Public debate disputes no basis for probe, LFL tells police after Umany case

Summary

• LFL pans police probe against Umany, saying public discourses and disagreements are not grounds for criminal investigation.

• Zaid Malek says the public has the right to criticise the education system.

Exchanges and disagreements in public discourse are not grounds for criminal investigation, Lawyers for Liberty (LFL) said today, responding to a police probe against the Universiti Malaya Association of New Youth (Umany).

In a statement today, LFL director Zaid Malek condemned the probe for being justified merely on the grounds that the national education system was portrayed in a negative light.

Zaid said that the statement by Umany to abolish the matriculation system and use STPM results as the sole benchmark for entry into public universities does not warrant a criminal investigation and labelled the police probe on the matter as being "high-handed, unlawful and an abuse of police powers."

The remark by Umany president Tang Zi Ye on Sept 12 received brickbats from Bersatu and Umno, leading to Umany later apologising for the proposal.

It also stressed that its proposal to implement an “integrated examination system” has no connection to racial issues, but is rooted in the need for a fairer and more transparent university admissions process.

"How is this an offence? Only dictatorships silence criticism of government policy.

"There is nothing wrong or criminal for anyone to participate in public discourse regarding the administration of the education system, which is a matter of public interest. The discussion is obviously protected under Article 10(1)(a) of the Federal Constitution, which guarantees freedom of speech and expression.

"It is absurd to justify this investigation for inciting ‘public dissatisfaction’ or ‘public anxiety’. What is the metric being measured to justify this? Disagreements are inherent in public discourse, and do not justify criminal investigation; what more if it pertains to matters of public policy.

“This shoddy reasoning would create a carte blanche power to enforcement authorities to clamp down on any public discussion, negating the constitutionally guaranteed right to free speech in this country," Zaid said.

He reminded authorities that members of the public are free to criticise the education system or any other aspect of government administration, as that is what's expected in a democracy.

In a statement yesterday, the police’s federal Criminal Investigation Department chief, M Kumar, said five police reports have been lodged against the students’ union over the remark, and that investigations are being done under Section 505(b) of the Penal Code and Section 233 of the Communications and Multimedia Act 1998.

Why no probe for call to abolish vernacular schools?

Zaid further reminded the authorities that Umno had repeatedly called for the abolition of vernacular schools, yet faced no repercussions, unlike Umany.

He questioned the alleged double standards on the issue and labelled the probe into Umany as "farcical."

"Are only those from the unity government allowed the right to free speech? The selective persecution is obvious when we compare it with this farcical investigation against Umany.

"The national education system is a subject that concerns all, and as such, all should be free to participate in that discourse. The government must not be selective on who may do so, as freedom of speech is guaranteed under the Federal Constitution," he added.

Zaid also urged all investigations against Umany to be halted and to have the police "educated on the very basic legal concept" of freedom of speech being a constitutional right.

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