MALAYSIA: FREEDOM OF

EXPRESSION 2008

An annual review by

Content Foreword and Credit

1 Malaysian politics post 2008 elections and the impact on freedom of expression

2 First past the race post

4 Freedom of assembly

7 Media Freedom

10 Box- An observation of columns on Pakatan Rakyat

12 Media ethics and hazards of the profession

15 Appendix I- Attacks and threats against journalist

16 Socio-political blogging and online media

18 Access to Information

18 Hopes and Recommendation

18 CIJ in 2008

20 Appendix II- Freedom of Expression in 2008

25 Appendix III- Positive developments and milestones

FOREWORD

The debate for freedom of expression intensified in 2008 following the 12th general election, dubbed the “political tsunami”. Thanks to the changing political landscape, freedom of expression made an impact on the public consciousness as well as building inroads to the national agenda.

In the months after the election, on the pages of news papers were lengthy discussion on the need to free the media. Stories of Malaysians holding demonstrations for various issues has noticeably increased. The internet got more popular as Malaysians were drawn to the type of unregulated exercise of freedom of expression available there.

Responding to such upbeat mood, the ruling government still resisted to any major reform, for example shelving the Printing Presses and Publications Act and the Internal Security Act, nor relinquishing political interference in the newsrooms. Still, 2008 was a year where such stubborness looks awkward in the face of a public that has grown more aware.

Malaysia: Freedom of Expression 2008 documents both the changes and the lack of thereof since the political tsunami of the debate. The review highlights the scenario on freedom of assembly, media freedom, journalism ethics and the state of the profession, and the online media. Appendices are included for the events discussed as well as other relevant happenings.

In retrospect, the Centre for Independence Journalism is hopeful that 2008 was the start of a long-drawn out process to media law reform and greater freedom of expression. The year is a testimony that Malaysians holds the key to a more accountable government through their exercise of freedom of expression.

Gayathry VenkiteswaranExecutive Director

CREDITResearch, Writer and Layout: Yip Wai Fong

Editor:Chuah Siew Eng

Layout Consultant:CS Kim

CIJ would like to thank the Friedrich Naumann Foundation’s Alumni Network (FAN) for allowing us the generous use of pictures.

Malaysian politics post 2008 elections and the impact on freedom of expression

A milestone year marked with small gains amidst strong threats

The 8 March 2008 general election unexpectedly threw the ruling coalition, Barisan Nasional (BN), out of power in five important states and landed it with a significantly reduced majority in Parliament.

Suddenly, the federal government faced the unprecedented threat of losing its political hegemony held since independence - unless it made reforms toward greater transparency, better checks and balances, and a more equitable wealth distribution among a nation that was increasingly divided along ethnic fault lines. Unfortunately, events since the elections showed that the government was still reluctant to embark on legislative reforms toward a true democracy, including in the area of freedom of expression and information.

The flip-flop in reviewing the Internal Security Act (ISA), a preemptive law much criticised for its detention-without-trial provision and misuse over the years especially against government dissenters, best illustrates the case. Hopes were raised by the efforts of newly-minted de facto Minister of Law, Zaid Ibrahim, to push for a review. However, before any change could be effected, Prime Minister Abdullah Ahmad Badawi accepted the resignation of the frustrated Zaid, who was later expelled over another matter from the United Malays National Organisation (UMNO), the dominant party in the BN. No one replaced Zaid’s cabinet position. The federal government continues to resist pressure from the public and its own BN partners against the ISA in its present form, as reflected in the assurance by Najib Abdul Razak, the PM-in-waiting, that the ISA will still be here when he takes power in March 2009.

Nevertheless, the election results have had a positive effect on the public’s attitude as regards freedom of expression, trickling down to the some major presses which noticeably started publishing bolder editorials and opinion pieces that sometimes challenged the official line. The public became more vocal about issues through the Internet, letters to the editor as well as through street assemblies and NGO activity. In a May public poll conducted by the Centre for Independent Journalism (CIJ) with the Merdeka Center for Opinion Research, 80 percent of the respondents (from a sample of 1,203) linked media ownership to the government and said they would like to see a more independent and critical media. This reflected an increasingly vocal demand from the public for openness in information and critical expression.

However, even as made inroads were being made in public demands for greater freedom and equality among the ethnic groups, they have also ignited opposing voices from the long-dominant ethnic group out to preserve the status quo in their favour - in several cases, pitting the more progressive civil society groups against the conservative ones, or splitting members within the same political party in the opposition as well as putting different ethnic groups at loggerheads.

