"I disapprove of what you say, but I will defend to the death your right to say it", said Voltaire (Franois Marie Arouet, 16941778).

What sort of society do we want for our future? What role do we want our media to play in that society? Are we happy with its present role?

I'm not. I'm not because our media at the moment is a lapdog. It plays the role of a propaganda machine. We all know this. And this is not the sort of society I want for Malaysians, either now or in the future. We can do far better than this.

In a democracy, a free media performs some crucial functions. It acts as a major check and balance to abuse of power, corruption and other political evils, because it is able to report these without fear or favour.

Crucially too it is an integral part of a vibrant and questioning culture, where people are more exposed and involved in rigorous discussion and questioning exactly the sort of creative and problem-solving culture that our government is so keen to achieve and at such a loss to explain why it isn't happening.

Of course, the reasons are staring them in the face, and one of it, is their policy on the media.

Controlled by law

In Malaysia the Printing Presses and Publications Act 1984 (Act 301) governs the way the press can operate. To put it simply, the Act gives total power to the minister to control the press. It clearly says that any (paper) publication needs a licence that is granted by a minister; moreover the minister has the discretion to withdraw that licence at any point in time, a decision that cannot be questioned even by the courts. This is draconian.

Section 13A: Minister's decision is final:

(1) Any decision of the minister to refuse to grant or to revoke or to suspend a licence or permit shall be final and shall not be called in question by any court on any ground whatsoever

Section 13B: Exclusion of right to be heard

No person shall be given an opportunity to be heard with regard to his application for a licenc or permit or relating to the revocation or suspension of the licence or permit granted to him under this Act.

This is the tyranny under which we Malaysians live every day. It is a tyranny for a reason of course: to protect the government from being called to account, to be a ready-made channel for the unquestioning transmission of the message of the government and its henchmen to the people of Malaysia.

But Malaysians have paid a heavy price. Of course tyranny has little to do with democracy and a key part of our democratic choice have been denied to us for years. We can only get what the government allows us to get. But more than that: it has denied generations of Malaysians, particularly younger ones, the freedom of information and discussion of options and choices that are absolutely essential for creative thought.

Controlling the media has been part and parcel of the way the ruling coalition, the Barisan Nasional, has systematically de-politicised Malaysians, to protect their own power. It has been horribly effective: so much so that it has left many Malaysians without any particular opinion on a range of economic and social issues, because there has been no room for alternative discussions and viewpoints, no encouragement for independent thought.

A clear example would be that with the new education syllabus that was introduced some 25 years ago. Students are taught that, in whatever they write or say, they cannot criticise, question or disparage or attempt to review any BN policy.

Pushed into a conformity that is intellectually and academically sterile, children cannot then form valid trains of thought, argue a position and, all the way through university, are content to rehash their lecturers' notes without any apparent concern or even capacity to push the boundaries of knowledge, to test the limits of argument. Who is to blame for this?

We all know that our public universities have sunk without a trace in the regional league tables. But why should we be surprised? The government wants to control the media, the government wants to control thought processes, the government wants to control the available alternatives (BN is best on whatever it is being discussed, the rest nowhere) and then we wonder why our students appear spoon-fed, uncreative and unimaginative.

BN re-colonisation

This is not far away from re-colonisation, only this time it isn't by any foreign nation but by the ruling coalition. Colonisation of the mind with the laws that control media backed up by other draconian legislation such as the Official Secrets Act and of course the Internal Security Act.

This represents politics of fear step out of line, voice an opinion that is not pro-government, share some information about corrupt practice which is, oops, 'an official secret', and you will be labelled, charged or detained. You will be victimised, and our society and the whole fabric of Malaysian culture suffers as a result.

Our prime minister is full of statements about the need to tackle corruption, the need to be transparent, the need to be accountable. Yet we all know that corruption continues to inform so much of the business world and other transactions in this country. We know how little accountability there is. We know money politics at every Umno general assembly is "the worst ever".

Yet, is the PM about to reform the media laws? We might hope so, but we have to say that it unlikely. Yet if the media was freed up, there would be immediate consequence in terms of far better reportage and circulation on matters of crucial national importance like corruption and abuses of power, the stated aims of our PM would be that much more attainable, the transparency and accountability so necessary to make Malaysia a better country to live in so much more enhanced.

How do we reform the media?

By reforming the relevant legislation, first and foremost. Publications ought to be allowed to freely print and distribute so long as their content doesn't go over agreed boundaries with reference to race, religion, gender, libel and/or privacy. There are plenty of examples from around the world we can use to draft any necessary clauses to safeguard these. This would at least allow independent media as well as opposition party papers like Harakah, Rocket and Seruan Keadilan to compete with newspapers owned or influenced by political parties.

With more sources in more papers, the extra information, the posing of alternatives, the various critiques, the various exposures will help form a check and balance for the betterment of our society as well as open up discussion in a way that can only be beneficial. Social policies, economic policies, educational policies these are crucial issues for all of us.

Opening up the media means opening up discussion, opening up our vision and ensuring our choices have been thoroughly discussed. The appalling decisions being made by this government and its agencies, for example the Pulau Tioman marina (let's destroy our unique heritage for the sake of a quick buck) and in the way roads are planned, built and then collapse, are testament to a culture where no one has the information or the room to question, and ministers don't have to be accountable. The government-controlled media will never push for true accountability. Why should they? that is not their role.

The system is built to protect those in power, their priorities, their ambitions and to cover up their mistakes as well. Cosmetic measures, such as criminal prosecutions, appointments, and commissions are not going to help if we are not sincere and there is no political will to do the right thing. To achieve a certain amount of respectability, we must make sure that there is real segregation of power between the executive, legislative and judiciary.

At present, freedom of expression has been exchanged for money, property and power. This situation has been deliberately and consciously created under slogans, which aim to belittle a free press and curb public gatherings. The system is perfectly suitable for the ruling elite and for their economic interests. The intelligence and law-enforcement services are designed to provide security for this group and are not aimed at nurturing an open and civil society. Is this really what we want for Malaysia?

Why don't we allow people to talk and listen with an open mind? Through open, unmanipulated debate, we will build a clearer idea of what our country is and could be, based on freedom, responsibility and moderation. People from different fields will be allowed to comment and give their suggestions through the media without fear or favour. This would be an 'inclusive' culture, a culture where people are encouraged to think and contribute, not to keep quiet and be afraid.

Or, as Charles Bradlaugh said: "Without free speech no search for truth is possible... no discovery of truth is useful... Better a thousand-fold abuse of free speech than denial of free speech. The abuse dies in a day, but the denial slays the life of the people, and entombs the hope of the race."

DR XAVIER JAYAKUMAR is the deputy secretary-general of the Party Keadilan Rakyat (People's Justice Party).