Are we all seditious? – James Chai

The Foreign Affairs Ministry said in a statement that while Malaysia upholds freedom of speech and the right to information, such freedom and right must be exercised responsibly and with accountability.

The Malaysian Insider was recently banned on the grounds of national security. No official statement has been released since then, although the ban has been confirmed by the Malaysian Communications And Multimedia Commission (MCMC) enforcement chief Zulkarnain Mohd Yasin.

But TMI was not the first. The Edge was suspended for three months for its coverage of 1Malaysia Development Berhad (1MDB), claiming that it threatened public order and national security.

UK-based portal Sarawak Report also saw its access blocked because it “violated internet laws”. Sarawak Report was responsible for the published reports and documents alleging graft and mismanagement of 1MDB. Actions against the press appear politically motivated, and this worries us.

Self professed visual activist Fahmi Reza recently released an image of the prime minister as a clown alluding to the news that the PM had been cleared of any allegation of corruption by the attorney-general. His Twitter account was promptly given a warning by the cyber police.

What was his response? His response was a parody image of #KitaSemuaPenghasut. Graphic Rebel for Protest and Activism (GRUPA) also responded by releasing a slurry of images centred around the clown theme.

One must ask the question of whether censorship is ethically justifiable. The power of visual communication can be seen through graphics by the likes of Shepard Fairey of Obey and the street art of Banksy – they  evoke powerful emotions.

Protest placards in recent years have recently been not just about what’s written on the boards, but also the attention grabbing typography and colours. This has led to a movement of visual or design activism. In fact, visual activism has the power to incite the people by providing a relatable symbol to unite under.

Fahmi has been questioned by police and MCMC just last week, investigated under Section 233 of MCMC Act and Section 504 of the Penal Code. This has attracted the US, which they come out strongly criticising the government over its crackdown on press freedom.

It even went as far as suggesting that the extent of press and internet freedom in the Southeast Asian country could affect prospects for expanded bilateral cooperation. 

Communications and Multimedia Minister Datuk Seri Dr Salleh Said Keruak responded in his blog arguing that freedom of speech is not an absolute right and claims that “In the west, the limits of freedom have been pushed beyond what we in the east can accept”.

At the same time, he also mentioned the importance of being critical, saying that “discourse and the exchanging of ideas and opinions are the foundation of advancement and learning” and we must able to differentiate between truths, half-truths, innuendoes, and lies.

So should this be his reason for the censorship; where should the line be drawn? A balance should exist between protection of an individual’s reputation and maintaining freedom of expression.

Datuk Seri Dr Salleh’s is effectively blurring the nuances between the terms “freedom of speech” and “hate speech”.

Freedom of speech is the right of people to express their opinions publicly without governmental interference, subject to the laws against libel, incitement to violence or rebellion

Hate speech, on the other hand, is speech that attacks, or insults a person or group on the basis of national origin, ethnicity, colour, religion, gender, gender identity, sexual orientation, or disability.

Hate speech is often the limit to freedom of speech, and it is condemned in many societies. However, in Malaysia, the limits according to Dr Salleh is so long as we “maintain peace and safeguard the multiracial values, norms and practices” because “we in the East have limits”.

Loads of terms are being used but not explained. To what extent does banning reports and graphics actually promote peace in Malaysia? Does stability refer to the society or the ruling party?

Does this view truly represent Eastern values, or are these the government-imposed values? What are Eastern values to begin with?

Under the Communications and Multimedia Act of 1998, the MCMC specifically referred to Sections 211 and 233 of the Act, which prohibit the provision of “content which is indecent, obscene, false, menacing, or offensive” it continued “the improper use of network facilities or network service” to temporarily block the Sarawak report.

However while both of these sections provide for fines as penalty for violating the law, it didn’t justify the act for blocking such site.

If a minister could imply that Malaysians should accept the curtailing of freedom of speech, perhaps it is not a surprise that we are looking at an unprecedented amount of media censorships in recent times.

We have, for so long tolerated repressive media controls under this regime. It is high time for the law to clearly gazette the nature of prohibited speech, for as long as it remains ambiguous, it is subject to abuse by authorities. – March 10, 2016.

* James Chai is part of Malaysian Progressives United Kingdom based in London.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insider.