Behind the Headlines: Press Freedom in Malaysia
As members of the press work on delivering scoops in the interest of the public, they struggle against tyrannical powers and repressive laws, attempting to silence them.
SUARA MANDIRI Issue #11
As we enter 2022, it is not an exaggeration to say that Malaysians are likely heaving a sigh of relief after another rollercoaster year. News headlines in 2021 paint a calamitous picture - from political antics, devastating death tolls and human rights violations, to courageous displays of solidarity and strength on the streets.
Members of the press corps have had to fight tooth and nail to report the news to the larger society amid an increasingly hostile environment for the fourth estate, characterised by draconian laws, rampant censorship, opaque institutional procedures, and blatant abuse.
Repressive laws inhibit press freedom
Journalists have struggled to navigate through repressive laws like the Sedition Act 1948, Official Secrets Act (OSA) 1972, Printing Presses and Publications Act (PPPA) 1984, Evidence Act 1950, as well as the Communications and Multimedia Act (CMA) 1998 over the past few decades. These arbitrary laws have known to engender excessive government control over publication licenses.[1]
The Malaysian government has repeatedly weaponised these ambiguous laws to shield itself from media scrutiny. Popular tactics in this vein include retrospectively correcting any published information they deem to be “false” as well as prosecuting those responsible for the publication through intimidation, expulsions, and sanctions.
For instance, in July 2015 the government of former prime minister Najib Razak banned The Edge Weekly for three months under the PPPA 1984 as the Home Ministry, responsible for regulating the permits of newspapers and printing in Malaysia, branded their coverage of the 1MDB scandal as "prejudicial or likely to be prejudicial to public order”.[2]
In March 2021, the government introduced a (now-repealed) "anti-fake news" ordinance, prescribing fines of up to RM100,000 and a three-year prison sentence for creating, publishing or circulating “fake news” related to the COVID-19 pandemic and the state of emergency.[3] The "anti-fake news" law raised many eyebrows as it was conveniently ushered into force by circumventing parliament and bypassing the check-and-balance due process under emergency powers. Besides, the law allowed the Perikatan Nasional government to impose its version of truth by failing to clarify what constituted "fake news”. Similar to other repressive media laws, this law opened doors to criminal prosecution of otherwise legitimate reporting, as well as arbitrary arrests and investigations.
In fact, the emergency decree was cited as one of the main culprits behind Malaysia's startling 18-place fall in the 2021 World Press Freedom Index, marking the most significant drop among all countries of the world.[4] The latter index is a seven-criteria assessment conducted on independence and pluralism of the media, transparency of information, legislative frameworks, self-censorship, infrastructure, and the safety and freedom of journalists.
Independent journalism under attack
Besides arbitrary laws, press freedom in Malaysia is stifled by shrinking space for independent journalism. Under the auspices of an administration sensitive to public criticism, independent news portals with alternative perspectives to the mainstream narrative frequently face repression.
As a measure to prevent non-state-owned organisations from covering significant public-interest events, certain authorities have prohibited independent journalists from attending said events. During the pandemic, the government used COVID-19 measures as a pretext to restrict media access by only allowing state-owned media or national broadcasters like RTM and Bernama to attend press conferences following high-level briefings by senior ministers.[5] This also occurred in several parliamentary sessions, state assembly sittings and nomination centres for the Sabah state elections on 12 September 2020.[6] This lack of access to official events would allow state media or state-friendly media to monopolise the news being reported and thus, only reflect the tone and messages put forth by the government without critical analysis or balanced reporting.
