IS THERE

FREEDOM OF
PRESS IN
MALAYSIA?
By
PARVEEN GILL
(former journalist, The Star/Malay Mail)
Dpt. Of Modern Languages
SHAHPUTRA COLLEGE
Tan Sri Harun Mahmud Hashim

Former vice-chairman of the Human Rights Commission of Malaysia

(Suhakam)

Freedom of Speech, Communication and the Press wrote:

“In any democratic country, media freedom is equated with freedom of
expression. This freedom would normally be enshrined in the national
constitution as a right, not a privilege. Article 19 of the Universal
Declaration of Human Rights states that ‘Everyone has the right to
freedom of opinion and expression; this right includes freedom to hold
opinions without interference and to seek, receive and impart information
and ideas through any media and regardless of frontiers’.” April 2008
WHAT IS MALAYSIA’S
RANKING IN THE
ANNUAL PRESS
FREEDOM INDEX?
The Reporters Without Borders (RSF) Press Freedom Index: (169
countries)

124th in 2007 ABDULLAH AHMAD BADAWI’ ERA

92nd in 2006
113th in 2005
122nd in 2004
104th in 2003 DR MAHATHIR’S ERA
110th in 2002

What can we be proud about?

Malaysia (124th), Thailand (135th), Egypt (146th) and Vietnam (162nd)

Are we better than Combodia in 2007?

Malaysia 124th Combodia 85th

Zainah Anwar

Executive Director of Sisters in Islam

Freedom of Press in Malaysia

“I tell friends that my one wish every year is to wake up in the

morning and read just one newspaper as my main source of
information about Malaysia, instead of having to scour
through newspapers, magazines, online news and
blogosphere to find out what is truly going on in this country
and how people feel about a issue.” Aug 2007
Picture 2
Picture 2
IS THE GOVERNMENT REALLY
SERIOUS ABOUT PROMOTING
REEDOM OF PRESS?
Uphold the truth, Abdullah tells media

PM: Media must report boldly

PUTRAJAYA: The media must not be afraid of honest reporting while

upholding truth and justice, said Prime Minister Datuk Seri Abdullah
Ahmad Badawi.

He said the media should also not feel apologetic when reporting the
facts.

“Hold strongly to the principles of truth as the credibility of an

institution depends on it,” he said, adding that communication technology
and channels could be used both constructively and destructively.
Abdullah said the two could be used as instruments to uphold principles of
justice while spreading only the facts.
“News content with negative elements that spread lies and slander will only
bring about disunity and destruction,” he said when launching Bernama Web
TV, South-East Asia’s first live Internet news channel, at the Prime Minister’s
Office here yesterday.
Cont…..
Bernama Web TV can be accessed at www.bernama-tv.com. It is a
version of the 24-hour news channel available on Astro Channel 502
and is provided free.
Abdullah hoped that the Internet news channel which would bring real
time news, would become the top choice for people wanting accurate
news throughout the world.

“This service will help foreigners and Malaysian students abroad to

follow the developments in the country,” he said.

Abdullah said that faced with a very challenging world economy and
the people feeling the pressures of life, it was most important that the
Government’s efforts and proactive measures be well disseminated.

Realising the importance of effective communication, he said, news of

the Government’s efforts would also help increase the people’s
appreciation towards it.

BERNAMA
Thursday September 4, 2008
 WHY ARE MALAYSIAN
JOURNALISTS CRYING FOUL?
During the American Reveloution, a free press was identified by Revolutionary leaders
as one of the elements of liberty that they sought to preserve. The Virginia Declaration
of Rights (1776) proclaimed that "the freedom of the press is one of the greatest
bulwarks of liberty and can never be restrained but by despotic governments."
Similarly, the Constitution of Massachusetts (1780) declared, "The liberty of the
press is essential to the security of freedom in a state: it ought not, therefore, to
be restrained in this commonwealth."

