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Lawyer: Spell out clear guidelines for MCMC probe, ‘offensive’ posts not good enough

Syahredzan Johan, flanked by Lim Kit Siang, speaks to reporters after lodging a police report at the Dang Wangi district police headquarters August 15, 2019. — Picture by Emmanuel Santa Maria Chin
Syahredzan Johan, flanked by Lim Kit Siang, speaks to reporters after lodging a police report at the Dang Wangi district police headquarters August 15, 2019. — Picture by Emmanuel Santa Maria Chin

KUALA LUMPUR, Aug 18 — The threshold for investigations into and arrests for offensive social media comments on race, religion or the royalty must be high and reserved only for those inciting violence or hate speech, lawyer Syahredzan Johan said.

The political secretary to DAP Iskandar Puteri MP Lim Kit Siang agreed with views on the need for laws to tackle hate speech, saying it is now rampant on social media and requires urgent action.

But he said the authorities cannot launch investigations or make arrests for assertions or postings merely deemed “offensive”.

“Hate speech on socmed and messenger services have become rampant. Something needs to be done,” the lawyer said on Twitter.

“The threshold for investigations, including arrests must be high. Must have clear guidelines on what sort of reports can trigger investigations. Cannot be merely being ‘offensive’.”

Yesterday, the Malaysian Communications and Multimedia Commission (MCMC) urged the public to lodge a report on any incident or content that touches on 3Rs (Race, Religion and Royal Institution) on social media.

Complaints can now be made via the WhatsApp application to 016-220 6262 or via email to mediasosial@mcmc.gov.my.

The move has been met with concern that such a policy could curb civil liberties, and that it was unexpected of a government that rode to power on the back of promises to enshrine free speech.

As part of its election manifesto, Pakatan Harapan vowed to repeal draconian laws that hindered open criticism.

Syahredzan’s tweets were likely prompted by such concerns. The lawyer has since called on the new administration to outline clearly in law that only posts that incite violence or hate speech are banned.

“Government should at the upcoming Parliamentary session, amend Section 233 of the Communications and Multimedia Act to make it clear that only posts which incite violence, or hate speech, are criminalised, to prevent abuse,” he wrote.

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