MALAYSIA has been aggressively clamping down on the freedom of expression through the use of legislation, most notably internet laws, said international rights group Article 19 in its country analysis of the first half of the year.

“The space for dialogue and dissent, both online and offline, is increasingly closing, most notably through the use of Section 233 of the Communications and Multimedia Act (CMA) 1998,” the organisation said in its report.

“The increased use of the CMA this year is of particular concern, and has overtaken the Sedition Act 1948 as the major obstacle to freedom of expression in Malaysia.”

Section 233 of the CMA criminalises the use of network facilities or services by a person to transmit any communication deemed offensive and could cause annoyance to another person.

The act has come under fire from civil society groups, with the Bar Council calling it a “a serious encroachment on the freedom of speech and expression”.

Article 19 said there had been frequent reports this year of cases of Section 233 of the CMA being invoked against social media users who had allegedly posted comments deemed offensive to national leaders.

In its report, the group said other provisions, such as the Sedition Act, Printing Presses and Publications Act, Penal Code, Film Censorship Act and Official Secrets Act, had also been used recently against people exercising their rights to freedom of expression.

It cited charges brought against human rights lawyer Siti Kasim in June under the Penal Code over a transgender event she had attended more than a year prior, as well as the investigations launched into three activists for their role in calling for greater transparency over the disappearance of Pastor Raymond Koh and several others.

“Human rights defenders regularly face harassment, arrest and criminal charges due to their work, particularly when defending the right to freedom of expression in Malaysia.”

The report noted that media freedom was constantly undermined by restrictive laws, which were regularly invoked to harass journalists and media organisations.

The group called for all charges against human rights activists and members of the media to be dropped, and the repeal of restrictive legislation. – August 23, 2017.