Anwar Ibrahim |
- Censorship Remains Despite Press Law Changes
- Malaysian EC is Backward, Opines Fact-Finding Group
- PKR Ajak Rakyat Tolak Budaya Fitnah Umno
- Mahkamah Paris Boleh Keluar Waran Tangkap Jika Tolak Sepina
- Paris Court Can Issue Arrest Warrant If Subpoena Rejected
- Azmin Ali Sues Utusan Malaysia for RM 100 Million Over Fake Sex Photos
- Pendakwa Perancis dakwa Najib Minta AS$1b Untuk Perimekar
- NST Replaces Word, Paints Anwar’s Aussie Senator Friend As Anti-Islam
| Censorship Remains Despite Press Law Changes Posted: 03 May 2012 03:37 AM PDT We commemorate World Press Freedom Day yet again under the shadow of censorship despite claims by the government of press law reforms. UN secretary-general Ban Ki-moon in a joint statement with Unesco director-general Irina Bokova highlighted the urgent need to lift this yoke of oppression from us when they said on the occasion of the World Press Freedom Day, “Freedom of expression is one of our most precious rights. It underpins every other freedom and provides a foundation for human dignity.” The amendments to the Printing Presses and Publications Act 1984 (PPPA) two weeks ago do not constitute anything close to a law reform as promised by PM Najib Razak last year. The amendments do not address the critical issues of press freedom at all. The oppressive instruments of censorship remain largely intact. It’s a sleight of hand rushed through Parliament in the early hours of the morning like a thief in the night without discussions, without consensus. The new PPPA is bad law simply because it lacks both serious deliberation and consultation with the stakeholders – the media owners, media watchers, editors, journalists, readers, advertisers, both the bench and the bar, journalism professors, and regulatory agencies, among others. Our press law is part of the slew of draconian laws enacted by the departing colonial regime. Under 22 years of Mahathirism, censorship became intolerable. Even MCA, the senior partner of the ruling coalition wanted such laws scrapped. Just seven months ago its president, Dr Chua Soi Lek, wanted a deadline set for abolishing PPPA rather than merely amending it. His subsequent silence now speaks loudly about his inability to push this reform agenda within the ruling coalition. Any serious attempt at reforming our press laws requires nothing short of a royal commission of inquiry or at least a select parliamentary committee. This is important because the press in a participatory democracy serves as the fourth estate in the check and balance system among the legislative, executive, and judiciary. The PPPA as its name implies is not about press freedom. It’s about censorship under its draconian provisions to the extent of granting absolute judicial power to the minister in charge in the implementation and enforcement of it. The minister plays a three-in-one role as law enforcer, prosecutor and judge, and only he can do no wrong. The recent amendments remove the need for annual press licences and the absolute power of the minister in revoking or imposing arbitrary conditions. This means nothing. Anyone wanting to publish is still required to apply for a licence from the minister who still has the power to revoke it at any time. Old poison in a new bottle Censorship is rebranded as old poison in a new bottle. The minister should be embarrassed that he possesses this absolute judicial power in the first place instead of claiming victory for the removal of such a stone-age provision. Any serious effort at press law reform must begin by embracing Article 19 of the Universal Declaration on Human Rights (UDHR) that guarantees the right to freedom of expression in the following terms: “Everyone has the right to freedom of opinion and expression; this right includes the right to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.” The UDHR, as a UN General Assembly resolution, is not directly binding on member states. However, parts of it, including Article 19, are widely regarded as having acquired legal force as customary international law since its adoption in 1948. Malaysia has no other option than to uphold press freedom. There is no constitutional guarantee of press freedom in Malaysia. It enjoys only a derived or implied freedom from Part 2 of the federal constitution on fundamental liberties under Article 10 