Malaysia: Freedom of Expression in 2009- Annual Review by Centre for Independent Journalism

FreedomofExpressioninMalaysia2009An Annual Review bycontents 4 Foreword 5 Malaysia’s Media Landscape 6 The Crisis in Perak 8 Police partiality and freedom of assembly 10 Racialisation of issues vs ethical reporting 12 Threats against online media and bloggers 14 Intolerance of diversity 16 Conclusion 18 Timeline of Events• The Perak Crisis• Right to Assembly• ISA and the release of Hindraf leaders• The “Allah” issue• Restrictions against discourse of Islam• Online censorship• Raja Petra Kamarudin• Restriction of campaigning at by-elections• OthersF ourteen dasy after the fireworks ushering 2010, a number of places of worship were attacked, one with paints, most others with firebombs. No one was injured, but this came after days of protest by Muslim-Malay oressure groups against the court ruling allowing the Catholics to use the word “Allah” in their publication.ORD Sectarian violence is rare in multi-ethnic Malaysia, but when the State and non-State actors champion the cause of narrowly-defined rights and privileges for a specific group over the rights of all citizens, this foments fear and ignorance, and encourages intolerance in interactions between and within ethnic communities. To stoke the fire, there is also unprecendented partisanship on the issue in a certain media- a worrying subversion of the media’s potential in promoting peace and understanding in our multi-ethnic setting. That is the message that Centre for Independent Journalism (CIJ) is conveying in our freedom of Expression in Malaysia 2009 Annual Review. FOREW The Review presented a trajectory of how events were re-interpreted to tension level, with challengers being removed or marginalized, once again, through legal but unlawful means. As we critically revisit the events documented in the Review, CIJ is compelled to sound a warning bell on the danger of messages of partisanship based on ethnicity and religion. The current climate makes itall the more urgent for Malaysians to reclaim their right to freedom of expression, and to demand their media to provide sufficient and equal spaces for meaningful discussion, not foment cleavages and siege mentality. As we commemorate the World Press Freedom Day in 2010, let us be clear that the freedom to express is synonymous with the desire for peace and democracy.Masjaliza Hamzahon behalf of the Centre for Independent Journalism (CIJ) 4Malaysia’s Media Landscape: IRace, religion stoking policyn 2009, perceived political crisis and increasing strain between various religious and ethnic groups, were used as excuses for political leaders to leave demands for political and democratic reform in abeyance.Following the 2008 general election, the winning but badly shaken party as well as other ethno-religious groups have used for political mileage the perception that the special position of the ‘natives’ enshrined in the Constitution has been undermined. An authoritarian brand of Islam has also been propagated by the state and individuals more vocally since 2008. In 2009, these groups have increased their visibility by actively censuring and invoking the threat of violence against remarks discussing affirmative action, the monarchy and Islam. Their cause was aided by the Malay media owned by the United Malays National Organisation (UMNO) taking up their battle-cry, fuelled by routine depictions of the opposition pact Pakatan Rakyat (Pakatan) as a threat to the ‘Malay race’.Thus 2009 saw aggressive ethno-religious expression becoming the dominant theme in the media, with intolerance and contempt colouring discourse. This contradicts the new Prime Minister Najib Razak’s vision of “1Malaysia”, which includes as its aims a freer media. Speaking to journalists and editors three days after becoming Prime Minister in April 2008, Najib said he wanted the media to “hold the government and public officials accountable” and to “report without fear and favour”, but the tough laws governing the media have remained unchanged. Further, editors have spoken about the government’s plan to revive Media Council legislation on top of the existing laws, and at the end of last year, they were being told to implement additional and stricter publishing guidelines. There have been a few welcome gestures for democratic rights. Some detainees being held under the dreaded Internal Security Act 1960 (ISA) were freed and the 2008 amendments to the Universities and University Colleges Act 1971, were gazetted in early 2009 to reverse a ban on students’ freedom of association and expression. But these pale in comparison to the ongoing punitive actions against government opponents and critics, and fall far short