Unlawful & oppressive for PM Anwar Ibrahim to use MCMC to protect his personal reputation

Is it the law now that the PM cannot be criticised? It is appalling that this is happening under a ‘reformist’ PM who once spoke reverently on the right to free speech. Yet, he now indiscriminately uses enforcement authorities against his critics, utilising the very laws that he once solemnly promised to repeal.

Zaid Malek

Prominent civil rights activist, Hishamuddin Rais, or more commonly known as Hisham Rais, has been hauled up for investigation under section 233 of the Communications and Multimedia Act 1998 (“CMA”) for writings on his blog that is critical of Prime Minister Anwar Ibrahim.

He was served a notice and was ordered to Brickfields police HQ yesterday afternoon to have his statement recorded. During the course of investigation yesterday, his house was also subjected to a raid; around 8 – 10 officers from police and MCMC participated in the search of his house. This was clearly a strong-arm tactic to intimidate Hisham.

The investigation against Hisham is an outrage. Section 233 of the CMA is an oppressive, draconian law which the PH political coalition led by Anwar had promised to repeal. Instead, they are wielding section 233 against a veteran and respected civil rights activist who once stood shoulder to shoulder with Anwar Ibrahim and other PH leaders for a better Malaysia.

The investigation is a farce as it is clear that the writing Hisham is being investigated for was not written by him, but is a republication of a writing by someone else.

Crucially, the writing that was the subject of the investigation were criticisms against the PM. Is it the law now that the PM cannot be criticised? It is appalling that this is happening under a ‘reformist’ PM who once spoke reverently on the right to free speech. Yet, he now indiscriminately uses enforcement authorities against his critics, utilising the very laws that he once solemnly promised to repeal. Are we now emulating North Korea or China where the leader is above the rule of law?

If the PM feels that he has been defamed by said writing, he must file a civil suit like all other citizens.  He holds no special position under the law and he is not entitled to have his personal reputation protected by public funded enforcement authorities. It is a gross abuse of power and a waste of taxpayer’s money for enforcement authorities to be using resources to preserve the PM’s personal reputation.

I demand that this politically motivated probe against my client Hisham Rais be dropped immediately. The government cannot keep silent while the enforcement authorities act against government critics in this manner. If the government remains silent, then they are complicit in this.

The right thing for the government to do is to make a policy decision to suspend the usage of section 233 pending repeal. Let Hisham’s persecution be the last under the notorious section 233 of the CMA.