IN fewer than 100 days since he became prime minister, Anwar Ibrahim has acted swiftly in pursuing legal action against his political opponents on the grounds of defamation.

Baling MP Hassan Saad was one of the first, during the very early days of the new government when the country was still pondering whether Umno president Ahmad Zahid Hamidi would be included in the cabinet.

Thus far, politicians that are already in the prime minister’s bad books include former prime minister Muhyiddin Yassin, Kedah Menteri Besar Muhammad Sanusi Md Nor, Gunung Semanggol assemblyman Razman Zakaria, Kuala Terengganu MP Ahmad Hashim and Pendang MP Awang Hashim.

The frequency of these libel suits has even been picked up on by Anwar’s detractors, who label him: “Bapa Saman Negara”.

Arau MP Shahidan Kassim even suggested that opposition MPs are now afraid to speak against Anwar.

We have the right to remedy, which means any individual has the right to sue to protect his or her reputation, and even the prime minister is fully entitled to that right.

However, the number of defamation suits and letter of demands that have been dished out by the prime minister is certainly an anomaly.

In fact, if there was any truth to what Shahidan has said, this will have a chilling effect on opponents and may already have started.

This will inadvertently hamper the opposition from playing its role of checking the executive for fear of legal action and, more important, discourages honest assessment of the current government.

It is important to first appreciate that however impartial the legal system, its functionality may still be susceptible to the influence of power, wealth and status.

Therefore, it would be fallacious if we are to treat a suit from a prime minister similar as we would any other defamation cases.

Even before the adjudication process begins, the suit would have already garnered the media attention and the judge would also potentially be dragged into a political atmosphere he or she would want to avoid.

Needless to say, the prime minister losing a suit is exceedingly rare given the resources, position and power that he possesses, while can always combat fake news and slander through the executive if the accusation involves the government.

Second, the defendant would face extraordinary public pressure, which might affect his or her case, particularly if he or she does not have the financial means to provide adequate legal counsel.

Anwar and Pakatan Harapan (PH) have often been sued when they were in opposition, and they have rightly criticised the then government for attacking their right to free speech.

Thus far, the government has not descended to stifling dissent through the use of draconian laws, because lawsuits are an effective muzzle.

However, it should be noted that the opposition has issued false and repulsive statements, to the point of hate speech.

For instance, Razman’s assertion that Anwar is promoting an LGBTQ agenda is plain false, and further induces hate and stigmatisation of marginalised communities.

Nevertheless, Malaysia is not a liberal country because the government can still criminalise free speech.

If the prime minister can sue his political opponents with such frequency, how long will it be before the government resorts to the Sedition Act, and the Communications and Multimedia Act, if its political fortunes turn south?

Unless this government repeals these laws, Anwar’s continued litigious behaviour is not representative of a progressive government that adheres to the principles of free speech. – February 26, 2023.

* Kenneth Cheng has always been interested in the interplay between human rights and government but more importantly he is a father of two cats, Tangyuan and Toufu. When he is not attending to his feline matters, he is most likely reading books about politics and human rights or playing video games. He is a firm believer in the dictum “power concedes nothing without a demand. It never did and it never will”.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.