“ISA will remain, but the Government has also made a decision for me and for the minister in charge...and the AG to re-view it...that we can make it less, as it were, painful, or less harsh..”

Former Minister Zaid Ibra-him, in an interview with author/editor Kee Thuan Chye for “March 8- The Day Malaysia Woke Up”. Zaid resigned in Sept and was expelled from UMNO in Dec.

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of the Democratic Action Party (DAP), received death threats and was interrogated by the police for allegedly questioning the jurisdiction of the (Malay) royalty in the state of Perak. In July and August, protests by Malay Muslims, both from UMNO and its usual foes PAS and PKR, disrupted two forums by the Bar Council on the so-called historical agreement on race relations (dubbed the Malaysian “social contract”) and legal issues arising from conversion to Islam. In September, amidst tensions arising from a comment by an UMNO division leader, Ahmad Ismail, on the origins of Chinese Malaysians, blogger Raja Petra Kamarudin, Member of Parliament and Selangor state Exco Teresa Kok and reporter

Deeply entrenched as they are in Malaysian society and politics,

ethnic-based identity and political Islam inevitably become the overarching themes in the freedom of expression landscape. Discussions on these topics tend to be politicised and deemed by the authorities as too “sensitive” for the multiethnic society to handle; hence, there is heavy state censorship of expressions on these issues, hindering efforts to dissect them.

As soon as the elections ended, UMNO-owned Malay language dailies decried the results as a blow to the special position of the Malay majority and race relations. In May 2008, Karpal Singh, a leader

First-past-the-race post

Protesters at the Bar Council’s forum, “Conversion to Islam”. The forum is perceived by the Muslims who protested as questioning the sanctity of the religion, despite clarification and assurance from the organizer, who took care to invite Muslims as part of the panel, that it merely seek to discuss the legal complicity arises in the family of non-Muslims when one converted to Islam without the family’s knowledge. That the protesters are from both ruling and opposition parties and non-political groups raises a debate on the limit of civil discussion about topics such as race and religion in Malaysia.

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Tan Hoon Cheng were arrested under the ISA over allegedly questionable offences relating to race and religion. In October, when Kok filed a RM30mil suit against UMNO-owned Malay daily “Utusan Malaysia” after her release from the ISA, claiming that a defamatory article in the paper led to her wrongful arrest, an UMNO division accused the suit as challenging the honour of Malays and started a fund to help the daily.

The government responded to the rising clamour of opposing voices, the loudest of which were drawn along ethnic lines, by announcing on 16 September a plan to enact a Race Relations law, but without committing to relaxing existing restrictive laws which it deems

important to preserve racial harmony. Talks on the proposal are still on-going with little information revealed to the public.

Thus, race and religious identities remain powder-keg issues to certain segments of the Malaysian society. Having long clamped down on free speech, especially on these issues, and fearing an escalation into no-holds barred debate and open disagreement, the government reprised its Big Brother role through the media outlets it controls or owns, giving rise to fears that the nation may regress to the era of iron-fist rule that characterised the era of Dr Mahathir Mohamad. Indeed, Abdullah’s stepping down from office come March 2009

may mark the closing of the tiny window of opportunity for reforms as his successor Najib is widely perceived to be styled by Mahathir.

The BN government’s response to the increased awareness of democratic rights post-elections was erratic at best. As described in the paragraphs below, it granted small concessions in the exercise of civil rights when it could afford to do so while not hesitating to invoke strong-arm tactics through state and legal apparatuses as per the norm. This was most evident in the area of Freedom of Assembly, a right closely associated to Freedom of Expression in Malaysia vis-à-vis a highly controlled mainstream media.

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The silent minority grew bolder in gathering to state their position on various

causes after the general elections in the expectation that the authorities will finally heed their voices following the emergence of a stronger competition in the form of the Pakatan Rakyat, led by former deputy premier Anwar Ibrahim’s Parti Keadilan Rakyat (PKR).

Among the issues raised were rising prices of goods, labour rights, indigenous rights, intra-UMNO dissatisfaction and ethnic-based demands. The last have come notably from the Hindu Rights Action Force (HINDRAF) and the countervailing Malay rights groups. The latter have also risen in protest of Pakatan’s efforts to move away from ethnic-based policies.

