Most Read
Most Commented
Read more like this
mk-logo
News
8 laws that need to be fixed before you can speak freely
Published:  Oct 27, 2015 10:45 AM
Updated: 3:21 AM

There is a culture of fear in Malaysia and this is no thanks to the use of a raft of laws by the authorities to crack down on dissent, says international group Human Rights Watch (HRW).

Under the Najib administration, a long list of journalists, students, academicians, lawyers, politicians, activists and even keyboard warriors have found themselves in hot water through the use of 'vaguely-worded' law, it said in its 145-page report, ‘Culture of Fear’, which was released today.

What are these laws that need to be repealed or changed, so that ordinary Malaysians can speak freely on matters of public interest?

Here are the HRW recommendations:

1. The Sedition Act - repeal it in entirety

2. Printing Presses and Publications Act - repeal it in entirety

3. The Penal Code

Repeal provisions to get rid of the offences of insulting speech, offensive speech, criminal defamation and criminal intimidation, and amend other sections so only imminent threats to order and security are penalised.

The term 'national security and public order' must also be clearly defined, and penalty is only (imposed) if such threats are clearly defined in the law, and the law must be limited to only when there is no way to prevent it.

The law should also be changed so it is not a crime to distribute printed materials that the government thinks may breach security. Spreading false news should also only be a crime if harm can be proven.

4. Communications and Multimedia Act

Amend provisions significantly so hate speech is not confused with annoying speech, and what constitutes a threat to national safety is clearly defined.

Content applications providers need not be licensed, while amendments must be made so it is not a crime to broadcast on radio without a licence.

The law should be amended so that requirements to get a radio licence, for the purpose of securing a broadcast frequency, is clear and that there is no ministerial discretion.

5. Film Censorship Act

Repeal Section 6 so that it is not a crime to screen a film without government approval.

6. Peaceful Assembly Act

Repeal sections that exclude children and foreigners from participating, and get rid of criminal penalties for the breach of conditions.

Reduce conditions set on organisers, including shortening the time required to give notice before an assembly.

Spontaneous assemblies must be allowed at times when it is not practical to give notice.

If there is provision to restrict rallies that pose a risk to security, such terms must be defined.

7. Official Secrets Act

Only disclosures of clearly defined categories of documents should be a crime, and the government must prove that the disclosures of these documents pose a security risk. However, disclosure of a confidential document for public interest should be allowed.

8. Evidence Act

Section 114A should be repealed because it means intermediaries, such as forum hosts, can be responsible for the postings of other online users.

ADS