PERIKATAN Nasional (PN) is using the threat of police investigation and defamation suits to silence dissent, said activists, adding such action no longer scares them.

They told The Malaysian Insight (TMI) that Putrajaya has failed to realise that its repeated threat to take action against those who voice opposing views goes against their fundamental rights enshrined in the Federal Constitution.

Suaram executive director Sevan Doraisamy said this is an active effort to silence the dissenters, but this is also against their right to freely express dissatisfaction, comment and criticise the government’s bad practices.

“People are more aware of the need to criticise the bad policies and practices more than ever and the more you suppress them, the more people will rebel,” Sevan told TMI.

“Especially now, when the government should focus on curbing the Covid-19 pandemic rather than using its resources to target the dissenters.”

He said the people want transparency and effective action and if the government fails to deliver, then it is exposed to criticism.

“That is the power dynamic, and if people call the government “Kerajaan Gagal” then PN should take it as people’s view and not divert the real issue by using enforcement,” Sevan said.

Bersih 2.0 chairman Thomas Fann, meanwhile, said the government’s continued crackdown and harassment will only provoke the anger of the people.

“Discontent in a time of economic hardship and political flux is normal and people’s right to express themselves peacefully is protected under the federal constitution. The government and the police should respect that right,” he said.

Fann added that the government’s disproportionately high-handed response is due to its own insecurity.

“Given that there is rising discontent among many people due to the impact of prolonged lockdown, the government is probably feeling insecure when there are protests especially with the hashtag #KerajaanGagal.”

Malaysia’s crackdown on critical voices and opposition politicians has also drawn the attention of Southeast Asian lawmakers who are calling on Putrajaya to end such intimidation tactics.

“Peacefully demonstrating and voicing opinions should never be a crime, and the rate at which authorities are targeting those merely discussing issues of public interest is a matter of considerable concern.

“Basic freedoms have come increasingly under attack since Prime Minister Muhyiddin Yassin’s government came to power last year through backdoor manoeuvring, and this latest wave of investigations and harassment clearly aims to silence political opponents and all forms of dissent,” said Carlos Zarate, a Philippine lawmaker and a member of Asean Parliamentarians for Human Rights.

Petaling Jaya lawmaker Maria Chin Abdullah said the threat of investigations and defamation suits seems to be the trend used by authorities to silence activists, opposition politicians and the media.

“I’m very disappointed that this government had resorted to such tactics. When they took over, they said they had reformed, but nothing of that sort.

“They have literally killed democracy by calling the emergency, (having) no parliament sitting, not even at the state level, then you go after politicians, activists and the media. Where is democracy now?” she asked.

The former Bersih 2.0 chairman added that the police’s actions of threatening to sue the media over news reports is an attempt to suppress the freedom of expression.

“Their actions have gone overboard, allowing the police to sue the media is an attempt to suppress the freedom of expression and create this atmosphere of fear. This is not the way.

“This is an expression, if you don’t like it, you explain. You don’t go for defamation suits, arrests or investigation. Just explain to people what is your point of view, that’s what democracy is all about,” she said.

Maria, however, said the threat of investigation or defamation will not stop people from commenting on important issues.

Most recently, Gombak police chief Arifai Tarawe had threatened to sue news outlet Free Malaysia Today for RM10 million for two articles he claims are libellous and have tarnished his image.

Last month, Umno president Ahmad Zahid Hamidi filed a defamation lawsuit against media outlet Malaysiakini to seek RM220 million in compensation over the publishing of news reports on his corruption trial and its readers’ comments about him.

In its annual world press freedom index last month, Reporters Without Borders downgraded Malaysia to 119, from 101 a year earlier.

In March, the government also gazetted the Emergency (Essential Powers) (No. 2) Ordinance 2021 on fake news as a short-term remedy to address false information on Covid-19 and the emergency proclamation. As of May 5, police have opened 12 investigation papers in connection with the circulation of fake news on Covid-19.

Among those called up by police recently were:

“Buka puasa, buka Parlimen” sit-in protest
Around 90 participants of a sit-in protest in front of the Parliament where participants broke their fast together for Ramadan were called in to be investigated under Section 9 (5) of the Peaceful Assembly Act 2021 for not applying for a permit to hold the event.

Parti Pejuang Tanah Air president Mukhriz Mahathir, Muda secretary-general Amir Abdul Hadi, Federal Territories Amanah Youth chief Asmaalif Abdul Adam, Pejuang’s Khairuddin Abu Hassan, Paloh assemblyman Sheikh Umar Bagharib Ali, Kampung Tunku assemblyman Lim Yi Wei, Parti Sosialis Malaysia committee member Sharan Raj, and Undi18 founder Tharma Pillai were also present at the sit in.

They were also called in to give their statements over the gathering that called for an end to the Emergency.

Syed Saddiq Syed Abdul Rahman quizzed over a video on Instagram
Muar MP Syed Saddiq Syed Abdul Rahman was quizzed over a video titled #JusticeforGanapathy which he posted on Instagram.

In the video, Syed Saddiq had urged the government to set up the Independent Police Complaints of Misconduct Commission (IPCMC) after the death of A. Ganapathy in police custody. 

Graphic artist Fahmi Reza
Graphic designer Mohd Fahmi Reza Mohd Zarin was held overnight by Dang Wangi police on April 24 to help investigations over a playlist called “Dengki Ke” that he had compiled on the Spotify app.

The playlist was in relation to a comment made by the Raja Permaisuri Agong on Instagram.

Following his release on April 30, he was once again called up by Kajang and Sepang police to give his statement over two different social media postings.

The first posting was a modification of the Universiti Kebangsaan Malaysia logo, while the other was an artist’s impression of Health Minister Dr Adham Baba.

Lembah Pantai lawmaker Fahmi Fadzil
PKR’s Lembah Pantai MP Fahmi Fadzil, who participated in a solidarity gathering outside Dang Wangi police station on April 24, following Fahmi Reza’s arrest for sedition was called by the police to have his statement taken over his presence.

Cartoonist Zunar
Zulkiflee Anwar Alhaque, more popularly known as Zunar, was probed under Section 505 (c) of the Penal Code for making statements conducive to public mischief with intent to incite the community to cause them to commit an offence against any other communities, and also under Section 233 of the Communications and Multimedia Act 1998 for abuse of network services.

It was in relation to a cartoon he drew in January related to a decision by the Kedah government to cancel a holiday to mark Thaipusam.

It showed Menteri Besar Muhammad Sanusi Md Nor using a meat cleaver to smash a table where people from different races were sitting.

Undi-18 protestors
Eight individuals including former federal territories minister Khalid Abdul Samad and Ketari assemblywoman Young Syefura Othman had their statements recorded in connection to the Undi-18 rally held in front of the Parliament building.

They were being investigated under Regulation 11, Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (Conditional Movement Control) (No. 4) 2021, he said, adding that the rally was also being investigated under Section 9 (5) of the Peaceful Assembly Act 2012 for holding an assembly without notice. – May 26, 2021.