In this environment, the double standards practised by state security agencies became more apparent. Riot police intimidation, water cannons and even arrests for “illegal assembly” would often greet organisers from the opposition parties and Indian rights movement HINDRAF, while “pro-status quo” assemblies were often allowed to take place unhindered.

And while rights advocates view freedom of assembly as a basic right that is not contingent upon the authorities’ approval via a permit, it must still be noted that even in this area there was selective treatment.

Police issued permits to the pro-ISA gathering on 23 November 2008 by the Malay rights group Pewaris, and to the Yayasan Aminul Ummah Malaysia on 29 December. Permit was also given for the march on 13 August by students of the Universiti Teknologi Mara (UiTM) opposing Selangor Menteri Besar Khalid Ibrahim’s proposal to take in non-Malay students into the Malay-exclusive domain. When a group of Malay Muslims from both opposition and ruling parties gathered without a permit at the Bar Council on 9 August to protest the forum titled ‘Conversion to Islam’, police allowed them to disrupt the proceedings and ‘advised’ the organiser to stop the discussion.

On 16 April, police questioned the senior leadership of PKR over the ‘Black 14’ gathering

at a private venue, the Sultan Sulaiman club in Kuala Lumpur. Organised to celebrate the end of a five-year ban on PKR adviser Anwar from active politics, the 14 April gathering attracted 10,000 people despite police warning. Two months later, on 14 June, police arrested the opposition Members of Parliament (MP) who demanded in a rally to the Palace the release of HINDRAF leaders held under the ISA since 2007. The MPs were released on bail the same day. On 16 June, police used water cannon against 700 protestors who gathered in the city in support of Anwar after he faced a new sodomy charge. In July, the police and army attempted to join forces ahead of an opposition-organised rally against the fuel price hikes. Civil society protested strongly against the move and submitted a joint letter to the government.

Freedom of Assembly – double-standard enforcement

Organized by Hindraf, about two thousand marched at the capital city to call for the release of ISA detainees on September.

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The following month, on 14 July, police erected roadblocks at 12 major roads in the capital city leading to the Parliament to face an anticipated rally by the PKR-DAP-PAS coalition to support the no-confidence motion against the Prime Minister. Parliament was made off-limits to supporters or guests of Anwar and other opposition MPs. Massive traffic congestion resulted around the city and the fuming public reportedly sent angry text messages to the police, putting the force and the government on the defensive since the expected rally did not happen.

On 9 November, police arrested 23 people, including opposition MPs, from a gathering to commemorate the anniversary of BERSIH, a civil society initiated Coalition for Free and Fair Elections, whose members include the opposition parties. Incidents of police aggression were captured by the media but the force denied the allegations.

However, amidst public criticism of the double-standard practices, there were incidents where permits were granted to PKR-organised assemblies, notably the stadium gathering on 15 September, the day before the PKR-proclaimed deadline for taking over the Federal government via cross-over of BN MPs. Following the uproar against the sweep on BERSIH on 9 November, police permitted an anti-ISA assembly on 16 November that was attended

by several opposition MPs and state assemblypersons.

On the HINDRAF front, seven people were arrested on 11 May in Penang in a protest to demand for the release of its leaders

detained under the ISA, known as the HINDRAF Five. In September, the court upheld their detention. By October, though it was awaiting registration, the movement was ‘officially’ banned after it attended the PM’s Hari Raya open house

The opposition parties’ attempt to by-pass the restriction in organizing public assemblies, by having it in indoor venues such as a stadium, resulted in assemblies that look carnival-like. The Protes gathering in the Selangor state against fuel price increase, as below, attracted thousands and had musical and lion dance perfor-mance. Although no arrest was made, police maintained it is illegal.

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to submit a memorandum. On 23 October, police arrested 12 people, including a six-year-old who was among a group that tried to submit an appeal letter to the prime minister.

Around the time of the court decision allowing the detention of HINDRAF leaders, the Home Ministry approved on 10 September the registration of Parti Sosialis Malaysia (PSM), a predominantly Indian grassroots party whose leader Dr Jayakumar Devaraj ousted Malaysian Indian Congress president and BN strongman S. Samy Vellu in the general election. The registration took them 10 years and the party had filed a Federal Court appeal against the government rejection.

