Rights lawyer urges IGP to halt investigation against Kadir

Source: The Malay Mail

Kadir previously disclosed that the government spent RM257 million for the Yang di-Pertuan Agong’s expenditure over 16 months. — Bernama pic

PETALING JAYA, June 7 — Police should not investigate Datuk A. Kadir Jasin for sedition and other “oppressive” laws that the government has said will be repealed, said lawyer Latheefa Koya.

Responding to Inspector-General of Police Tan Sri Mohamad Fuzi Harun’s disclosure that investigations against Kadir were initiated under the Sedition Act, the Communications and Multimedia Act, and the Penal Code, she said the police must act consistently with the government’s reform agenda.

“The IGP must realise that Malaysia is no longer governed by the oppressive BN regime which had previously persecuted the people for merely exercising their right to free speech.

“Whoever is affected by Kadir’s article should respond in a civilised manner and not resort to lodging police reports. It is also possible for these parties to file civil defamation suits but there is certainly nothing criminal in what he had written,” she said.

Kadir previously disclosed that the government spent RM257 million for the Yang di-Pertuan Agong’s expenditure over 16 months.

He wrote another entry today defending his earlier post, telling critics he only meant to show how royals need no assurances beyond what the Federal Constitution provides.

Group wants to see proposed Internet laws before Parliament debate

Source: The Malay Mail Online

Just last year alone, a total of 1,263 websites were blocked by the Malaysian Communications and Multimedia Commission. — File pic

Just last year alone, a total of 1,263 websites were blocked by the Malaysian Communications and Multimedia Commission. — File pic

KUALA LUMPUR, May 16 — The National Human Rights Society (Hakam) today urged the Attorney-General’s Chambers (AGC) to allow civil society to view its proposed amendments to Internet laws here before tabling them to the Dewan Rakyat.

In a statement, Hakam secretary-general Robyn Choi noted that the amendments to the Communications and Multimedia Act (CMA) 1998 have yet to be publicly revealed but were due for tabling in the current parliamentary meeting.

“Hakam fears that the proposed amendments will most likely have the effect of further stifling freedom of speech online through the usual means of (a) regulating online content; (b) licensing and registration requirements for news providers and bloggers; (c) additional enforcement powers; (d) widening the range of offences; and (e) imposing stiffer fines and harsher penalties for existing offences,” Choi said.

She claimed that over the past two years, Putrajaya has already been interfering with free speech through the increased blocking of media websites, the intensified questioning and arrests of activists, journalists, lawyers and even cartoonists over online content, as well as the passing of tougher laws regulating online expression.

Just last year alone, a total of 1,263 websites were blocked by the Malaysian Communications and Multimedia Commission (MCMC) while between January and February this year, a further 399 sites were blocked and 22 people called for questioning, Choi added. Read more

STATEMENT: Online Freedom and Bill to Amend the Communications and Multimedia Act 1998 (CMA)

pdfSTATEMENT DATED 16 MAY 2016

ONLINE FREEDOM AND BILL TO AMEND THE COMMUNICATIONS AND MULTIMEDIA ACT 1998 (CMA)

HAKAM views with disquiet the news reports that the government plans to further regulate the use of the internet, especially online media, through amendments to the Communications and Multimedia Act 1998 (CMA). The Bill to amend the CMA is expected to be tabled at the next Parliament sitting which commences on 16th May.

The specific CMA amendments sought have not been made public. HAKAM fears that the proposed amendments will most likely have the effect of further stifling freedom of speech online through the usual means of (a) regulating online content; (b) licensing and registration requirements for news providers and bloggers; (c) additional enforcement powers; (d) widening the range of offences; and (e) imposing stiffer fines and harsher penalties for existing offences.

In the past two years, the government had severely interfered with freedom of speech through increased blocking of media websites both local and international, intensified questioning and/or arrests of activists, journalists, lawyers and cartoonists over online content and the passing of a series of tougher laws with stiffer penalties for offences to do with online expression. Read more

STATEMENT: Online Freedom and Bill to Amend the Communications and Multimedia Act 1998 (CMA)

STATEMENT DATED 16 MAY 2016

ONLINE FREEDOM AND BILL TO AMEND THE COMMUNICATIONS AND MULTIMEDIA ACT 1998 (CMA)

HAKAM views with disquiet the news reports that the government plans to further regulate the use of the internet, especially online media, through amendments to the Communications and Multimedia Act 1998 (CMA). The Bill to amend the CMA is expected to be tabled at the next Parliament sitting which commences on 16th May.

The specific CMA amendments sought have not been made public. HAKAM fears that the proposed amendments will most likely have the effect of further stifling freedom of speech online through the usual means of (a) regulating online content; (b) licensing and registration requirements for news providers and bloggers; (c) additional enforcement powers; (d) widening the range of offences; and (e) imposing stiffer fines and harsher penalties for existing offences.