Following these examples, the FIRST AMENDMENT to the UNITED STATES

CONSTITUTION restricts congress from adriging the freedom of Press and the closely
associated freedom of speech.

What does it mean?
In  the  Unites  States  of  America,  the  government  cannot  act  in  advance  to  stop  you  from 
saying,  printing,  or  broadcasting,  but  can  hold  you  accountable  afterwards.    In  Malaysia, 
journalists  and  newspapers  face  legal  and  extra  legal  challenges  that  make  it  difficult  if  not 
impossible to report fair and accurately, without fear.
WHAT ARE THE PROBLEMATIC
LAWS HINDERING JOURNALIST
FROM CARRYING OUT THEIR
DUTIES WITH FEAR?
 1. Official Secrets Act allows for official
documents, materials or information to be
classified as top secret, for reasons that cannot be
questioned in court.
In Malaysia, getting the information one needs is often a tedious affair and
can be downright frustrating not just for journalists but for the man in the
street because there are no Freedom of Information (FOI) laws.

Since the mid-1970s, there have been calls for FOI laws. DAP Member of
Parliament Lim Kit Siang tried, unsuccessfully, to move a Private Member’s
Bill on FOI in 1976. Ten years later, a public campaign against amendments
to the Official Secrets Act took place. And since Suhakam was set up in
1999, several groups, including journalists, have called for the right to
information. TO DATE THE CALL FOR FOI HAS FALLEN ON DEAF EARS.
Zainah on why the Official Secrets Act should be repealed:

“… One of the most progressive Right to Information acts was

passed by the Indian parliament in 2005 which enables a
citizen to ask for information from the central government
or local authorities and even to inspect public works and
take samples.”

Every public authority must have a public information officer who

must respond to citizen’s request for information within 30 days,
or if the request concerns the life or liberty of a person, within 48
hours.
Why does Malaysia need a freedom of information law?

There are strong links between an open government and a country’s corruption
level. Notice the number of Scandinavian countries that are on Transparency
International’s recent rankings of the Top 10 least corrupt nations.
“…the countries which are the most corrupt-free, such as Scandinavian countries,
have FOI laws and high levels of openness.”
Tunku Abdul Aziz Tunku Ibrahim
Former president
Transparency International Malaysia

Without FOI laws, governments—whether federal, state or local—are under no

compulsion to reveal information and as such, cannot be held accountable. The
upshot is that corruption festers.
1. 1957 Defamation Act has allowed for legal action against nearly every
newspaper and television station between July 2000 and March
2001. High-priced law suits, of up to about US$27 million, have been filed
against the press.

3. 1960 Internal Security Act is one of several which allows the police to
prohibit publication, circulation, and possession of subversive
publications or documents that incite violence, breach of law or peace, or
which jeopardize the country’s national interest or security. It also allows
for detention without trial of people deemed a threat to national security; a
Malaysiakini columnist was detained for two years under this act in
2001.
THE PRINTING PRESSES AND PUBLICATIONS ACT 1984
 Wednesday, 10 May 2000

“The Printing Presses and Publications Act 1984 empowers the Minister of Home Affairs
in his absolute discretion to grant to any person a permit to print and publish a newspaper in
Malaysia. The maximum period for which a permit is granted under the Act is 12 months. Any
decision of the Minister to refuse to grant or to suspend a permit shall be final and shall not
be called in question by any court on any ground whatsoever. Under the Act no person shall
be given an opportunity to be heard with regard to his application for a permit.”

“...Whatever may have been the wisdom behind such unparalleled legislative provisions in
the past, it cannot be justified in the current environment in which the Government is encouraging
the development of the Multimedia Super Corridor in which it is virtually impossible to impose
censorship.”

