Protect right to confidential sources, journo groups urge

Any news should not be judged as “untrue” or “invalid” just because it cites a source whose identity is kept secret, journalist groups said.

Gerakan Media Merdeka (Geramm) and the National Union of Journalists Malaysia (NUJM) stated that they oppose any effort that may threaten the right of journalists to protect the confidentiality of anonymous sources.

Any form of “cooperation” with any investigation conducted by the authorities should also not involve a demand to reveal the identity of a confidential source, the groups said in a statement today.

“On the other hand, the need to respect the privacy and confidentiality of sources is outlined as one of the eight values of the Malaysian Journalist Code of Ethics published by the Information Department on behalf of the government.”

The same need also contributes towards the ability of journalists and media organisations to carry out their role as the “fourth estate” or represent the voices of all levels of society, they said.

“Without guarantees of protection, journalists will lose the trust of sources with information that needs to be disclosed.

“The assessment of the authenticity of the source and the information disclosed, in addition to the need to keep their identity confidential, should be determined by the reporter and the editor, without the involvement of outside parties.”

They also noted that the right of journalists in Malaysia to protect the confidentiality of sources has also been recognised as a court precedent since 2013 in a defamation case decision.

If there is a dispute after the publication of an article or news, it should be resolved through the independent Malaysian Media Council, which is in the final stages of establishment through a bill that is expected to be tabled in the Dewan Rakyat in October, the groups said.

Cooperate with cops

Yesterday, when responding to a police report over Malaysiakini’s article claiming that the Bukit Aman federal police headquarters is planning a major reshuffle of its top leadership, Communications Minister Fahmi Fadzil called on journalists to cooperate with the police in investigations into their sources.

He said his ministry understands the media’s right to protect their sources but existing laws apply.

“If there is a police report made based on existing laws at this time, we ask anyone involved in the probe to cooperate with the police.”

On Tuesday, Kuala Lumpur police chief Rusdi Mohd Isa said the case is being investigated under Section 505(b) of the Penal Code and Section 233 of the Communication and Multimedia Act 1998.

Section 505(b) refers to an intention to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public whereby any person may be induced to commit an offence against the state or public tranquillity. The offender may face imprisonment for up to two years, a fine, or both.

Section 233 of the Communications and Multimedia Act stipulates offences of using network facilities to transmit communication deemed to be offensive or could cause annoyance to another person.

An offence under the section is punishable with up to one year in prison, a fine of up to RM50,000, or both.

The report in question quoted a source who spoke on condition of anonymity and named several senior officers including Deputy Inspector-General of Police Ayob Khan Mydin Pitchay as allegedly being among those who could be affected by the move.

Rusdi said police would also summon the authors of the said article to assist in the investigation.

Later, Inspector-General of Police Razarudin Husain described the report as “untrue” as the federal police headquarters had not issued an official statement about the matter.

‘Integral part of journalism’

On a related matter, DAP MP Syahredzan Johan backed Geramm and NUJM, stating protecting one’s source is an integral part of journalism.

“Reporters have an obligation to protect their sources. This confidentiality is vital in ensuring the media can fulfil their responsibilities as a check and balance mechanism to the government.

“In fact, it is part of journalism ethics across the world,” the Bangi lawmaker said.

Syahredzan then urged the police and government to respect the media’s role in the country.

“It’s inappropriate for anyone to use the law to force journalists to reveal their sources.

“If there is a police report made based on existing laws at this time, we ask anyone involved in the probe to cooperate with the police.”

Fahmi’s bewildering stance

In response, Aliran expressed bewilderment at Fahmi’s contradictory stance, pointing out that the government spokesperson claimed to respect the media’s right to protect whistleblowers while simultaneously urging media cooperation with police investigations into their sources.

In upholding press freedom, the social reform movement urged Putrajaya to cease the probe into Malaysiakini.

“The authorities should guarantee the protection of whistleblowers,” Aliran stressed in a statement today.

“Disclosing sources violates the ethical standards of journalism.

“These ethics require journalists to protect the privacy of their sources, who may provide sensitive information on condition their identities are not revealed.

“Whistleblowers would be deterred if their cover is no longer guaranteed,” it added.

On Tuesday, Kuala Lumpur police chief Rusdi Mohd Isa said the case is being investigated under Section 505(b) of the Penal Code and Section 233 of the Communication and Multimedia Act 1998.

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