Translated and edited by Soraya Abdullah
KUALA LUMPUR: Bangi Member of Parliament, Syahredzan Johan has called on the authorities to pause any investigations and prosecutions related to satire and parody content until certain amendments are made to the Communications and Multimedia Act 1998.
Until these amendments are enforced, Syahredzan said, a moratorium should be imposed on probes into such cases, including that of graphic artist and activist Fahmi Reza, who was summoned by the police on Thursday over a caricature, which was perceived as disparaging the appointment of Tun Musa Aman as the Yang Dipertua Negeri of Sabah.
According to Fahmi, the graphics being investigated are a form of satire, and satire should not be criminalised.
“So while waiting for royal assent, gazettement and the determination of the effective date for these amendments, a moratorium should be imposed on any investigation or prosecution under Section 233(1) of Act 588 related to work categorised as satire and parody,” Syahredzan said in a statement Friday.
The government’s decision to table a bill (RUU) to amend Act 588 is a necessary step as it will offer more freedom and allow for a wider democratic space for artistic and literary works.
Among others, the amendments provide that “false content” does not include content in the form of satire and parody, or which is clearly fictional. The amendments were passed in the Dewan Rakyat on Dec 9 and approved by the Dewan Negara on Dec 16.
Therefore, the proposed moratorium is to respect the disclosure of the legislative intent in approving the amendment bill involved.
“The Parliamentary approval of this Bill sends a clear message about the need to protect satire and parody. However, the amendments have not yet come into force,” Syahredzan said, adding that the authorities should recognise the right to freedom of expression and opinion of every Malaysian.
This right can only be restricted by law if it meets the requirements of the Federal Constitution and cannot be done arbitrarily, he further said.
–WE