PETALING JAYA: A non-criminal and proportionate mechanism should be given priority when dealing with matters involving speech and expression, especially if it concerns journalists, says G25 Malaysia.
Addressing the arrest of a journalist following his question at a public forum recently, the group said outdated speech laws must be meaningfully reformed to safeguard fundamental liberties.
The group said that a mature democracy responds to controversial or misguided speech with dialogue, clarification and accountability, rather than immediate criminal sanction.
"We, G25, acknowledge that freedom of expression is not absolute in our country and must therefore be exercised responsibly.
"However, enforcement must be proportionate and consistent with constitutional principles. In this case, the arrest and overnight detention of a journalist for his comment at a public event, where there was no incitement to violence and where an apology was subsequently made by him as well as his resignation, went beyond what was necessary.
"Such actions risk leaving an unfavourable impression not just domestically but internationally as well, regarding Malaysia's commitment to freedom of the press and democratic norms, an outcome that does not serve the country's long-term interests," the group said in a statement on Tuesday (Jan 20).
The group also reiterated that freedom of speech and expression, guaranteed under Article 10 of the Federal Constitution, includes the right to ask questions and engage critically in public discourse, even on sensitive matters involving race, religion and international conflict.
"This includes the freedom to ask questions and to engage critically in public forums," read the statement.
The journalist, Rex Tan, was released from police detention after his arrest on Jan 17 over a question he posed at a public lecture in Kuala Lumpur on Jan 12.
He was arrested under Section 4(1) of the Sedition Act, Section 505 (c) of the Penal Code, and Section 233 of the Communications and Multimedia Act for allegedly uttering seditious words.
