THE government must not take action against people for expressing their freedom of expression, Lawyers for Liberty director Zaid Malek today.

He said the constitutionally guaranteed right of freedom of expression is strong and entrenched, and can only be limited in very limited circumstances such as when it affects national security, public order and morality.

Otherwise, the government should protect the public from unwarranted action over the legitimate exercise of their constitutional right, he said in a statement.

He was referring to the ongoing police investigation into DAP veteran Lim Kit Siang over an allegedly provocative statement that a non-Malay could be prime minister in Malaysia.

In another case, Jay Jay Dennis, who is press secretary to the Selangor menteri besar, is to be charged in court today over a post on X criticising Malacca governor Ali Rustam for using a police convoy for a family dinner.

“The action of the police on both of these instances are an affront to the constitutionally guaranteed right of freedom of expression under article 10(1)(a) of the Federal Constitution. 

“Lim Kit Siang, whose statement is accurate in accordance with the Federal Constitution was merely stating a fact when he pronounced that there is nothing that bars a non-Malay from becoming a prime minister. 

“The fact that some people have taken offence to the statement cannot justify a criminal investigation. It is nonsensical that there is a criminal offence committed for stating a fact about our constitution. 

“Hence, this is a nonsensical investigation into a non-existent crime which brings the administration of justice into mockery and disrepute,” said Zaid. 

He said that it was equally appalling that the Attorney-General’s Chambers had brought charges against Dennis for his statement questioning the conduct of a high-ranking government official. 

“The law confers no special status to anyone in government, whether a governor or a prime minister, to be protected against criticism and to criminalise such criticisms is high-handed and undemocratic. 

“Citing a constitutional fact or criticising the conduct of anyone in the government is an exercise of free speech that cannot in any way be construed to be an act that is contrary to national security, public order or morality. 

“By allowing Lim Kit Siang to be investigated and Jay Jay Dennis to be charged in court, the federal government is in direct violation of the constitution and is sending an unhealthy message that it is beyond criticism and reproach.” – December 13, 2023.