No further action on Bloomberg report: Will Anwar deny interference allegations now?

The Center to Combat Corruption and Cronyism (C4 Center) notes with concern the Attorney General’s Chambers’ decision to issue a ‘no further action’ (NFA) directive for the police investigation opened into a Bloomberg report on alleged interference by Prime Minister Anwar Ibrahim in the operations of the Malaysian Anti-Corruption Commission (MACC).

The investigation was launched based on allegations of criminal defamation by Bloomberg. But according to Minister in the Prime Minister’s Department responsible for law and institutional reform, Azalina Othman Said, there was insufficient evidence to proceed with the matter.

Now that prosecutors have found this defamation charge unsubstantiated, the question remains: will Anwar Ibrahim address the content of the article?

This revelation came from Azalina on 4 November, in response to a parliamentary question from Besut MP Che Mohamad Zulkifly, who asked about recent developments on Bloomberg’s allegations of government interference in MACC investigations.

In her response, Azalina clearly stated that the NFA decision was made due to a lack of evidence – which could indicate several possibilities. 

The investigation could have revealed that Bloomberg’s writers had no intent to harm Anwar’s reputation, no knowledge or reason to believe that their article would harm Anwar’s reputation. Importantly, it could also be that the article fell under one of the statutory exceptions to Section 499 of the Penal Code – that the matter was true or an opinion expressed in good faith.

The Bloomberg report alleged that Anwar had instructed MACC chief commissioner Azam Baki to target his political rivals by launching investigations. It also alleged that Anwar directed the body to not look into his former political aide Farhash Wafa Salvador for his purchase of shares in HeiTech Padu Bhd. 

Upon the report’s publication in September 2024, the government erupted in outrage. Speaking to Parliament on 15 October 2024, Anwar stated that it was the “second time” Bloomberg had made “dangerous accusations” and that the police were investigating the matter, leaving it up to the Attorney General’s Chambers to determine whether to prosecute on the matter.

In a statement dated 27 September 2024, the MACC also denounced the claims as being “wild and irresponsible” made with the intent to raise negative perceptions of the commission.

Yet now that the Attorney General’s Chambers has deemed further legal action unjustified, will Anwar and Azam stand by these assertions? There are many considerations in determining whether to initiate criminal prosecution in any case, but this decision does have significant bearing on public perception. 

Indeed, this situation bears heavy resemblance to disgraced former Prime Minister Najib Razak’s blustering attempts to launch a defamation suit against the Wall Street Journal for reporting on the outflow of millions in 1MDB funds to his personal bank accounts, which went nowhere and proved nothing.

The public deserves to know: has the prime minister unduly interfered in the operations of an enforcement agency?

C4 Center also stresses the need for government officials to refrain from taking actions that impose a chilling effect on journalism, public criticism and free speech.

Just because the government can bring legal action for either civil or criminal defamation does not mean it should. The proper way to address allegedly false reporting should be through open dialogue and transparency.

The Malaysian government should focus its efforts on adopting legal measures to prevent strategic litigation against public participation (Slapp) and enacting a freedom of information act as the primary method of maintaining public trust, instead of targeting human rights defenders and journalists. – C4 Center

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