Drop probe against reporter

HAKAM (National Human Rights Society) strongly condemns the action taken by the police against a Malaysiakini journalist who did little more than faithfully report the statements of a Barisan Nasional politician uttered in a public forum, canvassing for votes in the Sarawak elections.

The police have initiated an investigation under Section 505 (c) of the Penal Code for the offence of causing public mischief. Those convicted may be jailed up to two years, or fined, or both.

This seems to be part of a now-familiar pattern of sustained harassment of the media – by action under the Penal Code or the Sedition Act. This undermines in a fundamental way press freedom – a fundamental component of a functioning democracy.

We are in accord with the statement by the Centre for Independent Journalism Malaysia that the responsibility for any breach of Section 505(c) should lie with the person whose statement was reported. The BN candidate said his statement was taken out of context. But as the attorney-general recently advised journalists who accurately reported what was said only to have the speech-maker deny it as accurate or that it was taken out of context, to sue the deniers.

The police should be well-advised to listen to this advice. The truth or otherwise of the statement should be tested in the usual way under the rule of law – by an action brought by the speaker.

We also join the regional media groups - the South-East Asian Press Alliance and Forum-Asia who have denounced this move as the latest in a long series of actions by the authorities to control an independent news and information, especially those which cast them in a critical light.

Gurdial Singh Nijar Deputy President Hakam