Haji Sulaiman Abdul

President
Malaysia Bar Council

(The Malaysian bar council Public statement on press freedom in Malaysia/ May 10, 2000)
IMPLICATIONS:

Every year, media representatives have to obtain a permit to

print and publish their newspapers. If they by any chance have
not adhered to the government’s expectation of them, their
permit will not be renewed. The Home Ministry does not need to
explain the reason for rejection. If newspapers do not obtain
permits from the ministry, the cannot print and publish their
newspapers.
CASE IN POINT:
Wednesday April 16, 2008
Tamil daily Makkal Ossai suspended

“KUALA LUMPUR: The Home Ministry has decided not to renew the
publication permit of Tamil daily Makkal Osai. The newspaper's general
manager S.M. Periasamy said that they were informed of the decision by a
telephone call from the Home Ministry Wednesday morning. "When I went to
the ministry to check if this was true, they handed me the letter rejecting the
renewal of our licence," he said. The letter did not state any reasons for the
rejection.”
IMPLICATIONS:

3.Any journalist, who fails to disclose their source when

questioned by police is deemed to have committed an offence
in law for obstructing a police officer from conducting
investigations. It is a crimical offense punishable by two years in
prison and possible fine.

5.Any journalist, who is summonded to court for an article that

has been written and published by court, must disclose
information about their sources if the judge requires them to do
so. A journalist can chose not to but would be held liable for
Contempt of Court. An imprisonment sentence will be passed.
CASE IN POINT:

1. January 2008
Syed Jaymal Zahiid, a correspondent for the online news
provider Malaysiakini was arrested and charged for obstructing a
police officer while he was covering a demonstration protesting
high food costs in Kuala Lumpur in January 2008.
Pending Criminal Case on June 14
2. December, 2001
The Sun newspaper had front-paded an acticle about the alleged assaissination plot
againt (the then) Prime Minister Datuk Seri Dr Mahathir Mohammad and Home
Minister Abdullah Ahmad Badawi, courting police sources, on December 25, 200.

Dec 26 - PM and DPM denied report saying story could potentially damage Malaysia's
international reputation and discourage foreign investment.
The same day, officials at the Ministry of Home Affairs called a meeting with The Sun’s
chief news editor, Robert Ho.

Dec 26, editor-in-chief H'ng Hung Yong resigned.

Dec 27, The Sun published a retraction. Robert Ho, reporter R. Manirajan, and
photographer Anita Mohamad Nasir had been suspended.

Dec 27, another senior editor named Andy Ng resigned from the paper to protest
the suspension of his colleagues. The Board of Directors appointed a shareholder with
no editorial experience to replace Ng. The new editor then suspended the managing
Editor Cheng Chong Hai. Ng and the other editors have consistently stood by
the December 25 story, saying that government officials verified the report.
DEFAMATION

In Malaysia, as well as other countries in the world, journalists

are subjected to defamation suits. This is not criminal by nature
but civil and if a judge rules that statement have been
defamatory, the judge usually will instruct the newspaper, and
not the journalists, to pay a certain amount of damages to the
plaintiff. However, in most cases there are repercussions for the
journalist. (see extra legal). In Malaysia, everyone seems to sue
the newspapers and there is nothing to prohibit them from filing
a defamation suit even though the court may struck out the suit.
IMPLICATIONS:

Anything said (verbal) or done (written) can be used against a journalist or a

publications if:
•it is a false statement about a man to his discredit
•it exposes him to hatred, ridicule or contempt
•cause a person to be shunned or avoided
•has a tendency to injure him in his office, professional or trade
•lends to lower the person referred to in the estimation of right thinking
members of society in generally
In the circumstances a direct accusation by one party against the other
however obnoxious or painful it may be to the person addressed in the
absence of a third party or so long as it is not conveyed to a third party will
not give rise to cause of action in defamation.
CASE IN POINT:

1. Datuk Sharifah Aini Syed Jaafar filed a defamation suit against former
entertainment journalist Fauziah Mohd Johar or Zieman in April 2004 over
remarks made in a conversation with journalist Saodah Ismail of the
Agendadaily about the “Johor Ghazal Symphony Concert with Sharifah Anin
at Istana Budaya.”
Oct 29, 2008 High Court struck out suit.

