KUALA LUMPUR, MALAYSIA — Lawyers For Liberty (LFL), human rights and law reform NGO said it is unacceptable for Malaysia’s new government, which promised reform, to immediately call for police action against critics of Prime Minister Anwar Ibrahim.
“The Prime Minister holds no special status at law, and cannot lawfully call on the police to defend his reputation.”
In the statement released today (30 Nov), LFL added that It would be an abuse of power for the PM to order police investigations into people who make accusations against him, as he is an interested party.
“Will citizens feel afraid now to criticise the PM?”, LFL questioned.
LFL warned that it will be a slippery slope towards authoritarianism if the police initiate criminal investigations into every accusation or insult to the Prime Minister.
On 28 November, Fahmi Fadzil, Pakatan Harapan (PH) communications director confirmed that Prime Minister Anwar Ibrahim has directed the police to take action against anyone spreading slanderous statements against the PM.
Fahmi claimed that some allegations included accusing Anwar of being an Israeli agent.
“Anwar has no intention to take action against those who criticise (him or Pakatan Harapan), but we draw the line at slander and accusations of being an Israeli agent, ” Fahmi said.
LFL said Anwar should file defamation suit if he feels aggrieved
LFL stressed that like all other citizens, Anwar should file a defamation suit in a civil court if he feels aggrieved by adverse comments.
The job of the police is to prevent crime, not to protect the PM from insult or criticism, said LFL.
“Anwar Ibrahim and other leaders of Pakatan Harapan need no reminder on the illegality and dangers of using police powers to defend the Prime Minister from insult or criticism. ”
LFL recalled that PH was at the receiving end of this type of police action when Najib Razak was PM, particularly in relation to the 1MDB saga.
“Indeed, PH had always taken the position that it is untenable for the Prime Minister to use the police force to silence critics.”
LFL: PH Once Promised To Repeal Section 233 Of The Communications And Multimedia Act
Hassan Saad, PAS (Malaysian Islamic Party) MP for Baling has been hauled up for police questioning for allegedly saying that Anwar was an Israeli agent.
He is being investigated among others under section 233 of the Communications and Multimedia Act.
“This even goes against Harapan’s own promise in its manifesto to repeal section 233. The fact that the police probe is apparently at Anwar’s behest is inappropriate and potentially unlawful.”
The NGO asserted that police intervention can only be justified where offenders make statements which incite harm, violence or injury to the public.
“In a functioning democracy, police action cannot be taken against politicians or critics for issuing objectionable or insulting or false statements against anyone, including the PM.”
LFL calls upon the new government and Prime Minister to uphold their promise of reform in the GE-15 manifesto and halt all investigations on critics of the Prime Minister.
“This new coalition government must avoid the pitfalls and excesses of previous governments if they truly want to empower free speech and a robust democratic culture, ” the statement said.
“No matter how objectionable or insulting the speech may be, criminal action cannot be the response. That is how we foster a healthy democracy.”