Further, independent news portals failing to toe the government line are often penalised with a deluge of lawsuits. Over the past two decades, hundreds of police reports have been lodged against Malaysiakini, an independent online news outlet long lodged itself firmly as an ardent critic of Malaysia’s powers-that-be. Although Malaysiakini has managed to stay afloat thanks to public support, some independent news portals were not as fortunate. Another independent news portal, The Malaysian Insider went offline on 15 March 2016 after the national regulatory body, Malaysian Communications and Multimedia Commission (MCMC), issued a block order over a report claiming the local anti-graft agency had sufficient evidence of a criminal charge against then prime minister, Najib Razak.[7] As most of the advertisers pulled out after the website was blocked, the news outlet failed to make ends meet with insufficient funding and was forced to shut down in the end.[8]
Regulation of news on digital platforms
Censorship is not limited to print publications; on the contrary, similar efforts have been ramped up in online spaces in the past two years, fuelled by the liberal invocation of Section 233 of the CMA 1998 (‘Improper Use of Network Facilities or Network Service’) against every tongue rising against the authorities.[9] Although Section 3(3) of the CMA 1998 clearly states that ‘nothing in this Act shall be construed as permitting the censorship of the Internet,’ the MCMC has historically relied on other provisions in the law, including Section 233, to conduct acts amounting to censorship in practice. For instance, the provision has been used against political cartoonist Fahmi Reza at least 4 times in 2021 alone for his satirical artwork posted online, clearly impinging upon his right to freedom of expression as an individual citizen. On a larger scale, the MCMC was also recently criticised for reportedly attempting to take down several Twitter posts critical of the current administration’s gross mishandling of the flood situation across the country.
One would be remiss not to mention yet another concerning development in relation to censorship of online news portals that took place in 2020 when the Federal Court issued a RM500,000 fine against Malaysiakini over contemptuous comments against the judiciary and the chief justice made by readers in the comment section of an online news article.[10] The controversial decision has stoked fears that other online portals might likewise be found liable for readers’ comments (and face censorship as a result) despite being mere intermediaries for the messages.
Hostility and violence against journalists
When it comes to protection for journalists to work without any fear of harassment or the need for self-censorship, it is nearly non-existent. Although Article 10(1) of the Federal Constitution[11] guarantees freedom of expression, there is room for a slew of limitations, for as long as it is capable of being veiled as in the interest of preserving national security, public order or morality and international relations. Various other challenges faced include those beyond the need for tangible security and safety, such as salary woes, health concerns amidst the COVID-19 pandemic, and lack of transparency of government information.[12]
A culture of impunity has become prevalent with attacks against journalists spreading like wildfire.[13] Promises of freedom of expression and the right to information are mere lip service. There are numerous instances of individual reporters and news outlets becoming targets of impunity. In these cases, journalists risk persecution for simply carrying out their duties to report the news honestly. In 2021 alone, journalists from Malaysiakini, Astro Awani, China Press and Free Malaysia Today were investigated for news reports published.[14]
In August 2020, Al Jazeera’s Kuala Lumpur office was raided by police and seven of their journalists were investigated after the news outlet produced an investigative documentary about the treatment of migrant workers in Malaysia during the COVID-19 lockdown. This flurry of punitive action against all those involved in the documentary started with Rayhan Kabir, the main interviewee, getting hunted down, deported back to Bangladesh, and blacklisted by the authorities from re-entering Malaysia for good. This depicts the severity of various impunity acts against journalists.[15]
Crackdowns against journalists reflect the constant repression of freedom of speech and freedom of the press in Malaysia - coverage on an immigration raid in Kuala Lumpur by a South China Morning Post journalist,[16] exposure on the alleged custodial death of A Ganapathy by two Malaysiakini journalists,[17] alleged slanderous remarks by an Astro Awani newsreader,[18] and a report on Deputy Inspector-General of Police, Datuk Seri Acryl Sani Abdullah’s remarks about an alleged rape threat a student received from a classmate covered by China Press journalists.[19] The common denominator of these cases is the imposition of the CMA 1998, the Malaysian Penal Code and the Sedition Act 1948 against those journalists.
When Pakatan Harapan was the government-of-the-day, a moratorium on the use of the Sedition Act 1948 was issued, and pursuits to amend some aspects of the CMA 1988 were demonstrated on the 2018 International Day to End Impunity for Crimes Against Journalists.[20] In order to ensure the safety and protection of journalists and reporters in Malaysia, similar measures need to be acknowledged and executed by all stakeholders. It is paramount for journalists to have access to the necessary mechanisms to protect them from incoming threats, harassment and violence perpetrated by those in power and influence within Malaysian society.
Recommended safeguards for journalistic freedom
Moving forward, it is critical to introduce safeguards and to strengthen press freedom. The most obvious place to start would be to either repeal repressive laws such as the Sedition Act 1948, PPPA 1984, OSA 1972 and CMA 1998. This would take away the legal weapons so often resorted to by the government when censoring critics.
