The investigation under 124B of the Penal Code for Bloomberg’s report on MACC corruption is an affront to freedom of speech and the principles of democracy
We refer to the statement issued by the Inspector General of Police earlier today stating that the police are investigating an influential individual for undermining political democracy under Section 124B of the Penal Code with the help of an international media organisation.
It is obvious to everyone in the country this refers to the massive exposé by Bloomberg news of the alleged corporate mafia/corruption in the MACC. There has been tremendous pressure on the government to form an RCI and thoroughly investigate Bloomberg’s expose. It is in the midst of this that suddenly there is this incredible claim of a local person conspiring with Bloomberg news.
Section 124B of the Penal Code, which is an offence introduced into the Act in 2012, is the “offence” of committing activity, either directly or indirectly, that is ‘detrimental to parliamentary democracy’. The term ‘activity detrimental to parliamentary democracy’ is defined under Section 130A as activities ‘designed to overthrow or undermine parliamentary democracy by violent or unconstitutional means.
It is not by accident that Section 124B of the Penal Code was created shortly before the infamous Security Offences (Special Measures) Act 2012 (“SOSMA”) was enacted.
There can be no pretence that Section 124B was enacted as a brutal means to intimidate and clamp down on dissent. The public can attest to its inherent draconian DNA when it was proactively utilised against government critics; it was barely a little over a decade ago that this provision was actively weaponised for that very purpose. Among those who fell victim to this oppressive law were those who demanded investigation and justice on the 1MDB such as activists, civil society members including members of Bersih, members of the media and government critics.
Surely Anwar does not suffer from any memory lapse over the oppressive nature of this law. Tony Pua and Rafizi Ramli famously were also probed under Section 124B for their outcry on the 1MDB scandal. Even if he no longer has access to them, Adam Adli, who is currently a Deputy Minister, could probably recount first hand his arrest under the provision in 2013.
It is disappointing that this came about in the year where the government purportedly promises to focus on the reform agenda. The investigation over this individual, who purportedly highlighted the issues of corruption within the MACC and Azam Baki’s involvement, is preposterous; issues of corruption are matters of public interest and rightly should be brought to the attention of the public who then should be free to discuss it. Freedom of expression is enshrined within Article 10(1)(a) the Federal Constitution for exactly this purpose, which means that the existence and continued use of Section 124B of the Penal Code is unlawful, unconstitutional and entirely antithetical to any concept of reform.
Whilst acknowledging the unconstitutionality of Section 124B of the Penal Code, it is also important to highlight that Azam Baki and the MACC are not parts of ‘parliamentary democracy’ in any sense, making this investigation entirely baseless even within the confine of its intended use.
For all of Anwar’s supposed strong stance stating his deploration of corruption, it seems to stop short when it comes to Azam Baki. In any event, the Prime Minister who should not be the only one who has the right to speak or dictate public discourse regarding corruption in this country.
In the spirit of upholding freedom of expression and staying true to the reform agenda as well as the fight against corruption, this government should immediately halt the baseless investigation of the individual under the clearly unconstitutional Section 124B of the Penal Code. Should the government fail to do this, it would be Anwar himself and all other members of the current administration who should be held responsible for acts violence to the principles of democracy.
Issued by,
Zaid Malek
Director
Lawyers for Liberty