Thursday, June 07, 2018

Pakatan Harapan, We want our FREEDOM restored NOW?Sedition Act against Kadir Jasin?

Freedom of Expression, Freedom of Opinion, Press Freedom - these were the promises of the Pakatan Harapan, and as such it is most disturbing to hear that Kadir Jasin is now being investigated for Sedition, defamation, ...

Is Pakatan Harapan just for Freedom of Expression, Opinion, etc if the comment/post/article is not 'critical' of the PH government, its leaders or its 'friends'?

Anwar Ibrahim has come out critical of Kadir Jasin ...that is OK, as words need only be responded with words...Hopefully, he did not cause a police report to be filed that results in police investigations being commenced againts Kadir Jasin...(the Malaysiakini report below has links to the writings of Kadir Jasin that seems to have invited a public reaction from Anwar...)

His blog post was also criticised by PKR adviser Datuk Seri Anwar Ibrahim, who said, “While I support democracy and freedom of expression, what was said was inappropriate.”
Anwar, what exactly is inappropriate? Is it inappropriate according to your standards? Freedom of expression, opinion and press is not only what Anwar considers appropriate - for it sometimes means things will be said that will 'anger', 'annoy' or even be 'disturbing' to you. 

Kadir Jasin raises an interesting point ....how much of our money is really expended on the rulers...I hope the Prime Minister, Finance Minister and/or the Pakatan Harapan government be transparent and tell us how much money is being expended on our 'rulers' and for what? We are now trying to reduce expenditure...and even raise donations to help Malaysia overcome its financial obligations/exposure. I hope that the King and the other rulers also do consider making some 'donations' ...or even taking some 'cut in allowances' just like what our Cabinet Ministers have done...
The Inspector-General of Police said that three police reports have been lodged against Kadir after he had posted on his personal blog that some RM257mil was spent for the upkeep and personal expenditure of Sultan Muhammad V in the 16 months since he became the Yang di-Pertuan Agong.
Standards imposed on media reports, not including commentary and/or opinion pieces, is different from the standards(or requirements) imposed on ordinary people including bloggers, etc

For media, it is always good practice to give the 'other side' an opportunity to respond - but sometimes, such response does not come fast enough. Most responsible media would later publish even a late response... but for ordinary Malaysians(or others), there is no such obligation to get a response from the 'other side' before one publishes one's viewpoint... For human rights defenders, it is most important to highlight alleged or perceived human rights violations.

Now, in this Kadir Jasin's case, the IGP is right in commencing investigations under the said laws - because these 'bad' laws still exist....making it all the more important for the Pakatan Harapan government to immediately repeal the Sedition Act, and such bad laws that are against freedom of expression, opinion and even free press.

“Along with sedition and defamation, he is also being investigated under Section 233 of the Communications and Multimedia Act 1998 for improper use of network facilities or network service,” Fuzi[Inspector-General of Police  Tan Sri Mohamad Fuzi Harun] told a press conference... 

Section 233 is one of those 'bad' laws that must be repealed. It can be used not just against the person who wrote the comment/post BUT also be used to pressure internet service providers (and also people that provide social media tools like FB, Emails, Whats App, etc to block access to 'individuals' - which people in such business would likely simply block access to prevent the user/s. Rule of law demands that allegations need to first proven in a court of law. 

Section 233 is a 'bad law' because it makes communicating things that is 'false'(in a situation  of a lack of transparency) - how would people know what is false or truth. Was what Kadir Jasin said, i.e. that ...'RM257mil was spent for the upkeep and personal expenditure of Sultan Muhammad V in the 16 months since he became the Yang di-Pertuan Agong' FALSE? Well, the Anwar or the Pakatan Harapan must tell us the TRUE amount? Was it more or less?

Under UMNO-BN rule, the allegation that the billions of ringgit in Najib's personal account may have been considered 'false', likewise the fact that 'kleptocracy' or money was lost in 1MDB. 

