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REPRESSIVE LAWS SHACKLE PRESS FREEDOM

Decades of repressive laws and ownership by Malaysia's ruling political parties have created a climate of self-censorship in news rooms and severely hampered the media's ability to play its role as the public's watchdog, said the Southeast Asian Press Alliance (SEAPA) in report released last week.

SEAPA was responding to comments made by Malaysian Prime Minister Abdullah Ahmad Badawi, who told CNN on 14 October 2006 that "the Malaysian press have freedom" and are "not tightly controlled."

Numerous laws make it extremely difficult for journalists to report freely and have fostered a climate of fear among the press, says SEAPA. The Printing Presses and Publications Act (1984) requires that all periodicals obtain a permit from the internal security minister before they can publish. The permit is subject to renewal annually and can be revoked without judicial review.

The Sedition Act (1948) criminalises any speech that has a "seditious tendency." Those found guilty can be jailed for up to three years or fined RM5,000 (approx. US$1,360).

The Official Secrets Act (1972) allows for official documents, information or materials to be classified as top secret, the reasons for which cannot be questioned in court. Six people, including two journalists, have been convicted under the act since 1978. In 1986, the act was amended to remove judicial discretion in sentencing, mandating a jail sentence ranging from one to seven years.

The Internal Security Act (1960), among others, empowers the police to prohibit the publication, circulation and possession of subversive publications or documents that incite violence, breach of laws, breach of peace and which are prejudicial to the national interest or security of the country. It also allows for detention without trial of persons deemed a threat to national security.

Finally, the Defamation Act (1957) has been used to sue almost every newspaper and television station between July 2000 and March 2001. Legal actions of up to RM100 million (approx. US$27 million) have been filed against the press. In July 2000, a business tycoon won record-high damages of RM7 million (approx. US$2 million).

Visit:

- SEAPA: http://tinyurl.com/ydurub
- Centre for Independent Journalism: http://www.cijmalaysia.org
- Malaysiakini: http://www.malaysiakini.com/
- Writers Alliance for Media Independence: http://www.wami528.com/