‘Alvivi’ practising free speech, no need to prosecute, lawyers say

(MM) – Putrajaya should not have taken such stern action on sex bloggers “Alvivi” for their Ramadan insult, several lawyers have said, arguing their case for free speech in a country moving towards greater civil freedom.

They said freedom of speech and expression should only be restricted when there is a threat to public order and national security, but not to punish individuals who were merely “ignorant” to the sensitivities of others.

“Freedom of speech would invite insult to religion… but it is not ground to restrict freedom of expression unless it is a threat to national security or public order,” civil liberties lawyer said recently.

“So it cannot just be because the religion is insulted, or rather, the followers of that religion felt insulted.

“There must be something more, something which threatens national security or public order…something that would require state intervention,” he added.

Article 10 of the Federal Constitution assures Malaysians the right to freedom of speech and expression, freedom of assembly and freedom to form associations.

But according to human rights lawyer Fadiah Nadwa Fikri, such freedoms in Malaysia have never been respected as absolute and often come with restrictions.

She said the blogger duo – Alvin Tan and Vivian Lee – had not likely meant to incite violence with their actions and were merely being mischievous.

“Maybe they were just being insensitive or ignorant…but it does not warrant prosecution at all,” Fadiah added.

Better known as “Alvivi”, a contraction of their two first names, 25-year-old Tan and Lee, 24, had stirred up a hornet’s nest last week when they posted a mock “Selamat Berbuka Puasa” (breaking of fast) greeting on their Facebook page that showed them eating “bak kut teh”, and describing the soupy pork dish as “wangi, enak, menyelerakan” (fragrant, delicious, appetising).

The picture also included a “Halal” logo, although the consumption of pork is forbidden to Muslims.

They were hauled in for questioning by the Malaysian Communications and Multimedia Commission (MCMC) last week, released and picked up again by the police on Thursday morning for displaying the picture deemed offensive to Muslims.

The same day, both Tan and Lee was slapped with triple charges under the Sedition Act, the Film Censorship Act and the Penal Code, not just for their Ramadan insult but for a previous offence of posting pornographic images on the Internet.

They claimed trial to the charges but were denied bail after prosecutors argued that setting setting them free would inspire them to repeat their offences.

The bail denial invited insult on the authorities, who were called out for allegedly practising double-standards.

Pakatan Rakyat (PR) lawmakers and civil society leaders argued that while swift and stern action was taken on “Alvivi”, the same treatment had not been accorded on others guilty of past racial slurs, like Perkasa’s Datuk Ibrahim Ali and Datuk Zulkifli Noordin.

Syahredzan said it was likely due to pressure from Muslim Malaysia that had led the government to act drastically.

Fadiah, however, accused the authorities of playing politics and attempting to manipulate voters.

Lawyers for Liberty co-founder Eric Paulsen agreed with the notion, saying the government should not flare up the situation and make an example of the blogger duo.

He labelled the swift action on “Alvivi” as an overkill, saying despite the duo’s insensitive actions, there was disproportionality, double standards, selectiveness and bad faith in their prosecution.