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Lawyers for Liberty (LFL) refers to the recent statement by the Malaysian Communications and Multimedia Commission (MCMC) that it is investigating members of the public for making alleged “offensive comments” on social media in relation to the parliamentary session.
The commission claims this is to “curb the widespread phenomenon of cyberbullying in society”.
Any reasonable person can see that it is far-fetched, illogical and absurd to connect cyber-bullying with comments made about Parliament. Parliament is a public institution. It cannot be cyber-bullied.
Who then is being cyber-bullied? Is it the institution of Parliament or the MPs who sit in it? Which MP has claimed that he or she has been cyber-bullied?
The MCMC’s statement provides no explanation whatsoever of how making comments on Parliament amounts to cyber-bullying.
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This then appears to be yet another high-handed and unlawful attempt by the MCMC and the government to justify cracking down on public criticism by using the recent public debate on cyber-bullying as an excuse.
Through the threat of criminal action against and investigation of the people for criticising and commenting on parliamentary proceedings, the Pakatan Harapan-led government has yet again shown complete disrespect towards the constitutionally guaranteed right of freedom of speech, contained in Article 10(1)(a).
It has continually used Section 233(1)(a) of the Communications and Multimedia Act (CMA) to quell criticism of the government.
And now the government and the MCMC appear to be leveraging on a recent tragic case of cyber-bullying that led to a death to justify going after critics. This is shameful.
Let us make this very clear. To criminalise criticism of comments about the conduct of parliamentary proceedings or of any MP is to misunderstand the basic purpose for which Parliament was established.
Parliament is the grand inquest or sounding board of the nation – and it functions for the benefit of the people. Parliament cannot treat the public as its enemies and lodge police reports against them. People have a democratic right to criticise Parliament and the MPs who make up Parliament.
Thus, the notion that MPs can cower behind claims of being “cyber-bullied” is a laughable one that cannot pass muster in a democratic nation. Those who hold office are subject to public scrutiny, and they must embrace criticism just as they do praise.
If left unchecked, this latest action by the MCMC will be the beginning of a descent into tyranny. Many people are already being investigated, and more are sure to come as Parliament or MPs or their proxies are emboldened to threaten criminal action against critics.
LFL notes with disappointment that even the House of Representatives Deputy Speaker, Ramli Mohd Nor, has lodged a police report against a social media account user.
It is the government’s duty to uphold the constitutionally guaranteed right of everyone to free speech. As such, it must immediately halt any ongoing investigations against the individuals under Section 233(1)(a) of the CMA for purported cyberbullying of Parliament or MPs.
It is a mockery of democracy and it would make our country a laughing stock of the international community if we use criminal law to protect elected MPs from harsh words or criticism or satire for their actions in office.
Zaid Malek is director of Lawyers for Liberty.
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