With no legislative changes, freedom of assembly remains in government control. Selective prosecution and the opposition

parties’ partial success in circumventing the law by organising rallies indoors in the opposition-controlled states - such as the Black 14 gathering at the Sultan Sulaiman Club, the protest against fuel-price hikes and the 15 September rally at the Kelana Jaya Stadium - might have created an illusion of a freer environment.

But for ordinary members of the public or civil society groups without political leverage, getting a permit for assembly, or being allowed to demonstrate peacefully to conclusion, uninterrupted by the police force, remain a rare phenomenon. On 1 June, a CIJ-organised walk for freedom by journalists was disallowed, causing the participants to walk in pairs to avoid the appearance of a gathering. On 13 September, 150 indigenous representatives from all over the country who wanted to march to the Palace to submit a memorandum to the King were stopped by police. In December, a peninsular-wide cycling tour to raise awareness on various issues including the abolition of ISA, organised by grassroots group JERIT, was met with police arrests and harassment throughout the two-week trip. One of those arrested was PSM MP Dr Jayakumar.

“They are engrossed with demonstration, they are

demo crazy”

Inspector General Police Musa Hassan, hitting out at the Oppressed

People’s Network (Jerit) that organized the cycling tour across the peninsular. Police also attempted to charge the organizer for

endangering minors.

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JERIT members and participants of the cycling tour ended their 14-days “ride for change” at the Parliament on 18 Dec and submitted a memorandum to representa-tives from both ruling and opposition parties. Here the parliamentarian from Machang, Saifuddin Nasution from PKR received the memorandum on the demand for the repeal of ISA, to pass a Minimum Wage Act for workers, provide affordable housing, stop the privatisation of public facilities, control the prices of goods and restore local government elections.

The political earthquake jolted not only the BN government out of

complacency but also resulted in noticeable changes in the mainstream media that had long been subservient to the state because of ownership and control factors. Picking up the point that, while their news was still being consumed, they have lost much credibility and clout to the freer sources of information online, the mainstream media took steps to offer more than just the government’s side of the news; media blackout was no longer the major complaint as before. The transfer of power in the states to the Federal Opposition, which had the support of 45 percent of the voting public, made it harder to deny coverage of the non-BN state governments.

The change in the mainstream media also reflected the new tenor in intra-BN relations. Component parties such the Malaysian Chinese Association (MCA) were now openly unhappy with UMNO’s dominance in the ruling coalition, taking heed of their electorate’s election message. Newspapers belonging to these component parties such as MCA’s “The Star”,

grew noticeably more vocal than those owned or linked to UMNO, particularly “Utusan Malaysia” and “New Straits Times”.

Hence, there were fairly frequent reports of the Pakatan administration and its member parties. The difference was in the frontpage, which was still reserved for the ruling Federal Government in BN-owned papers, though neutral coverage of the Federal Opposition could be found in other media not linked to the BN, such as “The Sun” and the new Malay tabloid “Sinar Harian”.

As far as the inside pages of the mainstream dailies were concerned, a discernible pattern of balancing official coverage with opposing views could be detected. For instance, with the notable exception of the UMNO’s “Utusan Malaysia”, several papers were critical of the government’s plan to enact a Race Relations Act and the blocking of blogger Raja Petra’s website. Another interesting trend was the mushrooming of coverage of public assemblies on local issues as opposed to national issues. Protests by local communities, though featured in the local section of the papers, were often given

more space than protests critical of the Federal Government, which were covered in the general news section.

Nevertheless, when the stakes got high for the Federal Government, it was apparent that the mainstream media had to play up the official view and tune down those of the opposition, such as on the unpopular decision to raise fuel prices by 40 percent just after the general election. (See text box)

Another minor improvement was the state-owned media Radio Television Malaysia (RTM) being given the green light to feature the Federal Opposition. Newly minted Information Minister Ahmad Shabery Cheek scrapped the pecking-order rule of “Prime Minister first before Info Minister” and allowed Federal Opposition politicians to be invited to RTM’s talk programmes. He also initiated a 30-minute live telecast of parliamentary proceedings. In November, however, the ministry came under fire for discontinuing three talkshows that had as guests Federal Opposition members and dissidents - RTM1’s “Bersama KSU” (With the Secretary-General), “Semuka Dengan Media” (Face

Media Freedom – small inroads

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to Face with Media), and RTM2’s Mandarin talkshow “What Say You”. On the last, which saw the Chinese community protesting, Shabery Cheek said in his defence that the show was poorly received, citing that it only had 170,000 viewers per episode at airtime 7pm, Sunday. The minister’s broad stroke did little to explain why the decision took effect abruptly. Nor did it shed light on how such decisions were made in the Information Ministry, since a state broadcaster would not typically produce programmes for commercial sustainability. The episode showed that despite its apparently best efforts, the Information Ministry was still ill-at-ease with engaging the public in transparent arguments.