It is 'menacing' or 'offensive' ...well when the 'truth' or even suspicion of 'alleged wrongdoing' is highlighted, then for some it is certainly menacing and/or offensive....

Will it annoy...harass the wrongdoer..and his friends? Highlighting failings of a Minister or even an MP or public servant can also be 'annoying'. In the struggle for human rights and justice, one of the common used strategy is 'name and shame' - the object being to pressure the person/party/entity to do the right thing ..to ensure that justice is done. Workers picket ...intention is annoy...harass employers to agree to just demands...

PH also promised to abolish a long list of laws: Sedition Act 1948, Prevention of Crime Act 1959, Universities and University Colleges Act 1971, Printing Presses and Publications Act 1984, and the National Security Council Act 2016.

It also planned to repeal the mandatory death penalty and certain “cruel” provisions in various laws: Penal Code, Communications and Multimedia Act 1998, Security Offences (Special Measures) Act 2012, Peaceful Assembly Act 2012, and the Prevention of Terrorism Act 2015.

SEDITION ACT - that definitely need to be abolished....

But I am getting worried as Pakatan Harapan may be backtracking on its promises...OR may be delaying...At present, there is talk about 'delaying' - BAD LAWS NEED TO BE REPEALED IMMEDIATELY ....

Remember for as long as these bad laws exist, these laws can still be used...

Detention Without Trial laws especially needs to be repealed immediately...especially if Pakatan Harapan is serious about 'RULE OF LAW'.
 
In the meantime, Muhyiddin said the government would not rush to review the seven laws pertaining to national security to Parliament at the forthcoming Dewan Rakyat session even though it was among the promises contained in the manifesto of Pakatan Harapan.

He said matters pertaining to the law required detailed research and deep-seated discussions with stakeholders such as the Human Rights Commission (Suhakam), Bar Council, non-governmental organisations (NGOs) and community activists.

"We hold on to what is stated in the manifesto, we are committed to do so after the best scrutiny is made and when there is a decision, we will bring to parliament to be abolished or retained," he said.

The seven laws were the Printing Presses and Publications Act 1984, the Sedition Act 1948, the Peaceful Assembly Act 2012, the Prevention of Crime Act 1959 (POCA), the Security Offences (Special Measures) Act 2012 (SOSMA), and the Prevention of Terrorism Act 2015 (POTA) as well as the death penalty by hanging. - The Edge Markets, 5/6/2018
BAD laws must be repealed and done away immediately - Using reasons like the need to study and/or review are just lame reasons to delay fulfilling promises.  Later, PH may say, that it is still needed? How long will such delays last - 4 years?

We want changes now....and, hopefully we will see the tabling of the required Bills to repeal these 'bad' unjust anti-freedom laws happens in the first sitting of Parliament. 

1MDB may be a priority for PH - but getting rid of bad laws that affect the freedoms of Malaysians are just as important....We want our freedom to speak up and share even over the internet...We want to be FREE to share views even online, something that the UMNO-BN denied us with threats of being charged for sedition, defamation, sec 233 ...FREE US NOW PAKATAN HARAPAN...



233  Improper use of network facilities or network service, etc[COMMUNICATIONS AND MULTIMEDIA ACT 1998]


(1) A person who-
(a) by means of any network facilities or network service or applications service knowingly-
(ii) initiates the transmission of,
any comment, request, suggestion or other communication which is obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass another person; or
(b) initiates a communication using any applications service, whether continuously, repeatedly or otherwise, during which communication may or may not ensue, with or without disclosing his identity and with intent to annoy, abuse, threaten or harass any person at any number or electronic address,
commits an offence.
(2) A person who knowingly-
(a) by means of a network service or applications service provides any obscene communication for commercial purposes to any person; or
(b) permits a network service or applications service under the person's control to be used for an activity described in paragraph (a),
commits an offence.
(3) A person who commits an offence under this section shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both and shall also be liable to a further fine of one thousand ringgit for every day during which the offence is continued after conviction.



