At this critical juncture of the nation’s democratic development, said the CIJ in a statement, “we urge the Attorney-General (AG) to restrain his compulsion to propose greater restrictions on our democratic rights and freedoms through heavy-handed laws pushed through with little debate.”
“Instead, he should work on ways in which these rights can be defended.”
The CIJ was commenting on a proposal by Attorney-General Mohamad Apandi Ali to increase the punishment, under “the already heavy-handed” Official Secrets Act (OSA), to include life imprisonment and 10 strokes of the rotan for journalists.
This is an indicator of a government which is intolerant of criticism and fearful of accountability, said the CIJ. “It’s a case of shooting the messenger to distract from the real issues at hand i.e. good governance and transparency in a democracy.”
“It is also signalling a government which is using all laws at its disposal to restrict and clamp down on our right to freedom of expression.”
CIJ reminded the AG that the right to freedom of speech and expression, is enshrined under Article 10 of the Federal Constitution, and includes as per Article 19 of the Universal Declaration of Human Rights, the “freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”
In short, said the NGO, it includes the right to information, or in more common language, the right to know. “Any limitations to this right is by exception, and needs to be in pursuit of a legitimate aim that’s both necessary and proportionate.”
“We question if this most recent proposal meets this internationally accepted norm.”
CIJ added that the leaks it had been seeing in recent times seem to be an indication of failed processes within the government to address issues of accountability and transparency. “Civil servants may feel that they need to seek media intervention.”
“Protection of sources remains one of the strongest safeguards and principles for not just good journalism ethics, but as a pillar for the public’s right to know and to demand accountability from its government.”
Again, said CIJ, protection of sources enables the media to play its critical role in exposing wrongdoing and to stimulate public debate on subjects that are paramount to public interest.