent, false, menacing or offensive in character ā€¦ā€ Given the impossibility of monitoring the vast amount of information on the Internet, enforcement of this law is selective and has been used against everyone from opposition politicians, activists and ordinary social media users.

Penalties: Up to RM50,000 fine or one year in prison or both. A further fine of RM1,000 a day can also be imposed if the offence is continued after conviction.

Notable case: Artist-activist Fahmi Reza was sentenced to a month’s jail and RM30,000 fine for posting his now iconic clown caricature of former Prime Minister Najib Razak. Upon appeal, it was later reduced to RM10,000.

Printing Presses &
Publications Act (PPPA)

In this era of smartphones and livestreams, the PPPA appears to be a relic of a bygone era, where government regulation of newspapers was an effective tool to control public opinion. Regardless, the law remains, leaving print media outlets vulnerable to the revocation of their publishing license, which encourages self-censorship.

Penalties: Up to three years in prison or a fine of up to RM20,000, or both.

Notable case: Though usually used to regulate newspapers, the government banned yellow coloured T-shirts with the word ā€œBersihā€ in 2015.

Sedition Act

This infamous law was originally enacted by colonial British government in 1948 to silence opposition to colonial rule but remains as a tool to clamp down on dissent more than 60 years after independence. The Sedition Act doesnā€™t require proof of intent and the law also gives powers for the police to arrest any person without a warrant.

Penalties: For the first offence, a fine of up to RM5,000 or three years in prison or both can be imposed, while subsequent offences can be punished by up to five years in prison. Anyone possessing what is deemed a seditious publication can face up to RM2,000 fine or imprisonment up to 18 months or both. For subsequent offences, up to three years in prison can be imposed.

Notable case: Zunar has faced many investigations for his political cartoons but it was his tweets in response to the guilty verdict in then-Opposition leader Anwar Ibrahimā€™s trial in 2015 that saw him charged with nine counts of Sedition, facing up to 43 years in prison. The case was dropped in 2018 after the change in government.

Film Censorship Act

Like the PPPA, the Film Censorship Act seems like a relic from a bygone era in an age of YouTube and TikTok, but it remains a useful tool for controlling speech and popular culture. Local productions and films screened publicly remain under the control of this law, which also gives absolute power to the Minister of Communications to appoint members of the censorship board.

Penalties: Up to three years in prison or up to RM30,000 or both.

Notable case: For organising a 2013 screening of the documentary ā€œNo Fire Zone: The Killing Fields Of Sri Lanka,ā€ Lena Hendry was ultimately fined RM10,000 after more than four years of court proceedings.

Others

The penal code defines most major criminal offences such as murder and armed robbery, but Section 298 and 298A criminalises speech that is offensive towards any religion. Its broad interpretation makes the law ripe for abuse. In 2015, a presenter on news outlet BFM was investigated over a video criticising proposed amendments to hudud law in Kelantan, while Malaysiakini was investigated in 2012 for a readerā€™s letter it published.

Penalties: Up to five years in prison

Notable case: Musician Namewee was investigated and held overnight for his 2018 Chinese New Year-themed music video ā€œLike A Dog,ā€ which featured performers wearing dog masks dancing in Putrajaya.

Presented as a democratic reform by the government in 2011, the PAA was instead met with protests, including a demonstration by the Bar Council and a walkout in Parliament by the opposition. The law imposes significant restrictions on street protests and only permitted gatherings in designated places like stadiums and public halls. A notice of 10 days (since amended to five) was also required.

Penalties: Up to RM10,000 fine.

Notable case: Then a member of the Selangor state legislature, Nik Nazmi Nik Ahmad was not only the first person to ever be charged under the PAA, he was charged twice for the same offence, organising the massive post-elections protest in 2013, ā€œBlackout 505.ā€ The government charged Nik Nazmi again after the Court of Appeal declared a section of the law unconstitutional. He was eventually fined RM1,500, but successfully sued the former Attorney-General for ā€œmalicious intent.ā€

Although it is another Malaysian law with British roots, the OSA was only adopted in 1972, long after independent Malaysia was formed. The OSA has been used to conceal everything from sex crime statistics to the inspector-general of policeā€™s standing orders, which details how matters like arrests are made, treatment of detainees, as well as how and when a policeman can use his weapon. The law also allows for arrests without a warrant, and shifts the burden of proof to the accused, not the prosecution.