of acceptable standards.The continual dwelling on and inciting of issues of ethnicity and religion directly affects the prospect of freedom of expression. Ethnic and religious tensions are being used by the state to rationalise the maintenance of the restrictive laws. More positively, these laws are also being seen by some as the tools that facilitate tension, due to restricting discourse and debate, and privileging voices that are incendiary. While the prospect of meaningful reform for democratic spaces looks dismal, this comes with a political cost to the government – of alienating progressive voices within Malaysia and jeopardising the country’s image abroad. The Najib administration will have to evaluate these risks, for both the short and the long terms, in at worst using, and at least tolerating, this move towards greater authoritarianism in the name of religious intolerance and racial ‘unity’.5A protest by Pakatan supporters in February to demand for the dissolution of the Perak state assembly to pave way for fresh elections, after three lawmakers left the Pakatan government. TCrisis in Perakhe country was rocked at the beginning of later, authorities, invoking the Printing Presses the year with a crisis in the state of Perak. and Publications Act 1984, confiscated thousands The crisis revealed that the government of copies of two opposition newspapers – Suara is bent on securing political interests and getting Keadilan, by Parti Keadilan Rakyat (PKR, or the ahead of its political rival, the Pakatan opposition People’s Justice Party), and Harakah, published alliance, regardless of the cost to good by the Islamic party PAS. We believe this is governance and democracy. because of their coverage of the Perak crisis. The fol owing month, the two newspapers were Perak was won by PR in the 2008 elections. ordered to shut down for three months by the However, in February 2009, elected members of government. This was not only shortly after this Pakatan defected to become ‘Barisan Nasional crisis, but immediately prior to the new Prime (BN)-friendly independents’. In the resulting Minister being sworn in and the three crucial by-political vacuum, the Sultan of Perak Azlan Shah elections in Kedah, Perak and Sarawak. The ban acted by appointing lawmakers from the BN and was lifted on 3 April, on Najib’s first day in office. sacking the existing state government before a vote of no-confidence could be held in the However, the chairperson of the Democratic legislature. This was both unpopular and legal y Action Party (DAP) and MP for Bukit Gelugor controversial.Karpal Singh, was charged under the Sedition Act 1948 for questioning the legality of the At the swearing-in of Perak’s new Menteri Besar Sultan’s actions. If found guilty, Karpal faces in February, police fired tear gas on an estimated up to three years in prison or a fine of up to 3,000 to 5,000 protesters, arresting nine. Days RM5,000 (US$1,400) or both. 6Then PKR information chief Tian Chua (right) Attempt by activists lead by PKR Supreme and Suara Keadilan editor, Zunar (left) reveal that Council member, Badrul Hisham Shaharin the party organ was confiscated by the authority. (left) to deliver a cake to the PM on the late Pic courtesy of MalaysiakiniAltantuya’s birthday, is met with police arrest, on the same day as the arrest of PAS vice president, Mat Sabu. Pic courtesy of Amin Iskandar.Actions were also taken against members of a candlelight vigil for Wong in front of a police the public in Perak who voiced dismay over the station in Kuala Lumpur. PAS vice president crisis. Police arrested six online commentators Mat Sabu was arrested because he cal ed for for criticising the Sultan of Perak’s role in the a gathering at a mosque in Perak on the first power struggle. They were charged under day that the assembly was to meet fol owing the Section 233(1) of the Communications and crisis. Police also raided the DAP office on two Multimedia Act 1998, and Section 34 of the separate occasions, seizing electronic equipment, Penal Code for “insulting” the Perak royalty publications and DVDs about the crisis.in various blogs. The broadly worded Section 233(1) penalises the “improper use of facilities Nationally, the Perak crisis was framed by some or network service, etc.” and provides for a jail of the mainstream media as a matter of treason term of one year and a fine of up to RM50,000 against the monarchy and – stretching the limits (approximately US$13,500). Two bloggers, of credulity – as being ethnically motivated, Jed Yoong and Ahiruddin Attan, are also being with the possibility of leading to inter-ethnic investigated by the police for content and clashes. Though the former Menteri Besar Nizar comments on