New legislation should then be introduced to establish mechanisms that support journalists who publish fair and accurate reporting. To this end, a freedom of information (FOI) legislation should be established to define the ambit of national interest and enable journalists to request access to government-held information.
Legal protection of journalists against attacks from the state apparatus (police and the law) and politicians is sorely needed. For example, Malaysian legislators could take their cues from American “shield laws” (often enshrined in state constitutions or statutes) that provide journalists with the absolute or qualified privilege to refuse to reveal their sources could be enacted to protect them against impunity violence.[21] This privilege can be justified by the fact that there is a public interest in encouraging the disclosure of newsworthy information by journalists.[22] Moreover, the credibility of the press depends upon its actual and perceived independence, as portrayed by the little faith the Malaysian public has in certain news portals seeming to be serving governmental and private interests more.
In 2018, negotiations commenced between journalists and the Pakatan Harapan administration to establish a self-regulatory Media Council that would act as an independent watchdog regulating the industry.[23] The idea for the Council and efforts to conceptualise its functions and operational framework has been decades in the making. The Council would perform many functions that altogether serve the greater purpose of promoting press freedom: it would seek to improve media standards and ethics (which contributes to the credibility of news media organisations and controls the spread of misinformation), uphold international standards, and provide an avenue for the arbitration of public complaints about news coverage fielded from both members of the public or the government.[24]
Finally, the role of a strong union in the media space should not be underestimated in not only defending the freedom of the press but also dealing with the professional conduct of its members and maintaining high ethical standards in journalism. As of 2020, the National Union of Journalists Peninsular Malaysia has extended its membership beyond print journalists to online journalists and aims to include students as well.[25] Only when the material, social and educational welfare of members are protected and secured can they be expected to produce reporting of a certain quality.
A sobering reminder - Press freedom is more important than ever
The press in Malaysia is besieged by legal threats, governmental intimidation, online harassment, and abuse on a daily basis. Should freedom of the press continue to be suppressed, any semblance of democracy in Malaysia will erode to nothing. One shudders to imagine the abuses of power the government will become emboldened to commit if the press is rendered ineffective completely due to censorship and monopolisation.
Enshrined in Article 19 of the Universal Declaration of Human Rights, freedom of expression is a human right and the hallmark of a democratic society. It is not to be at the behest of politicians, nor should it be considered a privilege for journalists to exercise the right of every citizen to free speech. As direct participation in the decision-making process in a democracy is only by a small minority, a free press is a platform for the majority voices to be heard while acting as the people’s watchdog to keep those in power accountable.
Given the high stakes, nothing short of a wholesale reform on both legal and political fronts is needed to defend this freedom. Every entity in society has a right to a free and flourishing press, thus HAKAM Youth implores one and all to show solidarity with the journalists of Malaysia, and to pledge one’s commitment to protecting this right.
Editorial note: HAKAM Youth wishes everyone a happy new year and hopes 2022 will usher in better times and new beginnings for all Malaysians.
References:
[1] Blatt J, ‘Repressive Laws Trigger Massive Press Freedom Decline for Malaysia’ VOA News (2021) <https://www.voanews.com/a/press-freedom_repressive-laws-trigger-massive-press-freedom-decline-malaysia/6205275.html> accessed 17 December 2021.
[2] Rahim S, ‘Moves to Improve Press Freedom in Malaysia Met with Cautious Optimism’ The Guardian (26 July 2019) <https://www.theguardian.com/global-development/2019/jul/26/moves-to-improve-press-freedom-in-malaysia-met-with-cautious-optimism> accessed 17 December 2021.
[3] Blatt J, ‘Repressive Laws Trigger Massive Press Freedom Decline for Malaysia’ VOA News (2021) <https://www.voanews.com/a/press-freedom_repressive-laws-trigger-massive-press-freedom-decline-malaysia/6205275.html> accessed 17 December 2021.
[4] Murugiah S, ‘Malaysia Drops Furthest in 2021 World Press Freedom Index to 119’ The Edge Markets (2021) <https://www.theedgemarkets.com/article/malaysia-drops-furthest-2021-world-press-freedom-index-119> accessed 17 December 2021.
[5] Blatt J, ‘Repressive Laws Trigger Massive Press Freedom Decline for Malaysia’ VOA News (2021) <https://www.voanews.com/a/press-freedom_repressive-laws-trigger-massive-press-freedom-decline-malaysia/6205275.html> accessed 17 December 2021.