Penalties: While it provides for life imprisonment for espionage, most offences under the OSA are punishable by up to seven years imprisonment.

Notable case: From 1997 to 2005, the air pollution index (API) was classified under the OSA. At a time when the country was facing multiple severe transboundary haze crises. Malaysians had no right to know the quality of air they were breathing in because the government was worried it would ā€œscare away tourists.ā€

The 2012 law criminalises ā€œactivity detrimental to parliamentary democracy,ā€ but ironically in recent years has been mostly used against activity integral to democracy, such as protests and opposition.

Penalties: Imprisonment up to 20 years.

Notable case: In 2015, 17 protestors, almost all students, were arrested and investigated under this law following a demonstration against then Prime Minister Najib Razak outside Parliament. ā€œForcing someone to resign through street demonstrations is illegal,ā€ the police said.

ā€œObstructing any public servant from discharging their duties,ā€ is so broadly defined that this law has been used against those refusing to comply with the MCO or for simply questioning the conduct of authorities. For instance, in 2019, a man who confronted local council officers over the manner they were treating a stray dog was charged under this law.

Penalties: Up to two years in prison or RM10,000 fine or both.

Notable case: Lawyer Siti Kasim was charged under this law after she challenged religious authorities to produce a warrant during a 2016 raid on a fundraising dinner for transgender women.

Whoever makes, publishes or circulates any statement, rumour or report with intent to cause, or which is likely to cause fear or alarm to the public, or to any section of the public where by any person may be induced to commit an offence.

Penalties: Up to two years in prison and/or a fine of unspecified amount.

Notable case: Minister Ismail Sabri was probed under this law in 2015 after he called for Malays to boycott Chinese traders who do not reduce the prices of goods.

Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment for a term which may extend to two years or with fine or with both.

Penalties: Up to two years in prison and/or a fine of unspecified amount.

Notable case: Student Wong Yan Ke was charged under this law in 2019 after he protested a Universiti Malaya vice-chancellor for his involvement in the Malay Dignity Congress.

Internet users in Malaysia went ā€œdarkā€ in protest when the Najib administration introduced this law, which assumes a person is responsible for all content on their website, including comments on your blog or social media page. The burden of proof is placed on the accused, who has to prove they did not publish said content.

Penalties: Section 114A is not a punitive law, but rather, allows presumptions to be made in cases involving online content.

Notable case: The prosecution cited this law in the 2020 contempt of court charge against Malaysiakini, pinning the responsibility of readersā€™ comments on the publisher.

This obscure, administrative act received sudden attention in 2020 when a minister unwittingly claimed international news outlet Al Jazeera violated this law by filming without a licence, which he claimed applies to social media output too. The government would later backtrack, but the arbitrary using of laws to silence criticism remains a threat.

Penalties: A fine up to RM50,000 and/or up to two years in prison.

Notable case: News outlet Al Jazeera was investigated under this law after it broadcast a report on Malaysiaā€™s treatment of migrants under COVID-19 lockdown.

This law criminalises words or behaviour that is abusive or insulting, but it has also been used against legitimate protest or criticism of public figures.

Penalties: Up to RM100 fine

Notable case: For dropping yellow balloons with words like ā€œdemocracyā€ and ā€œjusticeā€ onto an event attended by then-Prime Minister Najib Razak, activist Bilqis Hijjas had to endure three years of court cases before a change in government led to the prosecution to drop its repeated appeals.

Though this law, which allows for indefinite detention without trial, was repealed in 2012, it lives on in spirit in its replacement Security Offences (Special Measures) Act. The ISA was a continuation of colonial era laws introduced in 1948, and was instrumental in instilling a culture of fear and self-censorship among Malaysians.

Penalties: Individuals can be detained without trial for up to two years, but this can renewed indefinitely.

Notable case: Shamsudin Bin Sulaiman, who was allegedly a member of a militant group, was held in solitary confinement for over eight years under the ISA before he was released in 2010. He was never tried in court.

