HUMAN rights group Lawyers for Liberty (LFL) today condemned Communications and Digital Minister Fahmi Fadzil for restricting freedom of speech under the guise of slander or misinformation. 

LFL director Zaid Malek said it was disturbing and unconstitutional of the minister to set himself up as the arbiter of truth. 

“This smacks of the Orwellian ‘Ministry of Truth’,” Zaid said in a statement today.

“It also appears to be a transparent attempt to justify or lay the groundwork for blocking portals or websites critical of the government.”

Zaid was responding to Fahmi’s statement that the speech and media freedoms guaranteed in Malaysia did not extend to slander and misinformation.

This was after the Malaysian Communications and Multimedia Commission (MCMC) blocked the website of TV Pertiwi, two days after the news outlet’s TikTok account was banned. 

“TV Pertiwi has been subject to a government block, which has not been denied by Fahmi,” Zaid said today.

“Slanderous or inaccurate according to whom? Is it only the government’s right to decide what is true?” 

Zaid said fake news must be countered by explanation, not criminalised.

“The right to freedom of speech is enshrined in article 10(1)(a) of the Federal Constitution and it cannot be restricted on grounds of inaccuracy. 

“The restrictions to freedom of speech allowed under article 10(2)(a) do not encompass inaccurate statements. 

“It is speech that is prejudicial to public order or security that can be restricted, and that is a high bar to fulfil. 

“If the government gets to decide what is inaccurate or slanderous, it will lead to abuse of power and jailing of political opponents.” 

Zaid said the Pakatan Harapan (PH) government in 2018 had repealed the Anti-Fake News Act as it was viewed as a threat to freedom of speech. 

Zaid said as far as slander is concerned, PH had criticised Barisan Nasional when it invoked section 500 of the Penal Code to bring politically motivated charges against the opposition.

“Now that he is in power, has Fahmi forgotten this?” Zaid said.

“In a democracy, the right thing for anyone who has been slandered to do is to file a civil suit for defamation. 

“The government, its ministers and leaders hold no special status for there to be criminal intervention or state action to counter any slander made against them. All persons are equal in this country under Article 8 of the constitution. 

“Any government that wants to restrict speech and the press to protect its own definition of truth is a frightened government afraid of criticism and losing power.”

The lawyer added that if such powers were allowed, it could essentially restrict any and all discourse on matters of public interest as the government can twist the definition of slander and inaccuracy to suit its own purposes.

“Political opponents, government detractors, activists and the general public will be unusually burdened to prove any allegations of fault against the government if this were allowed.” – August 21, 2023.