MCMC’s police report against writer Murray Hunter is high-handed and has a chilling effect on freedom of speech

If any criticism is unfounded, it is open to them to respond and clarify. It is not open to them to file criminal complaints against legitimate criticism.

Lawyers for Liberty

We refer to action of the Malaysian Communications and Multimedia Commission( MCMC) in lodging a police report against well-known writer Murray Hunter over his claims that the MCMC has become ‘politicised’ under the current government.

It is unnecessary and high-handed for a public body to resort to lodging police reports for ‘defamation’ as if they were a private person. A public body, funded by tax-payers monies, has no business to complain of defamation. They must accept public criticism, even if it is harsh, as they are public servants. If any criticism is unfounded, it is open to them to respond and clarify. It is not open to them to file criminal complaints against legitimate criticism.

Further, it highly unfair for a member of the public to be faced with a police complaint from a major public body such as the MCMC. There is no equality of arms or equal playing field here. Can Murray Hunter expect a fair investigative process in these circumstances?

Freedom of speech and expression, protected under article 10(1)(a) of the Federal Constitution, is one of the pillars of our democracy. This right must be especially protected is when the public voice dissent or criticism against the government or public institutions.

Communications Minister Fahmi Fadzil must take full responsibility for the actions of the MCMC in lodging police reports against the public over legitimate criticism. His repeated denials that freedom of speech has been stifled under the current government rings hollow in light of this oppressive conduct of the MCMC, which is an institution under his own Ministry.

The government cannot keep claiming that they are reformists when they keep using the same authoritarian playbook, and wield oppressive laws against critics. Freedom of speech and expression will be rendered illusory and meaningless if the government takes criminal action against anyone criticising them or public bodies. We urge the government to arrest this plunge into authoritarianism and uphold the constitutionally guaranteed right of freedom of speech and expression.