Malaysia: Restrictions on freedoms escalating despite international scrutiny at the Human Rights Council

Malaysia’s civic space is rated as ‘obstructed’ by the CIVICUS Monitor. Despite its membership of the Human Rights Council, the government continues to fall short on its human rights protections at home. Among ongoing concerns are the array of restrictive laws, especially the Communication and Multimedia Act 1998 (CMA) and the Sedition Act, often used to silence online dissent and to harass human rights defenders. Critical news websites and blogs have been blocked. Peaceful protesters continue to be hauled in by the police for questioning under the Peaceful Assembly Act. Malaysia has also yet to ratify the International Covenant on Civil and Political Rights (ICCPR).

On 25th January 2024, Malaysia’s human rights record was reviewed by the UN Human Rights Council. During its Universal Periodic Review (UPR) 348 recommendations were made including on improving civic space.

This includes calls by UN member states to ratify the ICCPR; review, amend or abolish legal provisions that violate or limit the right to freedom of expression and opinion including the Sedition Act, Communications and Multimedia Act and the Printing Presses and Publications Act. They were also recommendations to revise the Peaceful Assembly Act to ensure the right to freedom of peaceful assembly without arbitrary restrictions and in order to eliminate discrimination and hindrance.

States also called on the government to ensure protection for human rights defenders in the context of their work, including environmental defenders, and timely investigation of threats and attacks against them and to promote a safe and enabling environment for everyone to exercise freedoms of assembly, association and expression.

Despite this, in recent months, violations of civic space have persisted. The police have attempted to restrict protests and haul in for questioning activists and other individuals involved in protests on Palestine, on political reforms and on women’s rights. A land rights activist has been charged for trying to block the eviction of farmers. The director and producer of the film ‘Mentega Terbang’ has been charged, the Sarawak Report editor sentenced to two years in jail, and politician Tony Pua investigated for sedition. There have also been other cases of bloggers, academics or politicians criminalised for their expression.

Peaceful Assembly

11 called up by police following pro-Palestinian protest

In January 2024, police hauled up 11 individuals who organised and participated in a six-day Palestine Solidarity rally, near the US embassy in Kuala Lumpur, that ended on 31st December 2023.

The protesters were called up under Section 9(5) of the Peaceful Assembly Act 2012 for failing to provide the five-day notice. Among those questioned were Palestine Solidarity Secretariat spokesperson Tian Chua, former Malaysian Bar president Ambiga Sreenevasan, MUDA secretary-general Amir Abdul Hadi, social activist Hishamuddin Rais and SUARAM executive director Sevan Doraisamy. The individuals were accompanied by their lawyers.

The rally aimed to demand an end to the killings of Palestinians and urged for an immediate ceasefire. It involved 48 NGOs, comprising community organisations, youth and student associations, as well as political groups from various spectrums.

The UN Special Rapporteur on freedom of assembly and association has stated that notice periods should not be longer than 48 hours and that notice should only be required for large or disruptive assemblies.

Police question protesters for gathering outside palace

At least 15 protesters were questioned by the police following the “Himpunan Selamatkan Rakyat” (Save Malaysia gathering) rally on 23rd January 2024 outside the King’s palace in Kuala Lumpur. They were hauled in for failing to comply with the Peaceful Assembly Act 2012.

An estimated 1,000 people attended the gathering organised by the secretariat of Pembela Tanah Air (Peta), a non-governmental organisation. Also present at the gathering were former prime minister Mahathir Mohamad. The group submitted a memorandum to the King to convey the grievances of the people regarding the national economy.

Activist arrested at pro-Palestine rally outside US embassy

A political activist was handcuffed and arrested outside the US embassy in Kuala Lumpur where a pro-Palestine rally was being held on 24th February 2024.

A video of the incident showed a plainclothes police officer explaining that protester Harmit Singh from the Malaysia Socialist Party (PSM) was arrested for allegedly disobeying an order not to walk further than where the officer stood. Eyewitnesses said Harmit's intention was merely to convey the group's plan to deliver a memorandum to the embassy.

When contacted, PSM secretary-general A Sivarajan said Harmit was arrested before the protest even began. Sivarajan said a notice for the demonstration was submitted on 19th February 2024 as per the Peaceful Assembly Act and that organisers had met with police on 22nd February 2024.

Police took Harmit’s documentation and he was released before the protest ended. However, he was required to give a statement to the police at the Pudu district police headquarters that night.

Police harassment around protest by electoral reform group

In February 2024, police attempted to prevent a protest by the Coalition for Clean and Fair Elections (Bersih) to Parliament, to call on lawmakers to expedite political and human rights reforms in the country.

