[The Malaysian Prime Minister Najib Razak on 15 September announced that the government will cancel the requirement for annual publishing permit, repeal the law for detention without trial (Internal Security Act- ISA) and three emergency declarations, in a move signaling democratic reform since the crackdown on the Bersih rally on 9 July. Below is a media statement by the Centre for Independent Journalism (CIJ), on the matter. ]
1. Under Section 5 of the PPPA, the Malaysian government still holds power over permits to publish newspapers. The Home Minister has sole power to grant or deny applications, revoke permits which have been issued (which according to the PM’s announcement will not have to be renewed annually), and set conditions before issuing them. There is no recourse to judicial review of the Home Minister’s decisions regarding the permits.2. Under Section 3 of the PPPA, the Home Minister controls the licences to use printing presses.3. Under Section 7 of the PPPA, the Home Ministry controls all publications (defined as books, articles, music, photographs, caricatures, reports, notes etc) in the country and can issue bans on those it deems “undesirable”.
And while the Malaysian Government’s support for the setting up of a “self-regulatory” press council in a meeting with print editors yesterday sounds promising, CIJ is cautious about the Najib administration’s seeming about-turn which contradicts the various attempts over the years, as recent as 25 July 2011, to establish a state-led media council.
The government’s unreformed position when it comes to freedom of expression is reflected in its response to the court challenge by online newspaper “Malaysiakini” to the Home Ministry’s rejection of its application for a publishing permit. Deputy Home Minister Abu Seman Yusop in his affidavit-in-reply filed on 12 September, said permits were a “privilege”, and the denial of permits cannot be equated to denial of the right to free speech. This position ignores the people’s right to information, especially those who do not have Internet access and are thus deprived of alternative, freer media that can afford a more critical perspective.
The Prime Minister also needs to clarify whether the government still plans to widen the scope of the PPPA to include online media (last reported on 10 March) in apparent contradiction to its much-touted commitment to Internet freedom.
Lastly, if Malaysian society and the media landscape is to be transformed, reforms have to be comprehensive and it requires major changes in the letter as well as spirit of various laws, such as the Sedition Act 1948, and the Penal Code provisions for criminal defamation. It also requires a paradigm shift that will see broad-based reforms on democratic and human rights, the most crucial of which is to restore judicial independence and introduce police accountability.
Issued by Centre for Independent Journalism. For more information, contact firstname.lastname@example.org or call 03-4023 0772.
The Centre for Independent Journalism, (www.cijmalaysia.org) is a SEAPA associate member based in Kuala Lumpur, Malaysia. It is a non-profit organisation that aspires for a society that is democratic, just and free, where all peoples will enjoy free media and the freedom to express, seek and impart information.
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