[huridocs-tech] Malaysia: Restriction of freedom of expression hits the Internet

News Release Issued by the International Secretariat of Amnesty International

Malaysia: Restriction of freedom of expression hits the Internet
AI Index: ASA 28/003/2003 (Public)
20 January 2003

The police investigation of the independent internet news site, 
Malaysiakini, under the Sedition Act calls into question the pledge by 
Malaysian authorities not to censor the internet, Amnesty International 
said today.

"This demonstrates, yet again, how restrictive laws are used to curtail 
freedom of expression in Malaysia," the organization added.

The police raided the Malaysiakini office on Monday, confiscating all 
nineteen of their computers, effectively preventing the site's publication. 
The raid came following a complaint alleging that a letter published on the 
site was seditious. The complaint was made by youth wing of the United 
Malay National Organization (UMNO), the largest party in the government 
coalition.

Part of the complaint reportedly refers to the letter's questioning of 
affirmative action for Malays. The 'special position' of Malays and 
indigenous peoples is enshrined in the Malaysian Constitution. These 
provisions include preferential treatment in many aspects of life, 
including education and work.

"The investigation of Malaysiakini makes the government's pledge not to 
censor the internet sound hollow. Laws like the Sedition Act, that fail to 
conform to international human rights standards, threaten the survival of 
an independent media and freedom of expression in Malaysia," Amnesty 
International said.

Malaysia's restrictive laws are routinely used to curtail internationally 
recognized human rights, such as freedom of expression. Efforts by 
independent domestic and international media sources, as well as opposition 
politicians and Malaysian non-government organizations to comment on 
sensitive social issues, run the risk of fines, prosecution and imprisonment.

"It is time that the Malaysian government stopped eroding human rights in 
the name of stability and development. Real stability and development can 
only be achieved through guaranteeing the free expression of views on 
emerging social and economic problems, and protecting other fundamental 
human rights," Amnesty International concluded.

Background

In its efforts to promote Malaysia as a centre for Information Technology, 
the government has until recently restrained itself from using its array of 
restrictive laws in regard to the Internet. Under Section 3 of the 
Communications and Multimedia Act, the government prohibited the censorship 
of the Internet, although there are provisions to act against "defamatory 
and false information". However, recent events may signal an end to this 
restraint.

The Sedition Act (1948) places wide limitations on freedom of expression, 
particularly regarding sensitive political subjects such as race. Under 
Section 4(1) c of the Act anyone responsible for a "seditious publication" 
is liable to a fine not exceeding RM5000 or up to three years imprisonment. 
Sedition itself is broadly defined in Section 3(1) e as "to promote 
feelings of ill-will and hostility between races or classes of the 
population of Malaysia."

All AI documents on Malaysia:
http://click.topica.com/maaaMUqaaVteRbb0imPb/


****************************************************************
You may repost this message onto other sources provided the main
text is not altered in any way and both the header crediting
Amnesty International and this footer remain intact. Only the
list subscription message may be removed.
****************************************************************



========== HURIDOCS-Tech listserv ==========
Send mail intended for the list to <huridocs-tech@hrea.org>.
Archives of the list can be found at:
http://www.hrea.org/lists/huridocs-tech/markup/maillist.php
To subscribe to the list, send a message to <majordomo@hrea.org>,
with the following text in the message: subscribe huridocs-tech
To unsubscribe from the list, send a message to <majordomo@hrea.org>,
with the following text in the message: unsubscribe huridocs-tech
If you have problems (un)subscribing, contact <owner-huridocs-tech@hrea.org>.