In the past two years, the government had severely interfered with freedom of speech through increased blocking of media websites both local and international, intensified questioning and/or arrests of activists, journalists, lawyers and cartoonists over online content and the passing of a series of tougher laws with stiffer penalties for offences to do with online expression. Read more

2015: Malaysians vs the law(s)

Source: The Malay Mail Online

Three_Laws_Recap_2015_graphics_620_366_100

KUALA LUMPUR, Jan 1 — While we are celebrating the new year, let us pause to take stock of how Malaysians appear to have been increasingly pitted against laws — those that are enforced, those that are ruled on, those that are created — meant to help keep the peace.

1. The triple whammy of laws for more power and less rights

* National Security Council Bill  (NSC)

Malaysians were taken by surprise and slapped rudely with a law where the government — backed by the full force of the state — will have Emergency-like or warzone-like powers against its citizens.

This law is aimed at securing a hazily-defined “national security” for the good of Malaysians, especially when there is a threat in an area that can be unilaterally declared a “security area” by the prime minister on the advice of the National Security Council. Read more

2015: The year of laws against the Rule of Law – Syahredzan Johan

Source: The Star Online

BY SYAHREDZAN JOHAN

The Palace of Justice in Putrajaya. It is the courts that should decide the best sentence to be imposed on a convicted person, taking into account the aggravating and mitigating factors of the case. - File pix

The Palace of Justice in Putrajaya. It is the courts that should decide the best sentence to be imposed on a convicted person, taking into account the aggravating and mitigating factors of the case. – File pix

THIS column will usually explore the legal events of the past year. But this year would be different. The focus of this article would instead be on the three controversial legislations passed by Parliament in 2015.

These legislations arguably are contrary to the Federal Constitution and breached the sacrosanct principles enshrined in the concept of the Rule of Law.

We start first with the amendments made to the Sedition Act. One would recall that a few years ago, the Government made a promise to repeal the Sedition Act.

However, it was retained, and this year, Parliament passed a law to amend the Sedition Act.   Read more

MEMORANDUM Berkenaan Cadangan Rang Undang-Undang Majlis Keselamatan Negara 2015

Bantah-Bil-MKNMEMORANDUM BERKENAAN
CADANGAN RANG UNDANG-UNDANG 
MAJLIS KESELAMATAN NEGARA 2015
Tarikh: 3 Disember 2015

Masyarakat sivil memandang berat dengan penuh keprihatinan berkenaan cadangan Rang Undang-undang Majlis Keselamatan Negara 2015 yang dibentangkan di Parlimen untuk bacaan pertama pada Selasa, 1 Disember 2015.

Rang Undang-undang ini memberi kesan yang buruk kepada rakyat Malaysia. Kami membantah cara ianya sedang digegas di Parlimen supaya diluluskan. Kesan Rang Undang-undang ini yang dikenakan terhadap rakyat Malaysia memerlukan pertimbangan yang lebih lanjut dan mendalam. Read more

MEMORANDUM on the Proposed National Security Council Bill 2015

Source: Mkini

Source: Mkini

MEMORANDUM ON THE PROPOSED
NATIONAL SECURITY COUNCIL BILL 2015
Date: 3 December 2015

Malaysian civil society organisations view with concern the proposed National Security Council Bill 2015 tabled in Parliament on Tuesday, 1.12.2015 for first reading.

This Bill has dire consequences for the people of Malaysia. We object to the manner in which it is being rushed through Parliament. The ramifications of this Bill that is being imposed on the people of Malaysia call for further and extensive consideration.

Read more

Malaysian Bar: Security Council law ‘insidious’, door to authoritarianism

Source: The Malay Mail Online

Malaysian Bar Council president Steven Thiru - Pic by Malaysiakini/Loh Jun Lin

Malaysian Bar Council president Steven Thiru – Pic by Malaysiakini/Loh Jun Lin

KUALA LUMPUR, Dec 3 — The proposed law to grant the government powers to arbitrarily declare security zones where laws and liberties do not apply is a “grave infringement” on the Federal Constitution, the Malaysian Bar said today.

Malaysian Bar president Steven Thiru further noted that the National Security Council Bill seeks to provide the government unfettered powers over virtually all the country’s institutions and state governments in the event that a threat to “national security” is declared.

Such powers would also usurp the authority of the Yang diPertuan Agong as it would remove the necessity to seek his consent to declare what would amount to a state of emergency in locations designated “security areas” by the council, he added.

“[We] would remind the government that it has more than enough laws giving it more than enough draconian powers to address security concerns. Read more

‘NSC Bill gives dictatorship powers to a desperate politician’ – Institut Rakyat

Source: MalaysiaKini

Source: Mkini

Source: Mkini

Sweeping powers proposed for the prime minister under the National Security Council (NSC) Bill 2015 raises alarm, given the tenuous political standing of Prime Minister Najib Abdul Razak, PKR think-tank Institut Rakyat says.

The bill, which allows the NSC to declare a place a “security area” and impose emergency-like conditions, must be pushed through today if it is to be passed by the end of this parliamentary session.

“We should all bear in mind that a caretaker prime minister facing defeat in an election can still activate the powers granted to him by the NSC Bill.

“Without functional institutions of executive accountability, without leadership based on responsibility, Malaysia’s parliamentary democracy is in grave jeopardy,” Institut Rakyat director Yin Shao Loong said in a statement today. Read more