[6] Wathshlah Naidu, ‘Letter: CIJ Concerned over Ban on Non-Official Media in Sabah’ Malaysiakini (2020) <https://www.malaysiakini.com/letters/542421> accessed 17 December 2021.
[7] Sadiq J, ‘The Press Has Become Too Free for the Government of Malaysia’ The Guardian (2016) <https://www.theguardian.com/world/2016/mar/16/the-press-has-become-too-free-for-the-government-of-malaysia> accessed 17 December 2021.
[8] Ibid.
[9] Arumugam J, “Stop Censoring Information” Malaysiakini (2016) <https://www.malaysiakini.com/letters/331852> accessed 29 December 2021.
[10] ‘Malaysia: Conviction Of Malaysiakini A Blow To Press Freedom' <https://www.article19.org/resources/malaysia-conviction-of-malaysiakini-a-blow-to-press-freedom/> accessed 16 December 2021.
[11] Article 10(1) of the Federal Constitution of Malaysia.
[12] International Federation of Journalists, ‘Locked Down: Screws Tighten on Press Freedom in Malaysia’ (2021) <http://www.nujm.org/Malaysia_PF_Report_2021_-_Locked_down.pdf> accessed 17 December 2021.
[13] Ibid.
[14] ‘LETTER | Stop harassing the media for their reporting’ Malaysiakini (24 May 2021) <https://www.malaysiakini.com/letters/575897> accessed 17 December 2021.
[15] 'Malaysian Police Raid Al Jazeera’s Office, Seize Computers' Al Jazeera (2021) <https://www.aljazeera.com/news/2020/8/5/malaysian-police-raid-al-jazeeras-office-seize-computers> accessed 17 December 2021.
[16] Teh Athira Yusof and Kalbana Perimbanayagam, ‘Cops probing South China Morning Post reporter over migrant raid article’ New Straits Times (3 May 2020) <https://www.nst.com.my/news/nation/2020/05/589549/cops-probing-south-china-morning-post-reporter-over-migrant-raid-article> accessed 17 December 2021.
[17] ‘Ganapathy's death: Cops summon two Mkini journalists for statements’ Malaysiakini (18 May 2021) <https://www.malaysiakini.com/news/575071> accessed 17 December 2021.
[18] Rahimy Rahim, ‘Police probing newscaster over comment on RM50,000 compound, confirms Astro Awani’ The Star (1 May 2021) <https://www.thestar.com.my/news/nation/2021/05/01/police-probing-broadcast-reporter-over-comment-on-rm50000-compound-confirms-astro-awani> accessed 17 December 2021.
[19] Yiswaree Palansamy, ‘Home Ministry to summon Malaysiakini, China Press over reports on DIGP’s rape threat remark’ Malay Mail (27 April 2021) <https://www.malaymail.com/news/malaysia/2021/04/27/home-ministry-to-summon-malaysiakini-china-press-over-reports-on-digps-rape/1969918> accessed 17 December 2021.
[20] Centre for Independent Journalism, ‘Why we need to respect and protect the voices of journalists’ (2 November 2018) <https://cijmalaysia.net/why-we-need-to-respect-and-protect-the-voices-of-journalists/> accessed 17 December 2021.
[21] Jonathan Peters, 'Shield Laws and Journalist’s Privilege: The Basics Every Reporter Should Know' <https://www.cjr.org/united_states_project/journalists_privilege_shield_law_primer.php> accessed 28 December 2021.
[22] Ibid.
[23] Rahim (n 13).
[24] Centre for Independent Journalism, 'CIJ Reaffirms Its Position that the Establishment of the Media Council is to be Contingent on the Repeal of the PPPA (1984)' (2020) <https://cijmalaysia.net/cij-reaffirms-its-position-that-the-establishment-of-the-media-council-is-to-be-contingent-on-the-repeal-of-the-pppa-1984/> accessed 31 December 2021.
[25] 'Malaysia: Media Council Critical for Press Freedom' <https://www.ifj.org/es/centro-de-medios/noticias/detalle/category/press-releases/article/malaysia-media-council-critical-for-press-freedom.html> accessed 28 December 2021.