2. MP for Pokok Sena Mahfuz Omar filed a similar suit against Utusan
Melayu Berhad for publishing libelous words in the heading of Utusan
Malaysia newspaper, headline: “Demonstrasi-Mahfuz istihar bersame
Keadilan” on March 4, 2001.
Dec 23, 2008 High Court awarded RM120,000 as damages for libellous words
published against him.
 •In Oct 1994, the High Court awarded RM7mil libel award to a business
tycoon Vicent Tan over articles published in a local magazine. The defendants
were journalist M G G Pillai (2 million), editor Hassan Hamzah (3 million), publisher 
Media Printext (2 million), printer Ling Wah Press (1 million) and three other 
individuals (2 million) for defaming Tan in four Malaysian Industry magazine 
articles. 

''Low and cheap awards will only send a wrong signal and will become a license 
to libel the respondent and other people with impunity,'' 
           Chief Justice Eusoff Chin

''The implications of this judgment on journalism, already parlous in this country, 
and journalists, are horrendous. It reduces them to being public relations officers to 
the high and mighty. It will now be harder for journalists to probe the often unhealthy 
nexus between politics and business.”
Journalist M G G Pillai
THE INTERNAL SECURITY ACT 1960

Preventive detention first became a feature of the then Malaya in 1948

primarily to combat the armed insurgency of the Malayan Communist Party
during the Malayan Emergency.

The Emergency Regulations Ordinance 1948 was made, following the

proclamation of an emergency, by the British High Commissioner Sir Edward
Gent. It allowed the detention of persons for any period not exceeding one
year.
The 1948 ordinance was primarily made to counter acts of violence and,
conceivably, preventive detention was meant to be temporary in application.
The emergency ended in 1960 and with it ended the powers contained in the
that ordinance as it was repealed.

The power of preventive detention was however not relinquished and in fact
became an embedded feature of Malaysian law. In 1960 itself, the
government passed the Internal Security Act under Article 149 of the
Malaysian Constitution. It permitted the detention, at the discretion of the
Home Minister, without charge or trial of any person in respect of whom
the Home Minister was satisfied that such detention was necessary to
prevent him or her from acting in any manner prejudicial to national
security or to the maintenance of essential services or to the economic
life in Malaysia.
IMPLICATIONS:

Anyone including journalist can be arrested without trial and

there is nothing anyone can do about it. Worse, they do not have
to threaten national security.
CASE IN POINT:

On Sept 13, 2008, Sin Chew Daily reporter Tan Hoon Cheng was arrested
under the Internal Security Act (ISA) in Penang. The reason for her arrest
under ISA was because she had writen an article, reporting that former Bukit
Bendera Umno division chief Datuk Ahmad Ismail had made racist
remarks while campaiging for the Permatang Pauh by-election. Lee
Kelvin from Guang Ming and Tan Ming Xau from Nanyang Siang Pau had
vouched for the accuracy of Tan’s report.

“While we may want to be popular, freedom without responsibilities has

famications. We have to take action to protect the wishes of the majority.”
Home Minister Datuk Seri Syed Hamid Albar
This had caused uproar among Malaysians including ministers,
opposition leaders, the media, Non-government organisations
and the National Bar Council.

Tan was released 16 hours later (although she could have

been detained for 60 days) and the Home Minister tried to justify
her arrest saying that her security was under threat.
The media of Malaysia include television, radio, newspapers and wed-based
media such as bloggers. Many media outlets are either owned directly by the
government (e.g Bernama) or owned by component parties of the Barisan
Nasional coalition government (e.g the Media Prima group, which is owned
by the United Malays National Organisation).