Ahead of the protest, on 25th February 2024, police advised members of the public not to participate in it, claiming it did not comply with the Peaceful Assembly Act 2012. Kuala Lumpur police chief said the police did not receive any notification of the assembly from the organisers as required under Section 9(1) of the Peaceful Assembly Act 2012.

Following this, a notice was submitted to the police a day before the gathering at the Dang Wangi police station and the protest went ahead. Around 100 people, many of whom wore black and yellow to signify their participation in the march, began gathering at the Plaza Tugu Negara, before making their way towards Parliament. The group gave four lawmakers a document with demands such as the separation of the attorney general’s powers, the restoration of Parliament’s independence and an end to preventive detention laws, among others.

Following this, police said they had opened an investigation paper on the gathering under Section 9(1) of the Peaceful Assembly Act 2012 and would soon summon the organisers of the gathering. Nearly two weeks later, on 6th March 2024, the protest organisers Faisal Abdul Aziz, Wong Yan Ke and Ashraf Sharafi were summoned to the Dang Wangi police station for questioning.

Investigation of women’s march by police

On 9th March 2024, over 200 people participated in the Women’s March 2024 in Kuala Lumpur, to advocate for global women's issues. Participants marched from the Sogo shopping centre to Dataran Merdeka, advocating for gender equality and for an end to gender-based violence. Additionally, the group called for equal political involvement at "all levels of decision-making" and gender-neutral nationality laws.

Prior to the march, four attempts by the organisers to submit a notice to the police were rejected with no reason given. Police finally accepted a notice on 4th March 2024.

Following the march, police said they had opened an investigation paper under Section 15 of the Peaceful Assembly Act 2012, which provides for considerable limits and requirements on the date, time and location of a physical peaceful gathering, and Section 14 of the Minor Offences Act 1955 that deals with “insulting behaviour”. Four people were summoned by the police on 18th March 2024..

Association

Land rights activist faces trial for trying to block eviction of farmers

In December 2023, land activist and Malaysian Socialist Party (PSM) committee member Chong Yee Shan appeared in the Ipoh magistrates’ court to face charges under Section 186 of the Penal Code for obstructing a public servant in discharging his duty.

As previously documented, Yee Shan was charged for trying to block a forced eviction of farmers by the Perak state government in October 2023. The farmers in the Kanthan area were promised replacement land by the authorities if they moved out, which the state government has yet to deliver on. The farmers were still in negotiations with the state when they were suddenly given an eviction notice.

On 24th October 2023, dozens of officials from the Perak State Land and Minerals Office (PTG) were mobilised to forcibly evict the farmers with bulldozers and excavators. When the farmers, supported by activists from PSM, tried to block them from entering the area, the police arrested four activists.

Yee Shan, who has been working with the farmers to defend their land rights, was shoved by an officer from the Land and Minerals Office when she tried to stop the eviction. The incident was captured on video. She suffered injuries to her nose and mouth, as well as wounds on her legs and hands and required medical treatment.

Expression

Director and film producer charged

The director and producer of the film “Mentega Terbang” (literally translated as Butter Fly), which was banned by the authorities, were charged in the magistrates’ court on 17th January 2024. The charge was framed under Section 298 of the Penal Code for ‘intentionally wounding the religious feelings of others’, which carries a punishment of imprisonment for up to one year, a fine, or both upon conviction.

Section 298 of the Penal Code makes the insult of any religion a criminal offence. According to ARTICLE 19, the enforcement of these provisions has had a disproportionate and negative impact on minority communities, political dissidents, atheists, comedians, artists, religious scholars, and others who express opinions.

Khairi Anwar Jailani was charged for his role as director and scriptwriter of the movie. Producer Tan Meng Kheng was charged in a separate courtroom with the same offence. They were released on bail and were ordered not to comment publicly about the charges pending disposal of their cases. However, the High Court in Kuala Lumpur on 29th January 2024 set aside the gag order imposed by the lower court.

“Mentega Terbang” is an independent movie about the religious conflict faced by Muslim teenager Aisyah, who explores other religions, especially for answers to the question of life after death. Previously screened via online streaming platforms, it was criticised over some scenes which were said to go against Islamic teachings and beliefs.

The home ministry banned the film in September 2023 under Section 26 of the Film Censorship Act (2002) on the grounds that it is ‘contrary to the public interest,’ two years after its release in 2021. ARTICLE 19 reported that from early 2023, the filmmakers suffered a distressing witch hunt and faced threats from the State, as well as from non-state actors and people on social media.

Sarawak Report editor sentenced to two years’ jail

On 7th February 2024, Sarawak Report editor Clare Rewcastle-Brown was sentenced to two years in jail for defamation against Terengganu Sultanah Nur Zahirah in her book titled "The Sarawak Report – The Inside Story of the 1MDB Expose." The magistrate delivered the verdict in absentia at the Terengganu Magistrates’ Court.

