The inspector general of police recently said the police are investigating the leak of a Judicial Appointments Commission (JAC) meeting minutes for offences under several laws, including the Official Secrets Act.
Communications Minister Fahmi Fadzil has also warned the public of action under the OSA.
This displays a complete disconnect between the public’s concern and outrage over the contents of the JAC minutes, and the government’s repressive focus on shutting down discussion by threatening action under the OSA.
They are attempting to use the OSA to shut down the truth. Only an authoritarian government will resort to such methods.
It has been a longstanding promise of Pakatan Harapan that a freedom of information law will be passed, and that the OSA will be abolished.
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Prime Minister Anwar Ibrahim himself previously announced that the government will be tabling a freedom of information bill sometime this year, acknowledging that the public has a right to access information under the jurisdiction of the government.
But now they threaten the public with the OSA. Has this promise and commitment to transparency and the free flow of information been abandoned, like so many other promised reforms?
It is appalling to see the course that the “Madani” (civil and trustworthy) government has taken in response to the serious allegations of interference with judicial independence. This includes resorting to flimsy denials, knee-jerk dismissals, and now outright threats to those who seek the truth of the matter.
Is the government intending to arrest tens of thousands of members of the public who have now seen, shared or are in possession of the leaked JAC minutes? Are there going to be mass arrests under the OSA if the public discusses or refers to the JAC minutes?
What the government must do is to address the concerns about the judiciary, which has become a national crisis. The leak of the JAC minutes was in fact in the public interest, and not against it. It placed before the public, facts that were crucial for the public to know. The public had a right to know.
There is no need for any OSA investigation.
Instead, the government must immediately impose a moratorium on all police probes under the OSA, pending its repeal.
This is a policy decision which the government can and must take, and which would be consistent with its oft-repeated claims that it is committed to reforms.
Zaid Malek is the director of Lawyers For Liberty.
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