KUALA LUMPUR – A government backbencher has called for a moratorium on investigations and charges related to satires and parodies pending the enforcement of the amendments made to the Communications and Multimedia Act (Act 588), which have decriminalised these acts.
Bangi MP Syahredzan Johan from Pakatan Harapan made the urging following the questioning of artist and activist Fahmi Reza by the police yesterday for the graphic made on the newly appointed Sabah Governor Tun Musa Aman.
Fahmi is being investigated under the Sedition Act and Section 233 of Act 588 for improper use of network facilities, and Section 504 of the Penal Code for intentional insult with the intent to provoke a breach of the peace. He posted the graphic on December 17, the same day Musa was appointed as Sabah’s 11th governor.
In a statement, Syahredzan highlighted the activist’s comment that the graphic in question was a form of satire that should not be criminalised and pointed out the amendments made to Section 233(1) of Act 588, among others, removed satires and parodies from “false” elements categorisation, was a necessary step which would create a wider democratic space for art and literature.
However, he said the passed amendments do not have retrospective effects.
“Therefore, pending the royal assent, gazetting and fixed date for the enforcement of the amendments, a moratorium must be imposed on any investigations and charges made under Section 233(1) of Act 588 on satires and parodies.
“Since satire and parodies are still categorised as ‘false’ elements under the act at present and the amendments passed do not have retrospective effects, the moratorium is suggested to respect that legislative intention in passing the amendment bill,” said the DAP MP.
Syahredzan also reminded authorities that every Malaysian has the rights to freedom of speech and expression, adding that these rights can only be suppressed through legal means if it is in line with the Federal Constitution and must not be done arbitrarily.
Previously, Communications Minister Fahmi Fadzil has repeatedly stated that the proposed changes to the Communications and Multimedia Act would enhance Malaysians’ freedom of speech by clarifying overly broad provisions and decriminalising satire and parodies.
In a recent Astro Awani report, the minister reportedly said that the amendments included introducing the term “grossly offensive”, which would raise the bar for when satire and parody would be criminal. – December 20, 2024