The editor-in-chief of health news portal CodeBlue is being investigated under the Official Secrets Act (OSA) over articles pertaining to the Sultanah Aminah Hospital (HSA) fire several years ago in Johor Bahru.

Taking to social media, Boo Su-Lyn (above) said the articles, published in March of this year, covered “declassified findings” of the independent investigation into the October 2016 blaze which killed six patients.

“I am being investigated under the Penal Code and Official Secrets Act 1972 over my articles on the declassified findings of the independent investigation into the 2016 fire at Hospital Sultanah Aminah that killed six patients,” read her tweet.

Boo added that she will be interviewed by police this afternoon at the Putrajaya district police headquarters.

She said she is being investigated for four news reports published by CodeBlue earlier this month on findings detailed in the 225-page report of an independent investigation into the fire.

The investigations were conducted by a seven-member committee which was led by former Court of Appeal judge Mohd Hishamudin Yunus.

On Oct 25, 2016, a fire broke out at the south Intensive Care Unit (ICU) ward of the hospital. Six patients died in the incident, while 11 others were injured.

Founded in 1882, the hospital’s current main building was built sometime in the 1930s.

Malaysiakini is contacting police for further details.

The Centre for Independent Journalism (CIJ) said Boo’s case adds to the number of cases where members of the media are being investigated and/or charged under repressive laws since the change of government in March this year.

“(This) may be seen as part of a deliberate and concerted series of actions aimed at silencing the media and curtailing the raising of critical questions of public interests.

“CIJ strongly condemns the continued use of repressive laws such as the OSA as tools of suppression and which, in this case, threatens media freedom,” said CIJ executive director Wathshlah G Naidu in a statement today.

The OSA, she said, limits the people’s right to information as it allows any document to be classified as secret, with no requirement for harm or any relation to national security, international relations or defence.

However, she said, the right to information reflects the fundamental premise that all information held by the state and related government institutions is, in principle, public domain.

It should only be withheld or have its access restricted if there are legitimate reasons for not disclosing it, like for purposes of state security or privacy.

Access to information is important as it facilitates the public in forming opinions about issues that affect the public.

It also promotes constructive participation in any discussions related to specific decision-making processes of public interest, she said.

“CodeBlue’s reports on the declassified findings of an independent inquiry committee into the 2016 fire at Hospital Sultanah Aminah should not be criminalised.

“Instead, the state should be protecting and creating an enabling environment to investigate and report on matters of clear public interest.

“Furthermore, a harm test must be administered to determine legitimacy, necessity and proportionality before attacking and restricting the freedom of expression and opinion.

“Critical voices and access to information are at the heart of transparency and accountability to check and balance state power,” she said.

As such, CIJ calls upon the authorities to drop their investigations into Boo at once and for the new Perikatan Nasional government to continue with the previous government’s commitment to repeal the OSA and enact a right to information act.

In a separate statement, Gerakan Media Merdeka said it is highly concerning that this is the second incident, in less than four months since PN took over the government, of police questioning a journalist who had demanded answers from the state through their reporting.

“We believe that journalists should not be questioned for asking questions, but instead, should be given answers.

“Such incidents are a sign of more media censorship, infringements on the press’ right to information and to report the news unhindered,” they said.

They said freedom of expression should only be restricted as provided by the law, to the extent necessary and proportionate to achieve legitimate aims, such as national security and public order.

In Boo’s case, reporting about the findings of a probe to determine the cause of a tragic hospital fire does not constitute a legitimate ground for such restrictions, they said.

“Restrictive laws which are essential for political stability, racial harmony, and economic prosperity cannot be used as tools to restrict any political contestation and people’s mobilisation against it.

“We hope the Communications and Multimedia Minister Saifuddin Abdullah could look into this as he had during this year’s World Media Freedom Day promised that Malaysia will uphold freedom of the press,” they said.