regarding freedom of speech, assembly and association. It’s about time we amend the federal constitution to guarantee press freedom as a fundamental liberty. Even a smaller nation like the Democratic Republic of East Timor (Leste) guarantees such freedom. Among other things, Section 40 of its constitution states: “The exercise of freedom of speech and information shall not be limited by any sort of censorship.” Section 41 further states: “Freedom of the press and other mass media is guaranteed.” The next thing we must do is to totally repeal the PPAA and replace it with two new laws – Freedom of the Press Act and Freedom of Information Act – both to be overseen by the Information Ministry and not the Home Ministry. There should be no requirement to apply for a publishing permit and there should be reasonable access to official information and court documents. All classified information must be de-classified say, after 25 years, unless there are compelling reasons not to. Imagine how much more well-informed we would be about the hitherto undisclosed deliberations over both the Merdeka and Malaysia Constitutions, May 13, and the NEP. Perhaps if we knew better, there would be no May 13 or the need for 'Ketuanan Melayu’ or Perkasa. M’sia left behind by its neighbours Press law reform is possible. All it takes is political courage and will. Look at Indonesia. It was only yesterday that the press there is totally censored by the Suharto regime and journalists must be licensed by the Persatuan Wartawan Indonesia before any publisher can hire them. Today, Indonesia has one of the most open press in the region, if not the world. This may well explain why after the demise of the Suharto regime, the Indonesian economy has picked together with increased foreign direct investment (FDI) inflows following liberalisation of the press in 1999 and other institutions. The Indonesian press law provides for protection for press freedom at several places there shall be no prior censorship or licensing for either the print or broadcast media. The press has the right to seek, acquire and disseminate ideas and information. Significantly, breach of these provisions is a crime, punishable by up to two years’ imprisonment or a fine of up to 500,000,000 rupiah (RM160,000). We do not have to wait for the demise of another totalitarian regime to reform our press law. Just bury the obnoxious publications and printing law together with its instruments of censorship. BOB TEOH is a retired journalist. He was previously secretary-general of the Jakarta-based Confederation of Asean Journalists. |
| Malaysian EC is Backward, Opines Fact-Finding Group Posted: 03 May 2012 02:59 AM PDT Klik Disini Untuk Baca Laporan Penuh : International Fact-Finding Mission April 2012 |
| PKR Ajak Rakyat Tolak Budaya Fitnah Umno Posted: 03 May 2012 01:01 AM PDT KUALA LUMPUR, 3 Mei: Parti Keadilan Rakyat (PKR) mengutuk keras tindakan terbaru Umno dan para pengendali laman-laman blog upahan mereka yang menjadikan Timbalan Presiden PPKR Mohamad Azmin Ali sebagai mangsa fitnah mereka. |
| Mahkamah Paris Boleh Keluar Waran Tangkap Jika Tolak Sepina Posted: 03 May 2012 12:32 AM PDT Waran tangkap antarabangsa boleh dikeluarkan oleh hakim Perancis jika saksi enggan membantu sesuatu siasatan selepas sepina dikeluarkan. Menurut peguam Perancis, Joseph Breham (kanan), yang mewakili NGO Malaysia, Suaram, dalam aduan awam berhubung dakwaan “Jika saksi itu enggan mematuhi sepina tersebut, mahkamah boleh mengeluarkan notis mandat d’amener, memaksa saksi hadir di mahkamah. Jika saksi (masih) tidak mahu mematuhinya, maka waran tangkap boleh dikeluarkan. “Waran tangkap berkenaan berkuatkuasa dalam wilayah Perancis, dan mungkin diantarabangsakan, jika hakim merasakannya perlu.” Bulan lepas, Menteri Pertahanan Datuk Seri Ahmad Zahid Hamidi berkata beliau atau sesiapa sahaja dari kementeriannya, tidak akan membantu siasatan di Perancis itu. Zahid dinamakan dalam senarai tujuh orang saksi yang dicadangkan oleh Suaram, yang telah diterima oleh hakim siasatan Perancis, Roger Le Loire. |
