The Home Ministry has demonstrated its political bias in not approving a printing permit of Malaysiakini , says the Centre for Independent Journalism (CIJ).
In expressing concern, the NGO said disallowing a publication permit for "lack of neutrality and causing controversy" is not a legitimate restriction to the freedom of expression.
"It is fairly clear that the application of these criteria to existing daily newspapers would result in the shutting down of a number of newspapers currently in circulation.
"Disallowing a publication permit for a lack of neutrality and causing controversy cannot constitute a legitimate restriction on the freedom of expression," it said in a statement.
The statement was issued by the NGO directors Sonia Randhawa and Jac Kee.
CIJ said despite the watering down of the Printing Presses and Publications Act 1984 (PPPA), the ministry does not appear to keep in mind the Court of Appeal's decision in October 2013 that it has no valid reason to deny the organisation a licence.
In a letter received by Malaysiakini chief executive officer Premesh Chandran last week, the Home Ministry said the rejection was because the news portal "often causes controversy" by publishing news that could "distress" the people.
Sowing 'hatred' against leaders
The Publications Control and Al-Quran Text Division head Hashimah Nik Jaafar also said the reports “could cause hatred towards national leaders”.
"The ministry has decided not to approve the application for a publication permit on the basis that the news published by the Malaysiakini online portal often causes controversy and is not neutral...
"Such news, if published in the print format, will cause shock and distress among the people.
"Sensitive issues are also published in the form of news, commentary, opinions and readers’ comments, which could cause hatred towards national leaders," she said.
CIJ said the appellate court ruled last October that the granting of a publication permit is a right protected under Article 10 in the federal Constitution, and not a privilege.
The Kuala Lumpur High Court had also decided in a similar manner in quashing the home minister’s decision.
"While the constitution allows for Parliament to place restrictions on the freedom of expression, these must be legitimate and have a direct connection with a danger to national security, public order and public morality," the NGO said.
CIJ also states that this displays the arbitrary manner in which the PPPA operates under the ministry.
"Further, publication permits should never be refused arbitrarily and never for reasons that go beyond Article 10.
"CIJ recommends that the PPPA be repealed altogether as it is a tool for the state to control the media for its own ends, and contravenes the constitution, as well as international human rights standards on freedom of expression," the statement added.
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