Free speech dying in Malaysia

The penal code carries several sections for criminal defamation. Although media outlets benefit from some protection, if they can prove facts reported are correct, and published without malice, bloggers are not afforded this protection. Statements intended to cause “fear and alarm to the public”, or “commit an offense against the state or public tranquility” are criminally punishable. A journalist Wan Noor Hayatiwho criticized the government on Facebook for allowing a Chinese cruise ship to dock in Malaysia during the Covid-19 pandemic, was charged under the penal code.

Proclamation of an emergency by the King, widely perceived as a subterfuge to keep the current government in power, has re-criminalized the circulation of what the government perceives as fake news. Thus, it has the power to impose its own version of the truth.

The Printing Press and Publishers Act (PPA) is being used to limit the circulation of newspapers, and suspend their publication. A recent book, “Rebirth: Reformasi, Resistance and Hope in New Malaysia,” published by GerakBudaya in Kuala Lumpur was banned last year. Police raided the publisher’s offices, seizing copies of the book. Even though, most of the chapters had previously been published as articles in 2018 without issue, and the cover was a painting produced back in 2014, deputy director of Criminal Investigation Mior Faridalathrash Wahid claimed some articles within the book were considered seditious.  

Politicians, police and other authorities regularly use intimidation and threatsto sue journalists under civil defamation laws to silence critics. A retiree, Abdullah Sani Ahmad was fined RM2,00 last year, for criticizing the health minister. Last year, the director-general of immigration Khairul Dzaimee warned that foreigners living within Malaysia who criticize the governmentwill have their visas revoked and be deported. When the Asia Sentinel exposed corruption within JAKIM over Halal certification, then deputy minister for religious affairs Fuziah Salleh attacked the credibility of the online news portal, rather than investigate the allegations.

The police and the communications ministry actively monitor both media and social media, particularly for insults against Islam and royalty. This was confirmed by former Pakatan Harapan minister for Religious affairs Mujahid Yusof Rawa, who publicly announcedthat a special unit has been established to monitor social media content to find insults to Islam. Authorities collaborate with mobile telecommunication companies to intercept and monitor online and mobile communications, such as “Whatsapp” groups.

Much of this is undertaken without warrants, using the Security Offenses (Special Measures) Act 2012. It has been documentedthat Malaysia is in possession of servers and software that are capable to stealing passwords, tapping internet calls and intercepting messages. The government also purchased from Israela system that can eavesdrop on telephones, monitor emails, and hack into apps.

The forced closure in 2016 of The Malaysian Edge after the online news portal reported on the 1MDB financial scandal has forced most online new portals to practice self-censorship. News reports and Op Eds are scrutinized for comments on “sensitive” issues and are either not posted or edited. A longtime social activist and writer, Mariam Mokhtar, told Asia Sentinel that it has been getting very difficult to publish with online news portals. Educator and columnist Dr Azly Rahman, who has been commenting on the state of Malaysian political and educational affairs, had his position as a columnist with Malaysiakini terminated after editorial censorship and removal of one of his columns.

In today’s online media there are more Op Eds and editorials by officials using pen-names to push government lines. Online news portals are sometimes used by government to attack critics without critics having the opportunity to reply.

In-depth investigative journalism is quickly disappearing. There are still some good original investigative articles coming out occasionally, New Straits Times, Cilisos, and Malaysiakini has shown that. Most journalists today lack brave peers and inspiring mentors. Journalists are treated as second class professionals, with politicians, royalty, the bureaucracy, and associations trying to cultivate and buy their loyalty. Favorable press often pays well.

Good investigative journalism is hindered by the Official Secrets Act, under which almost anything from a civil servant can be deemed a state secret and open to prosecution. Whistleblowers can be prosecuted for theft, charged under the OSA, or even harmed ex-judicially.

Freedom of speech is also suppressed institutionally. Academics at Malaysian public universities must obtain permission to appear on media, especially on social and political issues. Some commentators from public universities subtly follow the Ketuanan Melayu line in disguise. Television and radio stations are owned by those allied with government, and program managers are very selective about the guests they invite for appearances in interviews, panels and other discussion programs.

A Wikileaks release of a US cable, written in 2007, revealed that Malaysia’s premier think tanks, the Institute of Strategic and International Studies (ISIS), the Malaysia Institute for Economic Research (MIER), and the Asian Strategic and Leadership institute (ASLI) are all funded, owned and influenced by the governing political parties, especially UMNO. They a major role in forming policy, drafting legislation, government committee staff appointments and influencing public opinion.

Through clandestine means, the government directly influences public opinion, with direct intervention into social media. Many sock puppet social media pages and identities exist. These accounts through Facebook, Instagram, Twitter, and YouTube, are run both by government and political parties. They act both as influencers and to attack those who peddle unwanted views. Some activities are outsourced overseas. Bot accounts are used to attack articles that criticize the government. 

A number of political blogs are fronts for the government and governing parties to push particular narratives with the objective of defining what is politically correct. The range of sensitive issues is being dramatically widened to include social issues like LGBT, teenage pregnancy, sexual abuse, drug addiction and abortion. Dissent is being suppressed against both the monarchy and government. With a government that could fall within days of the cessation of the emergency, the situation is not likely to improve any time soon.