The Human Rights Commission of Malaysia (Suhakam) has called for a review and subsequent repeal of several arbitrary provisions in the Printing Presses and Publications Act (PPPA) and the Official Secrets Act (OSA) that curb press freedom.

These were among the recommendations contained in a 54-page report released exactly a year after the media freedom workshop organised by the commission. The report is available on its website .

In the report, Suhakam made general and specific recommendations aimed at freeing the local media from the shackles of establishment control, seen as the primary impediment to media independence.

On the PPPA, the commission recommended that provisions imposing "excessive restrictions on press freedom" be repealed.

It specified several sections as priority areas to be reviewed and later repealed. These included Section 12 (1) which prescribed a maximum 12-month validity for publishing permits, forcing owners to re-apply annually.

The power to grant, renew and revoke permit lies with the Home Ministry.

Alternative method

Suhakam stated that it received a number of complaints and memorandums from individuals and groups who felt they were unjustly denied renewal of their permits. However, the commission did not provide any figures.

"This problem is compounded by the fact that the PPPA does not allow for independent reviews of decisions made in respect to the granting or renewal of permits," read the report.

Also cited was Section 13 that empowered the home minister to revoke or suspend permits in the interest of public order or national security, excluding any judicial review of the decision or the aggrieved party's right to be heard.

Both the terms "public order and national security" were not defined in the Act.

To circumvent the hassles with red-tapes and arbitrary decision-making, the commission suggested an automatic "alternative and less arbitrary" renewal method for all permits and licences.

However, the human rights watchdog added that the government could implement a demerit system to keep errant publications in check, though it did not elaborate on what this would entail.

On the Official Secrets Act 1972 (OSA), Suhakam said a judicial review must be allowed to determine what constituted 'official secrets'.

Section 2 of the Act pigeonholed official documents into 'top secret', 'secret', 'confidential' and 'restricted'.

Only ministers, menteris besar, chief ministers or public servants authorised by them could classify records and minutes of cabinet and state executive council meetings, including the respective committees, as such.

Documents touching on national security, defence and international relations were also included.

Suhakam also recommended that Section 8 of the OSA, which stipulated a minimum one-year jail term, be repealed to allow the court to exercise it's discretion in sentencing.

Freedom of information law

To ensure a "more concrete protection" to the right to freedom of information, the commission said the government should enact a freedom of information law, which would necessitate amendments to conflicting provisions in existing laws.

Citing the Philippines, Hong Kong, Thailand, South Korea and Japan as Asian countries which had enacted laws "to directly protect freedom of information", Suhakam also revealed that similar efforts were underway in Indonesia, Pakistan, India, Nepal and Taiwan.

Suhakam also mentioned the Internal Security Act and the Sedition Act as laws that were excessively invoked to check the press.

"Threats to national security should not be seen as an excuse to restrict freedom of the media, particularly in relation to issues of editorial independence and protection of confidential sources of information," read the report.

The commission also recommended that an independent, impartial and self-regulating media council be established for journalists "to exercise greater control of their profession while improving the standard of the country's journalism".

Other recommendations included - a code of ethics reflecting the Universal Declaration of Human Rights to be enforced by the media council and more professional training that incorporated human rights issues.

State control

The commission also suggested that the government issue press accreditation tags to all bonafide journalists but press freedom activists strongly feel that it is merely another form of state control.

Last year's media workshop saw panelists from the government, senior editors and representatives from the independent media.

Those present were Deputy Home Minister Chor Chee Heung ( left ), then parliamentary secretary to the Information Ministry Zainuddin Maidin (now deputy minister), communications lecturer Dr Mohd Safar Hasim, malaysiakini editor-in-chief Steven Gan, Suhakam commissioner Prof Mohd Hamdan Adnan ( right ) and media activist Ahmad Lutfi Othman.

Suhakam chairperson Abu Talib Othman, when opening the workshop, reiterated the repeated calls by journalists, social activists and human rights advocates to review restrictive laws.