KUALA LUMPUR – Lawyers for Liberty director Zaid Malek says it is unconstitutional to take action against people for expressing their freedom of speech.
In a statement earlier, he said citing a constitutional fact or criticising the conduct of anyone in the government is an exercise of free speech that cannot in any way be construed to be an act contrary to national security, public order or morality.
“By allowing Lim Kit Siang to be investigated and Jay Jay Denis to be charged in court, the federal government is in direct violation of the federal constitution and is sending an unhealthy message that they are beyond criticism and reproach,” he added.
His comments come in the wake of the recent investigation into the veteran DAP leader and the charges against Denis, a special officer to Selangor Menteri Besar Datuk Seri Amirudin Shari.
Zaid said police’s actions in both of these instances are an affront to the constitutionally guaranteed right to freedom of expression under Article 10(1)(a) of the federal constitution.
“This right is strong and entrenched and can only be limited in very limited circumstances as stipulated under Article 10(2)(a), such as when it affects national security, public order and morality.
“Kit Siang, whose statement is accurate in accordance with the constitution, was merely stating a fact when he said that there is nothing that bars a non-Malay from becoming a prime minister. The fact that some people have taken offence to the statement cannot justify a criminal investigation.
“It is nonsensical that there is a criminal offence committed for stating a fact about our constitution. Hence, this is a nonsensical investigation into a non-existent crime that brings the administration of justice into mockery and disrepute,” he added.
In a similar vein, he said it was equally appalling that the Attorney-General’s Chambers (AGC) had decided to bring criminal charges against Denis for his statement questioning the conduct of a high-ranking government official.
“The law confers no special status to anyone in government, whether a governor or a prime minister, to be protected against criticism, and to criminalise such criticisms is high-handed and undemocratic.”
Zaid said the Pakatan Harapan-led government, which purports to champion free speech, seems to lack understanding of what it entails.
“It is after all a political system where the people are empowered to choose their government, and as such, the people must be allowed to freely discuss matters of public interest.
“The protection of free speech enshrined in the federal constitution serves this very purpose and exists to ensure that all quarters, not just the perceived majority, are able to exercise this right,” he explained.
Zaid urged the government to halt any and all investigations into Lim over his statement and for the AGC to withdraw the charges against Denis.
“The government must stay true to its dedication to the protection of freedom of speech and, as such, must ensure that the public is protected from unwarranted criminal action for the legitimate exercise of their constitutional rights,” he stressed.
It was reported that in a speech to Malaysian students in the United Kingdom last month, Lim had expressed hope that Malaysia would not have to wait as long as the United States to have a leader from an ethnic minority.
The DAP veteran was referring to former US president Barack Obama, who was elected to the White House some 230 years after the country gained independence.
Meanwhile, Denis confirmed that he is set to be charged under Section 505(b) of the Penal Code for allegedly making statements conducive to public mischief.
He was arrested last year after he posted on X about a traffic convoy.
He claimed to have witnessed Melaka governor Tun Mohd Ali Mohd Rustam’s convoy of “eight (police) outriders and three escort vehicles” blocking traffic on the Sprint Highway before making a U-turn, with Ali then emerging from one of the cars to attend a family dinner. – December 13, 2023