| Paris Court Can Issue Arrest Warrant If Subpoena Rejected Posted: 03 May 2012 12:26 AM PDT An international arrest warrant can be issued by a French judge if a witness refuses to assist in an inquiry following the issuance of a subpoena. According to French lawyer Joseph Breham (right), who is acting on behalf of Malaysian NGO Suaram on the civil complaint on the multi-million ringgit arms kickbacks, a “red alert” can be sent to Interpol as a last resort. “If the witness refuses to abide by the subpoena, the court can issue a notice mandat d’amener, compelling the witness to appear before it. If the witness (still) fails to oblige, a warrant of arrest may be issued. “The warrant of arrest is applicable within the French territory, and may be internationalised, if the judge deems it necessary.” Last month, Defence Minister Ahmad Zahid Hamidi said neither he nor anyone from his ministry would assist in the French inquiry. Zahid was named in the list of seven witnesses proposed by Suaram, which was accepted by French investigating judge Roger Le Loire. However, this does not mean that all seven witnesses, including Prime Minister Najib Abdul Razak and his associate Abdul Razak Baginda will be subpoenaed by the inquiry. Criminal charges soon The judge is currently in the process of issuing subpoenas. "The judge did indicate that Abdul Razak Baginda is a key person (in the case)," Suaram director Cynthia Gabriel (left) told a press conference today. Reading out Breham's explanation to media, Suaram activist and lawyer Fadiah Nadwa Fikri added Breham was also informed that criminal charges will be brought upon those involved in the kickbacks. Fadiah said that French prosecutors told Suaram's lawyers that it is about to conclude criminal investigations, separate to Suaram's complaint, on the same matter. "The civil case has given birth to a criminal investigation. The prosecutors have told our lawyers that criminal charges will be brought soon," she said, although it is unclear who will be charged and when. The scandal involving DCN is also linked to prominent French politicians. |
| Azmin Ali Sues Utusan Malaysia for RM 100 Million Over Fake Sex Photos Posted: 03 May 2012 12:03 AM PDT I refer to the publication of fake images and false allegations of an extra-marital liaison in the media and blogs against PKR Deputy President Azmin Ali. The allegations and photographs are fabricated, politically motivated and the lowest kind of gutter journalism. As usual, the photos have been widely published in the BN owned media and pro-UMNO blogs. Utusan Malaysia published the images in a particularly vicious and calculated manner. Images of a pornographic nature implicating the Gombak MP were splashed on the front pages of Utusan Malaysia on 2.5.12. We hold Prime Minister and President of Umno Najib Tun Razak personally responsible for the publication of the photos. It is impossible that character assasination of this scale could be carried out by Utusan Malaysia without the approval and knowledge of Najib, whose UMNO ruling party owns Utusan Malaysia. Today, Azmin Ali has through his solicitors Messrs Edwin Lim Suren & Soh issued a letter of demand to Utusan Melayu (Malaysia) Berhad which owns Utusan Malaysia and its Editor demanding a withdrawal of the allegations and a public apology to be published in the front page of Utusan Malaysia. In view of the seriousness of the alllegations and the nationwide circulation of the newspaper, Azmin Ali has demanded the sum of RM 100 million in damages. Azmin Ali has commenced these legal proceedings to vindicate his name and reputation as a national leader and politician, and to defend the right of the public to fair and clean journalism. Issued by, |
| Pendakwa Perancis dakwa Najib Minta AS$1b Untuk Perimekar Posted: 02 May 2012 10:44 PM PDT Pendakwa awam Perancis yang menyiasat urusniaga pembelian senjata Perancis-Malaysia mendakwa telah menemui bukti bahawa menteri pertahanan ketika itu, Datuk Seri Najib Tun Razak telah meminta AS$1 bilion (RM3 bilion) untuk syarikat tempatan Perimekar daripada DCNI – anak syarikat pembuat kapal Perancis DCN. Menurut kertas pendakwaan yang didedahkan oleh NGO Suaram hari ini, satu faks menunjukkan bahawa Najib didakwa telah diminta jumlah tersebut untuk Perimekar sebagai syarat bagi mengadakan satu pertemuan dengan beliau pada 14 Julai 2001. Faks yang bertarikh 1 Jun 2001 adalah dari Francois Dupont, wakil Malaysia untuk syarikat swasta Thales Asia International, kepada D Arnaud. Dokumen itu, satu daripada 153 yang ditunjukkan kepada Suaram, telah dirampas oleh polis Perancis dari pejabat Henri Gide, seorang pegawai Thales. |