their blogs about the crisis. Jamaluddin is a Malay Muslim, he was accused of running a puppet government for the Chinese-In May, when the assembly in Perak resumed, majority DAP and of committing treason against police again implemented a crackdown. In the the Sultan by refusing to resign or to accept the span of three weeks, police arrested a total of legality of the Sultan’s actions. Some of those 146 people, including opposition lawmakers, who were charged for criticising the Sultan writers, activists and lawyers, stirring public online were, following their arrests, depicted concern that this would be a reenactment of the as remorseful, implying that the monarchy is 1987 Operasi Lallang crackdown. However, most sacrosanct. Karpal, as well as being investigated, of those arrested were either released the same was also targeted at public rallies staged by day or remanded for up to four days.UMNO, and accused of being sacrilegious. Writer, academic and chairperson of the Writers’ The mainstream media also spun the legally Al iance for Media Independence (WAMI) Wong dubious take-over as being “tit-for-tat” against Chin Huat was remanded for four days simply Pakatan for its failed attempt to take over the because he tried to ral y people to wear black Federal government through the defection of on the assembly day, to mourn the death of BN parliamentarians in 2008. In such spins, democracy in Perak. Political columnist for the public has been told by the controlled press leading online news service Malaysiakini Josh that the Perak crisis is a party-political one, not Hong and the editor of Suara Keadilan Law Teck a crisis of democracy in which they are the true Hao were among those arrested while attending stakeholders. 7Police partiality and freedom of assemblyThe Perak crisis is just one of several rally, the highlight of which was the display of issues that drove Malaysians to the a recently-decapitated cow’s head, which was streets. Some of the others were later kicked by some protesters. There were no ethnocentric in their cause, for which the police arrests at the time, and the Home Minister later took delayed (if any) action against organisers came out with a statement supporting the rally, and participants, while for assemblies that were causing public outcry. On 9 September, the more ethnically diverse but anti-BN in tone, government charged six of the protesters under protesters were met with immediate repression. the Sedition Act 1948.As mentioned in the previous section, the There was also public outcry as a result of statement by Karpal prompted UMNO to the government’s harassment of news site organise a public rally against him. Not only Malaysiakini, when videos of the ‘cow-head’ were there no arrests among the 200-strong protest and the Minister’s press conference, crowd, police also belatedly declared that it had including his defense of that protest, were posted no permit. While applauding the lack of police online. The Malaysian Communications and action in this instance, CIJ calls for the need to Multimedia Commission (MCMC) deemed these ensure that similar freedoms are enjoyed by all, videos of ensive and asked Malaysiakini to take not just by those connected to the government, them down, invoking the Communications and or those opposing Pakatan.Multimedia Act 1998. Malaysiakini refused, and the MCMC sent officers to question its Editor-in-In contrast, during the anti-ISA rally in early Chief Steven Gan and CEO Premesh Chandran. August 2009 attended by 5,000 or 15,000 (depending on which source), police used Police also arrested 14 Burmese nationals for tear gas, water cannons and roadblocks, and taking part in a gathering organised by the Selangor arrested close to 600 people. The anti-ISA rally state government to celebrate the 64th birthday of almost had to face a pro-ISA rally organised Burmese activist Aung San Suu Kyi in June. on the same day by various NGOs under the umbrella group Pewaris. At the eleventh hour On the anniversary day of the formation of – apparently after realising there would be a Malaysia, 15 indigenous people from tribes of meagre turnout – Pewaris cancelled the rally Penan, Kayan, Kenyah and Iban were arrrested and decided instead to have a representative in Kuching for submitting a memorandum of submit a memorandum to the palace. While protest against the construction of two dams the slew of arrests and clampdown operations that will be affecting the people in the area of against the anti-ISA protesters were happening, Baram and Murum.the Pewaris representative was allowed by police to submit his memorandum.The inconsistency of enforcement shows that freedom of assembly remains a barely tolerated One of the year’s most