Press Statement
Criminal investigations by MCMC against members of public for alleged ‘cyber-bullying’ of parliament is high-handed, unlawful & absurd
18 July 2024
We refer to MCMC’s statement yesterday that they are investigating members of the public for making alleged “offensive comments” on social media in relation to the parliamentary session which they claim is to “curb the widespread phenomenon of cyberbullying in society.”
Any reasonable person can see that it is far-fetched, illogical and absurd to connect cyber bullying with comments made on parliament. Parliament is a public institution. It cannot be cyber-bullied.
Who then is being cyber-bullied? Is it the institution of parliament or the MPs who sit in it? Which MP has claimed that he has been cyber-bullied? MCMC’s statement provides no explanation whatsoever as to how making comments on parliament amounts to cyber bullying.
This then appears to be yet another high-handed and unlawful attempt by the MCMC and government to justify cracking down on public criticism by using the recent public debate on cyber bullying as an excuse.
Through the threat of criminal action and investigation against the people for criticising and commenting on parliamentary proceedings, the PH-led government has yet again shown a complete disrespect to the constitutionally guaranteed right of freedom of speech contained in Article 10(1)(a). It has continuously used section 233(1)(a) of the Communication and Multimedia Act to quell criticism of the government. And now the government and MCMC appear to be leveraging on a recent tragic case of cyber-bullying which lead to a death, to justify going after critics. This is shameful.
Let us make this very clear. To criminalise criticism or comments on conduct of parliamentary proceedings or against any MP is to misunderstand the very basic purpose for which the Parliament was established. Parliament is the grand inquest or sounding board of the nation, which functions for the benefit of the people. Parliament cannot treat the public as it’s enemies and lodge police reports against them. People have a democratic right to criticise parliament and the MPs who make up parliament.
Thus, the notion MPs can cower behind claims of being “cyberbullied” is a laughable one that cannot pass muster in a democratic nation. Those who hold office are subject to public scrutiny, and they must embrace criticism just as they do praise.
If left unchecked, this latest action of MCMC will be the beginning of a descent into tyranny. Many people are already being investigated, and more are sure to come as parliament or MPs or their proxies are emboldened to threaten criminal action against critics. We note with disappointment that even the Dewan Rakyat Deputy Speaker Ramli Mohd Nor has lodged a police report against a social media account user.
It is government’s duty to uphold the constitutionally guaranteed rights of all Malaysians to free speech, and as such, they must immediately halt any ongoing investigations against the individuals under section 233(1)(a) of the CMA for purported cyberbullying of parliament or MPs. It is a mockery of democracy and makes our country a laughing stock of the international community should we use the criminal law to protect elected MPs from harsh words or criticism or satire for their actions in office.
Issued by:
Zaid Malek
Director
Lawyers for Liberty