THE police arrests of two teenagers for criticising the Sijil Pelajaran Malaysia (SPM) history paper was highly disproportionate, unreasonable, and overzealous, the Malaysian Bar said. 

Its president, Karen Cheah, said as much as one may disagree with the actions of the two 18-year-olds, they were expressing thoughts of their experience on an examination.

“It surely should not have attracted a display of such disproportionate force by the police for this non-serious offence,” she said in a statement today.

Last week, two teenagers were arrested after a video of a student criticising the history paper surfaced on social media.

According to reports, Hulu Selangor district police chief Suffian Abdullah said the duo were detained to assist in an investigation after receiving a report from a teacher.

“The viral video on TikTok and Facebook showed a male student in his school uniform expressing his dissatisfaction with the SPM history paper.

“The student used vulgar words to criticise those who had set the questions and also insulted Singapore,” Suffian said in a statement.

Following backlash, police have maintained that their action was within the constraints of the law.

Cheah said that it bears reminding that the teenagers are still only secondary school students.  

“They have since apologised and expressed remorse for their behaviour, no doubt through the intimidation and traumatising experience of having been subjected to arrest and drug test by our men and women in blue, at such a young age.”

She added that the high-handed reaction by the police could potentially create antagonism and perpetuate further distrust in their institution.

This, she said, could raise the question of why resources are being spent on arresting two youths rather than pursuing actual criminals with more serious crimes.  

“The teens’ recent arrest is a manifestation of regressive conduct by the police as a show of power over persons powerless to retaliate.

“The police’s actions of subjecting the teens to unnecessary arrest and detention would only result in far-reaching negative ramifications on their emotional and mental psyches. 

“The Malaysian Bar views the correct approach to be for the students to be dealt with through their school’s disciplinary process or counselling committee, rather than through law enforcement,” said Cheah.

She said a government that prides itself on its reformist and progressive views ought to school the police towards an ability to exhibit true commitment to reasoned and proportionate actions. It should also repeal section 233 of the Communications and Multimedia Act 1998.

“Freedom of speech and expression is a mark of democracy.  The negligible behaviour of the two teenagers is an example of diversity of opinion, one that is inconsequential, even though a very small fraction of our community may not be agreeable with it.”

Cheah also urged law enforcement authorities to administer their duties proportionately and to give due consideration to the circumstances and non-severity of the event, and refrain from behaving in an excessive manner. – March 1, 2023.