I am … for freedom of the press, and against all violations of the Constitution to silence by force and not by reason the complaints or criticisms, just or unjust, of our citizens against the conduct of their agents.
–Thomas Jefferson, third US President
Media practitioners like myself have always been mindful of the swords of Damocles hanging over us. They come in two forms — legal and political.
Of the two, the political part is more problematic with its fluidity. We all know what politics is like — be ready for the unexpected.
The legal aspect is easier to handle as the guidelines are clear, or so I thought. Things took on another dimension this past week.
Editors and journalists have been wary of three main laws — libel, defamation and sedition — and are duty bound to ensure that we do not overstep them.
However, following the Federal Court’s decision on Feb 19 which found news portal Malaysiakini in contempt of court over comments made by readers, there is now an additional “worry and fear” for media practitioners.
The decision sets a dangerous precedent that suppresses the freedom of speech. Since its establishment 21 years ago, Malaysiakini has never faced a contempt of court charge. The Feb 19 case was unprecedented.
The most controversial issue involved in the Federal Court that dealt with Malaysiakini suit is the privilege on the contempt of court, which is rarely invoked by Malaysian courts. The media fraternity is still reeling from this shocker.
Thus, I am pleased that there is an all-round expression of concern on this issue, as it should be.
MCA civil society movement coordination bureau chairperson, Ng Kian Nam, has called on the prime minister to implement structural reforms as soon as possible, such as dividing the attorney-general’s role as a government legal adviser and as public prosecutor if criminal cases should be charged.
“Only in this way may the independence of our judiciary system and freedom of speech of our citizens be truly upheld,” he added.
Ng also expressed concern at the use of contempt of court provisions to deal with the matter, stating that defamation laws would have been more suitable.
Professor Wong Chin Huat of Sunway University has also called on MPs to review the law on contempt to prevent a similar situation from happening in the future.
“We can’t tell judges how they should judge, however, if the law is flawed enough to allow bad judgments, we need to fix the law”, he said.
Meanwhile, seventy-six opposition MPs, state assemblypersons and senators have jointly called for an immediate consultation to discuss media guidelines that will be fair and built on a rights-based approach.
Expressing their grave concern over the conviction meted out against Malaysiakini, they pointed out that “the verdict sends a chilling message to Malaysians as it indicates the further narrowing of media space on freedom of expression, a right that is guaranteed under the Malaysian constitution”.
I am glad that many have spoken up on the matter and its impact on press freedom and freedom of speech in the country.
I am even surprised that political leaders who had run-ins with Malaysiakini in the past are now making statements favourable of the news portal.
Even two Umno leaders had donated to Malaysiakini Defence Fund anonymously in the aftermath of the court verdict.
This latest assault on the media and press freedom must be viewed very seriously by all Malaysians and the Malaysiakini verdict treated as a crisis of fundamental liberties and constitutional rights.
Personally, I am proud to be associated with Malaysiakini over the years. I am still a columnist of the news portal.
Malaysiakini co-founders Steven Gan (editor-in-chief) and Premesh Chandran (CEO) are diligent and committed media practitioners who take pride and excel in their craft. They are exemplary professionals in the industry.
Like my friends in Malaysiakini and many outside, I was totally taken aback by the hefty fine of RM500,000. Malaysiakini is never a wealthy organisation. It survives year-to-year on a tight budget. The RM500k fine was a huge blow.
I offered some consolation and extended my solidarity to Steven and Prem that very afternoon on Feb 19 with this e-mail:
“Dear Steven and Prem, Malaysiakini has gone through many challenges. This is yet another one.
This will not be the last. Expect more to come. But one thing is certain, Malaysiakini will pull through them all as had been proven over the past 21 years.
“As defenders of the truth and free speech, let’s take them as mere irritations.
“I’m sure RM500k will be raised in no time. I will do my part. In solidarity, Francis”.
Was I relieved for myself and Malaysiakini that I was correct about the fund-raising? My email was sent at 13.13pm. Four hours later, by around 5 pm, Malaysiakini announced that the targeted sum of RM500k has been reached.
What does that say of Malaysiakini? The work done by all in the organisation in upholding the truth, justice and press freedom is supported and appreciated by many.
Well done, Malaysiakini. Keep it up.
The views expressed here are those of the columnist and do not necessarily represent the views of New Sarawak Tribune. Feedback can reach the writer at sirsiah@gmail.com
