Malaysian graphic artist, Fahmi Reza — well-known for his satirical cartoons and graphic art of politicians — has been summoned for questioning by the police in relation to two postings containing his illustrations,
On Tuesday (9 Mar), he tweeted a picture of a letter issued by the police, showing that he is required to be present at Putrajaya district headquarters at 11 am today.
“According to the letter, I will be investigated under Section 233 of the Communications and Multimedia Act a.k.a. #HurtFeelingsAct,” he said.
Aku terima notis dari Pejabat Siasatan Jenayah, IPD Putrajaya untuk bagi keterangan pasal 2 kes polis berkaitan dengan 2 posting/grafik aku di media sosial, jam 11 pagi esok. Menurut polis, aku disiasat bawah Seksyen 233 Akta Komunikasi dan Multimedia a.k.a. #AktaSakitHati. pic.twitter.com/l4tdnpB7an
— Fahmi Reza (@kuasasiswa) March 9, 2021
Putrajaya district police chief Assistant Commissioner Mohd Fadzil Ali told Malay Mail that the investigations pertain to a tweet made in October last year containing a caricature of a figure allegedly resembling Dr Adham.
Captioned as “Please find a missing minister!” in block letters, the tweet showed a caricature with the minister’s nametag, likely satirising Dr Adham’s “absence” from the public eye with regards to the government’s efforts in combating COVID-19.
TOLONG CARI MENTERI HILANG! pic.twitter.com/GtQllFBzYt
— Fahmi Reza (@kuasasiswa) October 3, 2020
“The order under Section 111 of the Criminal Procedure Code was issued by the investigating officer to have statements of witnesses recorded,” he said.
“It is for a case which is being investigated under Section 500 of the Penal Code, and Section 233 of the Communications and Multimedia Act, related to a post that contained slander against the Ministry of Health (MOH),” he told Malay Mail.
Mohd Fadzil added that the investigation was sparked by a total of two police reports lodged by MOH officials in October against the artist after he uploaded the post.
In a later Tweet, Fahmi highlighted that this is not the first time he was being summoned by the police under the same Act.
In 2018, he was sentenced to a month’s jail and fined RM30,000 by the court over a post he made in 2016.
He then went on to request his followers to follow his alternative Twitter account, in case his main account is seized by the authorities to “collect evidence”.
Kerana aku disiasat bawah Akta Komunikasi & Multimedia, polis & pegawai SKMM ada kuasa utk rampas akaun media sosial aku atas alasan utk kumpul bahan bukti. Jika perkara ni berlaku esok, sila follow akaun back-up aku @fahmirezaKL utk updates pasal kes aku.https://t.co/tKn80hTqN3
— Fahmi Reza (@kuasasiswa) March 9, 2021
The graphic designer stood his ground, saying that he will never take down his art no matter how many police reports are made against him.
He pointed out that “freedom of speech” is a right for the people and it should be protected.
Tak kira berapa banyak repot polis yang kamu buat, tak kira berapa banyak kali polis nak siasat, aku tak akan padamkan mana-mana posting atau karya grafik satira di socmed aku yang mengkritik penguasa. Kebebasan berekspresi adalah hak kita sebagai rakyat & perlu kita pertahankan.
— Fahmi Reza (@kuasasiswa) March 9, 2021
Human rights organisation ARTICLE 19 responded to the matter, urging the authorities to “stop intimidation” and went on to criticise the CMA act, labelling it as “abusive” and restrictive on the freedom of expression.
Stop this intimidation! Section 233 of CMA is abusive and restrict freedom of expression! #AktaSakitHati https://t.co/jIy0Q8HMha
— ARTICLE 19 (Malaysia) (@Article19Msia) March 9, 2021
Malaysia’s fundamental rights in decline: ARTICLE 19
In a joint report with CIVICUS on 4 March, ARTICLE 19 condemned the Perikatan Nasional (PN) government, stating that it has undermined and obstructed the exercise of fundamental freedoms during its first twelve months in power.
They said the government, under the leadership of Prime Minister Muhyiddin Yassin, has not only failed to reform or repeal laws that restrict the rights to freedom of expression, peaceful assembly, and association, but has initiated baseless criminal proceedings against government critics, human rights defenders, journalists, and individuals expressing critical opinions.
They urged the Malaysian government to undertake a comprehensive and inclusive process of legislative and institutional reform in order to promote and protect fundamental rights and freedoms.
“Malaysia’s reform process must be informed by relevant international human rights standards and the PN government should take concrete steps towards the ratification of core human rights treaties, including the International Covenant on Civil and Political Rights,” the organisations reminded.