IGP: Kadir Jasin to be investigated for sedition (updated)


Thursday, 7 Jun 2018 11:31 AM MYT


  • KUALA LUMPUR: Police are investigating veteran newsman Datuk A. Kadir Jasin for sedition and defamation, says Tan Sri Mohamad Fuzi Harun.

    The Inspector-General of Police said that three police reports have been lodged against Kadir after he had posted on his personal blog that some RM257mil was spent for the upkeep and personal expenditure of Sultan Muhammad V in the 16 months since he became the Yang di-Pertuan Agong.

    “So far, three reports have been lodged against him, in Selangor, the Klang Valley and Kelantan.

    “Along with sedition and defamation, he is also being investigated under Section 233 of the Communications and Multimedia Act 1998 for improper use of network facilities or network service,” Fuzi told a press conference at Menara TM here Thursday after launching the Op Selamat 13/2018 campaign for the upcoming Hari Raya celebrations.

     Kadir, who is the spokesman for the Council of Eminent Persons (CEP) looking into economic and other reforms formed by Pakatan Harapan after it took over Putrajaya in GE14, is also a Parti Pribumi Bersatu Malaysia supreme council member.

    His blog post was also criticised by PKR adviser Datuk Seri Anwar Ibrahim, who said, “While I support democracy and freedom of expression, what was said was inappropriate.”

    Anwar said that there should be some decorum when expressing views as those singled out for criticism were unable to clarify such opinions.

    “We have worked very hard to get the Malay Rulers to appreciate this new administration” and this was “unhealthy,” he told reporters after a closed-door meeting with PKR assemblymen and MPs on Wednesday (June 6). - Star, 7/6/2018

    Read what I wrote, not what others quote, says Kadir Jasin

    Published on  |  Modified on
       
    Following criticism from PKR de facto leader Anwar Ibrahim, former journalist A Kadir Jasin has urged members of the public to judge him by his writings and not what others quote from it.

    In particular, he referred to his column titled “Masukkan Institusi Raja Dalam Reformasi” (“Include the Royal Institutions in the Reform”) that was published in Sinar Harian on May 27, and his blog post dated June 4, titled “Constitution: The King and the Pauper”.

    “I will leave it to readers and speakers to judge me based on Anwar’s ‘criticism’ by re-reading and understanding my arguments on those issues,” the Bersatu supreme council member said in a blog post today.

    He stressed that he was speaking in his personal capacity and not those of any positions he holds.
    He was responding to Anwar’s statement last night accusing Kadir of issuing disparaging remarks against the royal institution.

    Anwar said that while individuals have the right to express their views, Kadir should have shown more respect and decorum, and give the rulers an opportunity to respond and clarify.

    "To give disparaging remarks without giving the rulers the opportunity to clarify, that's not healthy, especially when you use your position and be seen to be close to people in the government.

    "I've also seen some of the assertions, and there are some major factual errors there. I think we should be mindful of that," he told reporters.

    He said it had been an “arduous” process to reassure the Malay rulers regarding Prime Minister Dr Mahathir Mohamad’s administration. As such, individuals should be mindful in making their remarks.

    Kadir, who is also the Council of Eminent Persons' spokesperson, denied that he is using his position to attack the royal institutions because the foreword to his articles clearly stated that the writings are his personal opinions.

    He said if there are “questionable” facts in his writings, then those facts should be questioned and the correct facts should be provided.

    “If I am mistaken, I will make a correction and apologise,” he said.

    He also denied questioning the necessity for Anwar to meet the Malay rulers.

    “I merely said that the kings don’t need any guarantees or comforts because their position is guaranteed by the constitution.

    “I don’t deny the fact that Pakatan Harapan had to work hard to win the support of the Malay rulers, just that I later learned that apart from Anwar, other Harapan leaders also had audiences with the rulers.

    “I don’t wish to start polemics with Anwar because this is unnecessary. Anyone who wants to understand what I wrote can read the two articles in the links I’ve provided.

    “Read what I wrote and not what is quoted and purported by various parties,” he said. - Malaysiakini, 7/6/2018

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