| NST Replaces Word, Paints Anwar’s Aussie Senator Friend As Anti-Islam Posted: 02 May 2012 09:17 PM PDT Umno-controlled New Straits Times (NST) has been accused of fabricating words in a three-year-old speech by Australian Senator Nick Xenophon, a known associate of Datuk Seri Anwar Ibrahim, to portray the former as anti-Islam, Australian newspapers reported today. According to the Sydney Morning Herald (SMH) today, the independent senator is fuming from the "extraordinary attack" against his impartiality and is contemplating legal action against NST. Xenophon (picture)told the Australian newspaper that NST's alleged use of the word "Islam" to replace the actual term "Scientology", which he had criticised in his 2009 speech, was "an example of the kind of dirty tricks the ruling party employs and had used against the Opposition Leader Anwar". The NST has since removed the article from its website, but cached copies can still be found of the offending story. In the NST article, Xenophon was not only accused of insulting Islam during his 2009 adjournment speech in Australia's Parliament, but was also said to have expressed strong support for the LGBT (lesbian, gay, bisexual and transgender) community. The NST's extract of the speech quoted the senator as saying: "What we are seeing is a worldwide pattern of abuse and criminality. On the body of evidence, this is not happening by accident; it is happening by design. Islam is not a religious organisation. It is a criminal organisation that hides behind its so-called religious beliefs." But in the excerpt from the Australian Parliament's Hansard, cited in the SMH, Xenophon had actually said: "What we are seeing is a worldwide pattern of abuse and criminality. On the body of evidence, this is not happening by accident; it is happening by design. Scientology is not a religious organisation. It is a criminal organisation that hides behind its so-called religious beliefs."According to theNST, Xenophon had also appeared to express support for same-sex marriages in the same adjournment speech, purportedly claiming that other lawmakers agreed with him and such unions would eventually be allowed by law. The paper quoted PKR-turned-independent MP Datuk Seri Zahrain Mohamed Hashim as criticising Xenophon for his words, saying that the latter was not only outspoken against Islam but also supportive of the LGBTs. "Should we let someone like Xenophon influence our culture and moral values through politics? By confiding in Xenophon, is Anwar also supporting the LGBT movement?" he asked, according to the NST. "I also challenge PAS's ulama to question Anwar on why he sought Xenophon as a confidante, as clearly Xenophon stands against Islamic values." SMH, however, did not dispute the NST's report over Xenophon's alleged support for homosexuality. But the paper claimed that the NST had refused to comment on the issue last night. Xenophon was among the team of international observers or the "pre-election assessment team" invited into Kuala Lumpur by Anwar to look into the country's electoral reform attempts. The team was on a six-day mission from April 25 and was tasked to interview local government and political leaders, before compiling its recommendations on how Malaysia could have a clean and fair polls process, which the country's opposition leaders have insisted does not exist here. They has also observed last Saturday's rally for free and fair elections by Bersih and in an immediate response to the event, Xenophon had insisted that the rally-goers were well-behaved and even festive, instead of unruly as claimed by government leaders. As a result, Xenophon has come under fire for his allegedly blinkered support for Anwar, with questions raised over his independence and impartiality. Anwar was charged with sodomy and corruption in 1998 after he was sacked from the Cabinet, and was later convicted and jailed for both offences. But 18 months later, the leader of the federal opposition and prime minister-designate was again slapped with sodomy charges but in January this year found himself acquitted. Xenophon, who has admitted to have been concerned over the purportedly trumped-up charges against Anwar, was present at the KL Duta court complex during the latter's acquittal.
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