Lawyers slam hypocrisy in govt's defence of media control

Lawyers group Lawyers for Liberty (LFL) today hit out at the Malaysian Communications and Multimedia Commission (MCMC) over its defence of action against news portals described as "irresponsible", reminding the government led by Pakatan Harapan (PH) of its opposition to the Anti-Fake News Act enacted by the previous administration under Najib Razak.

It said the same reasoning was used by MCMC to shut down news and criticism of the 1MDB scandal, which were later proven to be true.

"The attempt by this government to control the media using the excuse of preventing fake or inaccurate news is the hallmark of dictatorial rule," it added.

"Is only government-approved news meant to reach the public? It is appalling that this government is disguising the censorship of media under the guise of protecting 'the truth' for the sake of societal 'harmony'."

MCMC had said in a statement on Sept 1 that the action taken against irresponsible media outlets was "not to stifle freedom of the press but to ensure that information is disseminated responsibly and without the spread of slander or misinformation".

It also said that it operates under the provisions of the Communications and Multimedia Act 1998 as the regulatory body for the communications and multimedia industry in Malaysia.

"One of MCMC's key national policy objectives is to provide the people of Malaysia protection from the adverse effects of online harm, including misinformation and hate speech, as well as safeguarding the integrity of constitutional monarchs and democratic institutions with reverence and respect from any attempts to incite hatred or contempt," it said in response to a statement by global media watchdog Reporters Without Borders (RSF) on the matter.

RSF had expressed concern over the recent wave of suspensions by the authorities, which it said were done "without any explanations nor judicial control, of news websites critical of the government".

"We urge Communications and Digital Minister Fahmi Fadzil to put an end to these acts of censorship, which can only have a negative impact on Malaysia's democracy," RSF Asia-Pacific Bureau director Cedric Alviani said.

The RSF statement had followed another by senior journalists warning the commission against playing the role of "Big Brother", saying it was a reminder of the practice by past administrations to shut down critics and please the political elites.

LFL said there appeared to be "collective amnesia" on the part of the government that the Anti-Fake News Act had been repealed.

"Where is PH's former fervour in opposing any clampdown on free speech on the excuse of fake news?" it added.

It also reiterated that fake or inaccurate news does not fall within the restrictions on freedom of speech allowed under Article 10(2)(a) of the Federal Constitution.

"Hence, the course of action being pursued by MCMC and Fahmi is unlawful, unconstitutional, and a blatant abuse of power," it said.

"MCMC's claim to censor fake, misleading, or inaccurate information appears to be a flimsy excuse to clamp down on unfavourable or critical media outlets.

"As a government that claims to be committed to reform, they must understand the importance of a free press for the functioning of our democracy. As such, this government must immediately halt the blocking of news sites or media censorship using the convenient excuse of fake news. The press must remain free and independent lest the country descend into tyranny."