There are over 30 newspapers and tabloids published mainly in Malay,

English, Chinese and Tamil. The most prominent newspapers include the
The Star, New Straits Times, Berita Harian, Utusan Malaysia, Sin Chew Jit
Poh and Nanyang Siang Pau.
 State-owned RTM operates two free-to-air terrestrial local television channels
licensed to broadcast in Malaysia, as well as 32 radio channels nationwide.
Meanwhile, Media Prima is the parent company of four television channels and two
radio channels

The Star MCA

The New Straits Times UMNO
The Malay Mail UMNO
Berita Harian UMNO
Harian Metro UMNO
Utusan Malaysia UMNO
Kosmo! UMNO
Nanban MIC
Nanyang Siang Pau MCA
Sin Chew Jit Poh MCA
Guang Ming Daily MCA
China Press MCA
TV3 UMNO
RTM 1 UMNO
RTM 2 UMNO
NTV 7 UMNO
2. The other media:

Harakah (newspaper) PAS

Malaysiakini (on-line portal) PKR
Keadilan (newspaper) PKR
Rocket (newsletter) DAP
 TO WHAT EXTEND DOES THE ‘EXTRA
LEGAL LAWS’ AFFECT JOURNALISM IN
MALAYSIA?
 “But Ng was standing by the story, saying that it was
checked above and beyond the norm for weeks before it was
published.

"We spoke to a deputy minister and a deputy press

secretary on this matter ... but no one, among those whom
we checked with, said we cannot run it." said News Editor
Andy Ng.

Dire Straits – Cold off the Press
Jan 4, 2002
On­line Asia Times
DEC 29, 2001:
"PM satisfied ­ with resignations of the Editor­in­Chief and the Editor 
of The Sun” 
­satisfied with the top­level editorial resignations in the Sun. There 
should be no criminal prosecution of any kind arising from the incident 
but a full explanation as to how such a front­page story came to be 
published by senior and experienced journalist cannot be accused of 
being anti­national elements would be the conditions and culture under 
which Malaysian journalists have to work.

DEC 30, 2001:
"DPM accepts The Sun's apology".
Malaysian Leader Won't Lift Shutdown of a Popular Daily
THE NEW YORK TIMES

November 8, 1987
LEAD: The Government of Prime Minister Mahathir Mohamad
has rejected an appeal by The Star against the shutdown of the
popular English-language daily on Oct. 28.

The Government of Prime Minister Mahathir Mohamad has

rejected an appeal by The Star against the shutdown of the
popular English-language daily on Oct. 28.
The Star as well as The Sunday Star, the Chinese-language Sin Chew Jit
Poh and the Malay-language weekly Watan were ordered to cease
publication with no cause given. The Government also arrested 93
political, religious and public-interest critics.

The Prime Minister told reporters in Kuala Lumpur Friday that the press had
been contributing to racial tensions in Malayasia by printing too much
on sensitive topics, according to the official press agency.

The press agency, Bernama, reported that Prime Minister Mahathir, in

rejecting The Star's appeal, had said the Government ''would continue to
practice its liberal and open policy, but this should not be taken to mean
people could do or say what they liked.''
 THERE SHOULD BE NO PROBLEMS
BECAUSE BOTH SIDES ARE REPORTING ON
THEIR ‘MASTERS’
“That is so wrong. As long as newspapers are ‘owned’ by the
government or the opposition, there will never be freedom of the
press. It would be a classic case of a pendullum. The pro-
government media agencies will of course report nice things
about the government and ‘the anti-government’ media will write
not nice things about the government and how they have been
‘ill-treated’. Both sides will be reporting to the extreme sides to
please their so-called ‘masters.’
“We are in the 21st century and while it is true that information is
available at our finger tips, people just don’t have the time to
read all the papers and websites. And even if they do, they
would be some-what confused of which media is reporting the
truth.

“Unlike the United States, all media corporation are private by

nature so balance reporting is permisseable and expected from
journalists.
“We have a long road ahead of us. We have not even won 10 %
of our battle and until and unless, ‘journalist are media owned’
instead of government or opposition owned, journalists in
Malaysia will always be subjected to demoralising remarks made
by the public about their partiality in reporting.”

An Associate Editor
Mainstream Media
Feb, 2009