LFL: Student phone checks by cops unconstitutional

Lawyers for Liberty has described the police’s action in conducting spot checks on students' smartphones as dangerous and unconstitutional despite orders from the government.

Its director Zaid Malek (above) said it was alarming that the cabinet and Home Ministry has issued this directive, which essentially substitutes the usual school administrative methods with a police regime.

He pointed out that Home Minister Saifuddin Nasution Ismail himself had stated in January that cops cannot randomly check people’s mobile phones.

“Children, like all persons in Malaysia, have a right to legal protection from oppressive policing under Article 5(1) of the Federal Constitution. This cannot be restricted unless allowed so by valid law.

“Plus, police officers checking phones of schoolchildren as a ‘preventative measure’ also runs contrary to the Criminal Procedure Code.

“For a search to be conducted, there must be an ongoing investigation to begin with, the absence of which means that the police have no power to search an individual, whether child or adult,” Zaid said in a statement today.

Article 5(1) of the Constitution protects one’s right to life and personal liberty and that no person can be deprived of these rights.

On Oct 18, Saifuddin said his ministry, through the police, would increase patrols and police presence around schools in support of the government’s newly introduced digital safety policy for students.

The initiative is among three immediate measures proposed by the cabinet following a series of violent incidents involving students in school.

Subsequently, on Oct 23, Malacca's police chief Dzulkhairi Mukhtar said the police have begun conducting spot checks on students in the state, including checking their smartphones, to ensure they do not contain prohibited or pornographic material.

He further said that the list of schools to be visited and inspected will be determined by district police chiefs and the heads of the Crime Prevention and Community Safety Department.

‘Simplistic measures’

Zaid pointed out that the logic behind the constitutional protection on personal liberty was to avoid abuse of power by the state, even under the guise of curbing juvenile crime.

“So, why then would his ministry issue or endorse this directive?” the lawyer-activist asked.

Zaid said it was clear the government had given little thought to actually determining the root cause of violence in schools, rendering them to resort to simplistic security theatre and had violated the Federal Constitution in the process.

“They seem to only care about the appearance of doing something effective.

“A more holistic plan of action must be taken that includes educating young children on consent, respecting rights and dismantling the misogynistic narratives and structures that incite violence against women and girls,” he added.

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