notorious incidents, the right. As the police force is not obliged to be ‘cow-head protest’ exposes even more glaringly accountable to the public and is answerable only police inconsistency in controlling the right to to the Home Ministry, the public have not been assembly. The protest was sparked when a given any explanation for the inconsistency. Hindu temple was to be relocated to a Muslim As a constitutional y enshrined right, freedom populated area in Shah Alam, Selangor, a move of assembly should never be subject to the linked to the Pakatan state government. On 28 interests of the government or other groups, but August, some Muslim residents held a protest upheld for al equal y and impartial y. 8The act of stamping on a cowhead by protesters who are against the relocation of a Hindu temple to a mostly Malay populated area, ignites public outcry and give the protest the name “cowhead”. Picture courtesy of The Malaysian Insider.Police cracks down on the anti-ISA mass rally using water cannon (left) and tear gas (below). Picture courtesy of Merdeka Review. 9Racialisation of issues vs Tethical reportinghe role of the media in these events was, wanting. The coalition banned Utusan Malaysia sadly, not that of a neutral bystander. and the BN-owned New Straits Times from Some issues were deliberately given their events. Their reaction raised the question an ethnic spin by some media. Since 2008, of how press freedom can be practised when UMNO-owned daily Utusan Malaysia has been ethical standards are not being upheld. Pakatan championing “Malay unity”, a thinly disguised state governments in Selangor and Penang call for ‘Malays’ to be politically united under have set up their online and print organs, but UMNO. A political unity among Malays is maintained a ban on these two dailies and their argued to be fundamental to the ethnic group’s reporters.collective survival vis-a-vis other communities, as well as to the country’s security. The idea The racialisation of reporting is not limited follows from the concept of “Ketuanan Melayu” to demonising the Federal-level opposition. commonly interpreted as perpetual privileges The underlying concept of “Ketuanan Melayu” for the ‘native’ majority ethnic group. With entails the viewing of the ‘non-native’ with UMNO’s electoral setback and Pakatan’s gain, suspicion, thus the newspapers dwell on the Pakatan partners PKR and PAS have been immigrant origin of the Other. This suspicion often portrayed – through statements from of other ethnic groups was also the underlying UMNO officials as well as the Malay-based issue inadvertently highlighted by the magazine groups mentioned earlier – as a threat to that Al-Islam, which is published by the Utusan unity, while DAP was represented as a threat group. The magazine sent a reporter to go from the supposedly economically powerful undercover at a church mass in order to ‘ethnic Chinese’. “expose” the alleged conversion of Muslims. The reporter found out that the allegation was The anti-ISA mass rally in August, for example, not true, but his method of investigation – taking was painted by Utusan as a betrayal by part in the holy communion under disguise as those Malays who were organising the rally a Christian, then spitting out the holy wafer (alongside others), as well as the minority’s for photo-taking – raised protests, particularly threat to the dominant race. by Catholics, on the reporter’ lack of religious sensitivity. Earlier in July, calls to investigate the suspicious death of opposition political aide Critics of the magazine have pointed out that Teoh Beng Hock while being held overnight for the government would have unleashed the questioning at the Malaysian Anti-Corruption full power of the law if it had been an act that Commission’s (MACC) offices were given an violated the sanctity of Islam. CIJ, however, ethnic twist – about the ‘Chinese’ attempting recognises and emphasises that the only way to undermine the ‘Malay’ staff at the MACC. to encourage tolerance is by allowing all media It was, apparently, irrelevant that calls for an to operate on an equal and free footing, and to impartial investigation were being made from a revoke all repressive media laws. The Al-Islam broad cross-section of Malaysian society.case merely demonstrates the arbitrary nature The response of Pakatan, however, was also of the laws and their enforcement.10From left to right: Lawyer Annou Xavier, Sundhagaran Stanley and Joachim Francis Xavier, from the Diocesan Migrant Ministry at the Dang Wangi Police station to follow up on a report they lodged against Al-Islam magazine (right) for publishing an article by a reporter deemed to have desecrated the Church. Pic courtesy of Sundhagaran Stanley.11