THE day Malaysians stop talking and expressing their views is the day the country will die, outspoken lawyer Siti Zabedah Kasim said, following the arrest and questioning of social activist Sarajun Hoda Abdul Hassan two nights ago.

If Malaysians keep quiet, people will not know where the country is headed, and there will be no check and balance on those in power, added Siti Kasim, who is also a human rights activist.

“In a mature developed society, whatever one says should only be governed by considerations of libel or slander and even that should be predicated by malicious intent. Other than that, freedom of speech should prevail,” she told The Malaysian Insight. 

Siti Kasim was among the activists gathered outside the Dang Wangi police headquarters in Kuala Lumpur when Sarajun Hoda was released after midnight yesterday.

Sarajun, an Aliran member and former Bersih 2.0 deputy chairman, was arrested on Monday evening over a Facebook post he put up last July.

He told The Malaysian Insight that the “offensive” posting was on the issue of tauliah, where a religious leader or a mufti must get the approval of the state religious department before giving any sermon in mosques.

He is being investigated under Section 298 of the Penal Code which makes it illegal to utter words that could hurt the religious feelings of another person, and also Section 233 of the Malaysian Communications and Multimedia Act, which states it is an offence to use network services to transmit any communication that is deemed offensive.

Siti Kasim said a nation would only progress if people are able to speak out without fear or favour.

“Most of the Malay groups are extra sensitive. So, when comments are made they will go and lodge police reports. 

“It is like a trend. This group of Islamists who lodge police reports are against people who are not in line with their thinking.”

Siti Kasim said she could not say whether Sarajun Hoda’s arrest was a crackdown on activists ahead of the general election, adding that she did not know with certainty.

However, she added, people should continue speaking up and saying what they felt.

“We should not feel afraid if some people get upset with what we say,” said the lawyer who has been the target of attacks and has received death threats over her defence of minorities and criticism of religious extremism.

Police also need to more discerning about the complaints and reports received and assess whether they affected public safety or were criminal in nature, she added.

“If it’s merely (against someone) expressing an opinion, the authorities should be more understanding that there is freedom of expression in this country.

“There must a check and balance with what the politicians are doing. 

“As long as it is for the betterment of our country, I don’t think that there is anything wrong in expressing our opinions.”

Meanwhile, Centre to Combat Corruption and Cronyism (C4) executive director Cynthia Gabriel said she viewed the investigation into Sarajun Hoda as an attempt by internet regulator the Malaysian Communications and Multimedia Commission to narrow civic spaces.

“Freedom of speech, so long as it doesn’t boil down to hate speech must be respected, regardless of who is saying it.

“Is this to signal fear among activists and the electorate of the regime in the lead up to the elections?”

Lawyer Syahredzan Johan said he hoped it was not the government’s intent to silence activists and urged people not to be fearful when voicing their opinions.

“People should not stop exercising their rights and they should not be fearful.

“If it (police action) happens, it happens. We are not alone,” he said. – January 31, 2018.