LAWYERS for Liberty (LFL) has slammed the police for arresting an auxiliary policewoman for allegedly making an insulting remark about Prime Minister Anwar Ibrahim on Facebook.

LFL director Zaid Malek said crude or offensive remarks are not acts that warrant criminal investigation.

“Despite the change in government that was promised to usher in an era of reform, the police are still scouring social media sites and making reports against citizens on random posts or comments that purportedly disparage or insult the government or those who are in power,” Zaid said in a statement.

“In a democracy, crude or offensive remarks are not acts that warrant criminal investigations.

“The bar for police action would be if the offending speech may cause direct or imminent physical harm to any individual or a group of people or if it would seriously threaten public order.”

On Thursday, Johor police arrested the 39-year-old suspect in Endau, Mersing at 10.58pm on the same night the report was lodged.

Johor police chief  Kamarul Zaman Mamat said the case was being investigated under section 504 of the penal code for intentional insult, section 233 of the Communications and Multimedia Act 1998 for misuse of network facilities and section 14 of the Minor Offences Act 1955 for insulting behaviour likely to cause a breach of the peace.

The arrest was made following a report lodged by a senior police officer who supposedly came across the comment made by the woman on Facebook.

Zaid said the prime minister, ministers or the government held no special position in law, nor can any insult to their reputations fall under the “public order or morality” exception.

“If insults or crude remarks against government leaders are made criminal, this would pave the way to dictatorship; it would be the death of democracy,” he said.

“The right to freedom of speech under article 10(1)(a) of the Federal Constitution is a sacrosanct right that cannot be restricted, save for the exceptions of public order or security or morality spelt out in article 10(2)(a). Insults to the government, ministers or politicians do not fall within any of those exceptions.”

He also reminded the government of its promise to reform and repeal section 233(1)(a) of the Communication and Multimedia Act and other similar laws that arbitrarily criminalises the exercise of free speech.

“A government dedicated to reform must respect the fundamental liberties enshrined in the Constitution,” he said.

“Other provisions of the law such as section 504 of the penal code cannot be used to criminalise mere insults upon government leaders.

“Therefore, there must be an immediate halt to all wasteful and oppressive investigations upon citizens who allegedly insult the prime minister or other government leaders.” – October 1, 2023.