The Sultanah alleged that Rewcastle-Brown's book implied her close association with fugitive financier Low Taek Jho, also known as Jho Low, and her purported assistance in securing an advisory position in Terengganu Investment Authority, before it became 1MDB, a sovereign wealth fund.

The ruling by the magistrate was unexpected, as there was no prior notification of the hearing, summons, or information provided to Rewcastle-Brown's legal representatives. She expressed astonishment, stating that it was the first time she had heard about the criminal defamation case and that neither she nor her lawyers had been informed of any hearing. Additionally, she asserted that she had never been formally charged.

As previously documented, in November 2021, police made a public appeal for information on Sarawak Report editor and founder Clare Rewcastle Brown after reviving the three-year-old criminal defamation case against her.

Politician investigated for sedition for Facebook comments

On 4th February 2024, politician and former parliamentarian Tony Pua was summoned by the police to appear at Bukit Aman police headquarters on 5th February 2024 to provide his statement regarding an alleged comment made on his Facebook account.

The comment in question relates to the reduction of former Prime Minister Najib Razak's sentence, which was perceived as disrespectful of the royal institution. The incident arose after the Federal Territories Pardons Board halved Najib Razak's 12-year prison sentence on 29th January 2024, who is serving time for corruption. The Pardons Board meeting was chaired by the former King.

It was reported that police were investigating Pua under Section 4(1) of the Sedition Act 1948 and Section 233 of the Communications and Multimedia Act 1998.

On 5th February 2024, Tony Pua stated that he had provided a statement regarding a sedition investigation related to five Facebook posts that he had published and had completely cooperated with the police.

Criminalisation of expression

In recent months, a number of individuals have been investigated, arrested or prosecuted for their critical comments of the government, monarchy or on other political and social issues. The authorities used the draconian Sedition Act 1948 and the Communications and Multimedia Act (CMA) 1998 to criminalise individuals. Both laws are inconsistent with international law and standards related to freedom of expression.

According to human rights group SUARAM, the Sedition Act 1948 has been used in 28 cases in 2023, a 65 percent increase from 2022 which saw only 17 cases. The group also noted 97 cases of individuals investigated, arrested, charged or sentenced under Section 233 of the CMA 1998 in 2023 (offence of using network facilities to transmit communication deemed to be offensive or that could cause annoyance).

On 6th December 2024, police said that they had arrested a 36-year-old man, Victor Yong, over statements he made suggesting Malaysia should establish diplomatic relations with Israel. The statement was made during an interview with an Israeli social media influencer Hananya Naftali that had been uploaded to TikTok. The investigation into this case is being carried out under Section 4(1) of the Sedition Act 1948, Section 505(b) of the Penal Code (causing fear or alarm to the public or against public tranquillity, and Section 233 of the Communications and Multimedia Act (CMA) 1998.

On 8th January 2024, blogger Wan Azri Wan Deris (also known as Papagomo) pleaded not guilty in the sessions court to a charge of making an allegedly seditious statement against the government. Wan Azri was slapped with one charge under the Sedition Act 1948 for claiming that the government was “pro-Israel and pro-Western nations”. The remark was allegedly made in a Facebook video on 8th November 2023.

On 4th March 2024, police recorded a statement from a former politician Bozz Jebat, also known as Zool Amali Hussin, for allegedly insulting the Sarawak Premier Tan Sri Abang Johari Abang Openg. He is facing allegations of making disrespectful statements and demeaning the Sarawak Premier in a four-minute video shared by an individual on social media on 29th February. The case is being investigated under Section 4(1) of the Sedition Act 1948 and the CMA 1998.

On 7th March 2024, a man was arrested in connection with an allegedly offensive post against the Perlis royalty on his Facebook page. Police said the 41-year-old trader was arrested in Changlun, Kedah, and issued with a three-day remand order. The case will be investigated under Section 4(1) of the Sedition Act 1948 and Section 233 of the CMA 1998.

A police investigation paper was opened against Professor Emeritus Teo Kok Seong on 12th March 2024 following his statement regarding vernacular schools. Home Minister Datuk Seri Saifuddin Nasution Ismail said the investigation is being conducted under Section 505 of the Penal Code and Section 233 of the CMA 1998. Teo has been accused of making racist statements through a TikTok video claiming that Chinese national-type schools spread racial sentiments against Malays.

Man sentenced to six months’ jail for flying Israeli flag

A man was sentenced to six months in prison and a RM500 (USD 105) fine in November 2023 in the Magistrates’ Court in Terengganu for displaying the Israeli flag in October 2023. The accused, Harma Zulfika Deraman, 30, also faces an additional three months in prison if he fails to pay the fine. According to the charge, Harma was accused of displaying the Israeli flag in a public place, breaching the National Emblems (Control of Display) Act 1949.