How can Fahmi call for probe by his own agency, lawyers group asks on PAS-linked poster

A lawyers group today said that Fahmi Fadzil was abusing his power as a minister in ordering reports to be lodged with an agency under his purview over a poster accusing him of instructing government-friendly parties to blame PAS for the recent cancellation of a music festival in Kuala Lumpur. 

Lawyers for Liberty (LFL) said in a statement that it was a "conflict and a clear abuse of ministerial power that a minister has ordered or set in motion an enforcement authority under his direct control for an investigation over an allegedly libellous poster made about himself".

LFL director Zaid Malek added that neither Fahmi's communications and digital ministry nor the Malaysian Communications and Multimedia Commission (MCMC) was there for his personal benefit or use. 

"Since it is the minister himself who publicly initiates the matter, it puts undue pressure upon the enforcement agency and affects the fairness of the investigation. This should have been obvious to Fahmi," he said. 

The poster, which went viral on social media, claimed that Fahmi had given instructions for PAS to be highlighted as an extremist party in a bid to shift the blame from him after approving the permit for UK pop rock band, The 1975, to perform in Malaysia.

Fahmi said on July 24 that the communications and digital ministry had instructed for reports to be lodged on the matter with MCMC and the police.

Zaid said that as a minister, Fahmi was responsible for upholding the right to free speech as provided for under Article 10 (1) of the Federal Constitution and checking himself from "using his powers to trample on this right". 

"He cannot on a whim utilise the authorities under his jurisdiction to subject his political detractors to criminal investigations. 

"Fahmi holds no special status to be free from criticism or to use government machineries to clear his own name," he said. 

Adding that Fahmi was free to file a civil suit for defamation against those responsible for the poster, Zaid said there was no legal basis to involve the enforcement authorities to clear allegations made against the minister. 

"Indeed, there is a whiff of Stalinism about this kind of ministerial conduct," he added. 

"Enforcement bodies have no business bothering with 'injuries' to the 'image' of the Pakatan Harapan-led government. In all situations, the government’s image is not a justifiable reason for the limitation of free speech in any manner."