The
Malaysian Bar reiterates its call for the repeal of the Printing
Presses and Publications Act 1984, and for the establishment of an
independent Media Council.
The Malaysian Bar calls
into question the recent decision by the Ministry of Home Affairs to
suspend indefinitely the publication permit of the weekly publication The Heat. No clear explanation has been given for their decision to do so.
It appears from news media reports that the decision to suspend the publication permit for The Heat
was made before the publisher had been given the right to be fully
heard pursuant to section 13B of the Printing Presses and Publications
Act 1984 or before the process of being heard had been completed.
An indefinite suspension is an oxymoron, that is, a contradiction in terms, and is effectively a revocation. The indefinite suspension of The Heat would appear to be in breach of Article 13 of the Federal Constitution, which provides that no person shall be deprived of property save in accordance with law. Article 13 does not mean merely following the written law, but adhering to the due process of the law and natural justice.
The timing and speed of such indefinite suspension by the Ministry of Home Affairs gives rise to the perception that the Government is seeking to muzzle and punish a member of the media for an article it published in its 23 to 29 Nov issue headlining a report on the alleged “big spending” of the Prime Minister.
An indefinite suspension is an oxymoron, that is, a contradiction in terms, and is effectively a revocation. The indefinite suspension of The Heat would appear to be in breach of Article 13 of the Federal Constitution, which provides that no person shall be deprived of property save in accordance with law. Article 13 does not mean merely following the written law, but adhering to the due process of the law and natural justice.
The timing and speed of such indefinite suspension by the Ministry of Home Affairs gives rise to the perception that the Government is seeking to muzzle and punish a member of the media for an article it published in its 23 to 29 Nov issue headlining a report on the alleged “big spending” of the Prime Minister.
The suspension of The Heat is an unwarranted
attack on the freedom of the press specifically, and an attack on
freedom of speech and expression generally. Action against The Heat is
merely the latest event in a long list of State actions to suppress the
press. Other instances include incidents during which the Minister of
Home Affairs harassed a Malaysiakini journalist who was asking
him questions, and threatened to shut down newspapers that reported his
speech in Malacca on the following day; and the physical assault and
abuse of media professionals by the police during the BERSIH 3.0 public
assembly in Kuala Lumpur on 28 April 2012.
A free
press is a fundamental feature of a vibrant and accountable democracy.
An independent press acts as a disseminator of information, and as a
check and balance of elected representatives and government. The
wellbeing of a democratic nation is dependent on, amongst other things, a
healthy, professional, ethical and independent press.
The
Malaysian Bar reiterates its position that the Printing Presses and
Publications Act 1984 should be repealed. It is offensive to the
constitutional right to freedom of speech and expression enshrined in
Article 10 of the Federal Constitution. It is an archaic piece of
legislation that no longer holds any relevance in a modern democracy.
The Act has been used and abused to influence, bully, intimidate,
threaten and punish the press. Such legislative and governmental
control of the press, including licensing regimes, should end. The
recent court decision against the Ministry of Home Affairs, in relation
to Malaysiakini’s application for a newspaper licence, is a reminder of this.
This
is not to say that a newspaper, or any publication (whether print or
online), is at liberty to publish anything with impunity. It is time
that Malaysia provides for independent regulation of the press media.
Complaints regarding objectionable press stories and material should be
dealt with by an independent Media Council to be established —
consisting of journalism practitioners and civil society
representatives, and with minimal or no government representation — or,
alternatively, a Media Ombudsperson. Such a Media Council or Media
Ombudsperson should be able to regulate media owners, publishers,
editors, and journalists regarding offensive content and conduct.
There
should be a clear separation between the role and purview of owners of
media, and professional journalists and management. There should be no
pressure or interference by owners of media in the management of
editorial and news content of any publication. Any breach of such
restrictions should be dealt with by the Media Council or the Media
Ombudsperson.
Additionally, the press is liable to
be held to account by the law just as any Malaysian citizen, for
example, the laws on defamation.
Malaysia needs, and Malaysians deserve, a free and independent press, as well as a press that is ethical, responsible and fair.
Christopher Leong
President
Malaysian Bar
President
Malaysian Bar
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