The following is an ARTICLE 19 letter to the Malaysian prime minister: His Excellency Dato’ Seri Dr. Mahatir Mohamad Prime Minister Jabatan Perdana Menteri Kuala Lumpur 50502 Malaysia By fax: 00 60 3 238 3784 21 January 2000 Your Excellency ARTICLE 19, the International Centre Against Censorship, is extremely concerned by the recent charges of […]
The following is an ARTICLE 19 letter to the Malaysian prime minister:
His Excellency Dato’ Seri Dr. Mahatir Mohamad
Prime Minister
Jabatan Perdana Menteri
Kuala Lumpur 50502
Malaysia
By fax: 00 60 3 238 3784
21 January 2000
Your Excellency
ARTICLE 19, the International Centre Against Censorship, is extremely concerned by the recent charges of sedition laid against a number of individuals who have publicly expressed opinions critical of the government, or have lent support to the political opposition. We also wish to bring to your attention official harassment of the non-governmental media. These activities constitute a serious threat to freedom of expression in Malaysia.
We are particularly concerned by the charges of sedition brought on 12 January against Zulkifli Sulong, editor of opposition newspaper Harakah, and Chia Lim Thye, owner of the company that prints Harakah and formally holds the newspaper’s publishing licence. We understand that the charges relate to an article published in the newspaper on 2 August 1999, criticising the government’s handling of the ongoing trial of former Deputy Prime Minister Anwar Ibrahim. Furthermore, we wish to protest the charges of making seditious remarks which were laid against Karpal Singh on 14 January for comments he made while defending Mr Anwar in court.
The right to question the actions and motives of those who hold high public office is fundamental to freedom of expression and democracy. Restrictions on this right can only be justified in the most extreme circumstances. A charge of sedition implies a serious threat to national security. Such a threat may only justify limitations on freedom of expression in the circumstances set out in the Johannesburg Principles: National Security, Freedom of Expression and Access to Information (see note below), Principle 6 of which states that
– expression may be punished as a threat to national security only if a government can demonstrate that:
1.. the expression is intended to incite imminent violence;
2.. it is likely to incite such violence; and
3.. there is a direct and immediate connection between the expression and the likelihood or occurrence of such violence.
The alleged offences committed by the three individuals mentioned above clearly fail to meet this standard. We therefore urge your government to drop the charges immediately.
According to our information, there has also been a recent campaign of official harassment against five private newspapers including Harakah, the others being Detik, Wasilah, Tamadun and Eksklusif. According to our information, action taken against the papers has ranged from banning their sale on news-stands, attempting to limit sale to members of the party whose views they support, to warning them against “spreading rumours” or supporting opposition parties and impeding their publication on the pretext that they failed to notify staff changes to the Ministry.
Also of serious concern are indications that the Ministry of Home Affairs may refuse to renew the publishing permits of some of these newspapers.
International standards provide that registration of publications, if practised at all, should be no more than a requirement for technical details to be registered (for example, business address and company directors) and that there should be no refusal of registration on grounds other than failure to satisfy such requirements. Licensing of publications, where that involves official scrutiny of content or political affiliation, can never be regarded as legitimate.
ARTICLE 19 wishes to stress that the requirement for annual re-registration of newspapers under the 1984 Printing Presses and Publications Act is unduly onerous for publications – an annual requirement to notify changes to registered details would suffice. Furthermore, direct interference in the working of the media, such as refusal by the Ministry of Home Affairs to grant newspapers registration on the grounds of content, undermines the right of Malaysian citizens to receive a wide range of information and ideas.
We urge you to ensure that the charges of sedition against Zulkifli Sulong, Chia Lim Thye and Karpal Singh are dropped immediately. We also ask that you address the urgent need to repeal the Printing Presses and Publications Act and the law on sedition, or amend them to bring them into line with relevant international human rights law and standards.
Yours sincerely
Andrew Puddephatt
Executive Director
Note
The Johannesburg Principles were drafted in 1995 by a group of international experts. They have been endorsed by the UN Special Rapporteur on Freedom of Expression and Opinion, and are widely accepted as the appropriate international standard for national security restrictions on freedom of expression.
Recommended Action
Similar appeals can be sent to:
His Excellency Dato’ Seri Dr. Mahatir Mohamad
Prime Minister
Jabatan Perdana Menteri
Kuala Lumpur 50502
Malaysia
Fax: +60 3 238 3784
E-mail page: http://www.smpke.jpm.my/fr_fback.htm
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