The replacement for the ISA was presented as necessary for terrorism related offences, but it has also been employed against political opponents, most notably then-Bersih chairperson Maria Chin, who was blindfolded and held in an undisclosed location.

Penalties: As with the ISA, it allows for detention without trial, and gives powers to the police to detain suspects incommunicado for the first 48 hours, denying access to lawyers and family members. The police can extend the detention up to 28 days.

Notable case: After they made police reports alleging wrongdoing in 1MDB, former UMNO leader Khairuddin Abu Hassan and his lawyer Matthias Chang was arrested under SOSMA in 2016, but the courts ultimately rejected use of the law as it did not believe the allegations of sabotaging financial institutions to be an offence under SOSMA.

Article 10 of the Federal Constitution: Freedom of speech, assembly and association

Article 10. (1) Subject to Clauses (2), (3) and (4)ā€”

(a) every citizen has the right to freedom of speech and expression;

(b) all citizens have the right to assemble peaceably and without arms;

(c) all citizens have the right to form associations.ā€

Malaysians are guaranteed these rights under the countryā€™s federal constitution, the supreme law of the land. Yet, a variety of laws denying Malaysians these fundamental rights continue to exist, and the government continues to use them to silence our voices and create a climate of fear.

(Full text of the Federal Constitution here)

INTERNATIONAL HUMAN RIGHTS LAW

Article 19 of the Universal Declaration of Human Rights:

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Article 19 of the International Covenant on Civil and Political Rights
1. Everyone shall have the right to hold opinions without interference.2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.
3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:
(a) For respect of the rights or reputations of others;
(b) For the protection of national security or of public order (ordre public), or of public health or morals.

ASEAN Human Rights Declaration

There is no established regional human rights body for Asia. However, the ten countries of the Association of Southeast Asian Nations (ASEAN) formally established the ASEAN Intergovernmental Commission on Human Rights (AICHR) on 23 October 2009, during the 15th ASEAN Summit. The group also adopted a Human Rights Declaration, which guarantees freedom of expression as follows:

23. Every person has the right to freedom of opinion and expression, including freedom to hold opinions without interference and to seek, receive and impart information, whether orally, in writing or through any other medium of that personā€™s choice.

AMNESTY INTERNATIONAL MALAYSIA’S RECOMMENDATIONS

Ā·Ā Ā Ā Ā Ā Ā Ā  Repeal the 1948 Sedition Act and repeal or amend other laws which arbitrarily restrict the right to freedom of expression, including the Communication and Multimedia Act and the Printing Presses and Publications Act, to ensure that they are in line with international human rights law and standards;

Ā·Ā Ā Ā Ā Ā Ā Ā  Ratify and implement in law, policy and practice the International Covenant on Civil and Political Rights and other human rights treaties at the earliest opportunity;

Ā·Ā Ā Ā Ā Ā Ā Ā  Review or amend the Peaceful Assembly Act, Penal Code, and other excessively restrictive laws to allow for peaceful protests without arbitrary restrictions;

Ā·Ā Ā Ā Ā Ā Ā Ā  Facilitate the exercise of the right to peaceful assembly to all people in Malaysia, without discrimination.

CASE STUDIES

resources

Online Course: Freedom of Expression - A Fundamental Right

Amnesty International

Online Course: Speaking out for Freedom of Expression

Amnesty International

Online Course: Freedom of Expression - A Fundamental Right

R.AGE

Online Course: Freedom of Expression - A Fundamental Right

Amnesty International Malaysia

Online Course: Freedom of Expression - A Fundamental Right

KRYSS

Online Course: Freedom of Expression - A Fundamental Right

Electronic Frontier Foundation

Online Course: Freedom of Expression - A Fundamental Right

OONI

Online Course: Freedom of Expression - A Fundamental Right

OONI

Online Course: Freedom of Expression - A Fundamental Right

SINAR PROJECT

Online Course: Freedom of Expression - A Fundamental Right

QUEER LAPIS

Online Course: Freedom of Expression - A Fundamental Right

MyArtMemory Project

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Amnesty International

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