Lawyers for Liberty (LFL) refers to the police investigation into Fahmi Reza’s satirical artwork criticising the newly appointed Sabah Governor, Musa Aman.
The investigation is under Section 4(1) of the Sedition Act 194, Section 233 of the Communications and Multimedia Act 1998 (CMA) and Section 504 of the Penal Code.
This farcical investigation exposes the hypocrisy of the “Madani” (civil and compassionate) government. Prime Minister Anwar Ibrahim was quoted during a recent event organised by Dewan Bahasa dan Pustaka as saying that “art should move freely and be encouraged, including those that are critical of power and in any form”, blatantly ignoring that what happened to Fahmi is the exact opposite of that statement.
It is also not lost on anyone that the investigation is conducted under the very same draconian laws that Pakatan Harapan promised to repeal before gaining power. It again shows that despite this government’s convoluted justification for the failure to do so, these laws continue to oppress the people’s freedom of speech.
Anwar and the Madani government now mirror their predecessors in power by relentlessly threatening civil liberties.
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The investigation on Fahmi is consistent with the Madani government’s other oppressive actions such as strengthening existing draconian laws. The amendment to Section 233 of the CMA that was passed earlier this month will widen the scope of power of the government and the authorities to clamp down on similar acts of criticism and defiance.
Despite whatever fanciful lip service this government has given, it has not shown an ounce of political will in actually protecting the people’s freedom of speech and expression. It has done the opposite.
LFL reminds the government that the freedom of speech and expression is a protected right under Article 10(1)(a) of the Federal Constitution. It is a right enshrined within our Constitution to ensure that the people are able to express themselves without fear of repercussion of those in power. It is a core foundation of any functioning democracy, a system of governance based on the concept of “rule by the people”, that the people should be able to freely speak their mind.
How can we be a democracy when the people are subjected to investigation and criminal prosecution for criticising those in power?
Anwar and the Madani government as a whole must not ignore the protection of freedom of speech and expression that is guaranteed by our Constitution. As the government, they have a duty to uphold this right and ensure its protection.
If they truly believe that expression critical of power should be protected as they periodically claim, then the government must immediately halt all criminal investigations on Fahmi Reza for his satirical artwork and take immediate steps to repeal the Sedition Act and Section 233 of the CMA.
The time for talk is over. Walk the talk.
Zaid Malek is director of Lawyers for Liberty.
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