While 2008 has been an encouraging year as there was a surge, especially in the immediate months after the election, of discussion in the mainstream media for greater press freedom and doing away with the law restricting them, the government remained mostly unmoved. Instead, the public was promised piecemeal measures to relax the licencing requirement for publications. For one, Home Minister Syed Hamid Albar said publications might be allowed to make a one-off instead of annual application for a licence, but as the year came to an end, that rhetoric also dissipated.

The licencing provision continued to be employed as a punishment tool of the Executive. On 16 April, citing vague reasons, the

home affairs minister banned Tamil daily “Makkal Osai”. A chorus of protests from the Indian community immediately followed and newspaper editors wrote in defence of the daily. CIJ mobilised more than 200 people who sent e-mail messages to the minister appealing for a revocation of the ban, which they achieved on 25 April.

More worryingly, the government refloated the Media Council plan as part of its National Media Policy with a renewed sense of urgency. Though journalists groups, bloggers and civil society, including CIJ, were consulted in November over the plan, it is very likely that the government will ignore their objections and establish the Council on top of the existing restrictive laws. This may turn out to be a major challenge for media freedom in 2009.

In comparison, Pakatan MPs set a more positive tone for greater press freedom by committing in April 2008 to the setting up of a parliamentary caucus on media freedom and being receptive to the civil society’s memorandum for law reform.

“Indeed, since March 8, quite a number of Malaysians seem to have gone over board with the idea that mainstream media is rapidly going through the process of reforming. We really shouldn’t be so sanguine. We certainly must not see the “mainstream media” as a monolithic entity, because it is not.”- Zaharom Nain, media scholar

“There is never really a loosening, not when you have a division in government whose job is to monitor the press (and other publications), when there are laws which say the minister can shut you down without notice and his action cannot be challenge in court....you think it is less restrictive, so you push the envelope a little further until there is a tug (in the form of action against other publications or a gentle reminder) and you start checking yourself again. The leash may be loosened, but the noose remains.”-Chong Cheng Hai,editor, theSun. Both quoted from “March 8-The Day Malaysia Woke Up”.

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PETROL PRICE HIKE:

A COMPARISON BETWEEN HEADLINES OF

DIFFERENT NEWSPAPERS ON OPPOSITION PARTIES.

In this instant, The Star, New Straits Tines, and theSun have neutral headlines on the four perliamentarians from

PKR who protested the rise in fuel price by cycling to the Parliament. A stark constrast to the three is Utusan

Malaysia, whose headlines “Publisiti murahan: 4 anggota PKR berbasikal ke parlimen” (Cheap publicity: 4 PKR

members cycled to the Parliament), is a direct lift from how the BN Minister, Nazri Aziz described

the exercise. It revealed that the paper’s editorial is synonymous with the

agenda of its owner, UMNO.

The Star

theSun

Utusan Malaysia

NST

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Box- An observation of columns on Pakatan Rakyat

The comeback of the opposition parties and their grouping under the stunning performance of the opposition parties during the 12th general elections as a coalition (later formalised as Pakatan Rakyat) proved too hot a newsmaker to be ignored. A remarkable response from the media was the increase

in columns and analyses on Pakatan.

More than just attention on governance in the Pakatan-held states (Kelantan, Selangor, Perak, Penang and Kedah) , these columns also zeroed in on the pact’s various hurdles along the path of coalition building, stemming from the ideological differences between the Islamic Pas and the more secular PKR and DAP. But the columns inevitably gravitated towards Anwar Ibrahim, the de-facto leader of Pakatan. Thus the second sodomy charge against Anwar Ibrahim, his contest in the Permatang Pauh by-election and the plan to takeover the government on Sept 16 stole the limelight.

To get an idea on the media’s treatment of the opposition parties post 2008, CIJ conducted an analysis of the columns in three English national dailies - NST, The Star and theSun, on the above discussions. Not included in the analysis were the issues of governance and the supposed defection plan involving Barisan Nasional Members of Parliament to the Pakatan. The latter two subjects merit a more in-depth study than the observation can provide.

Acknowledging the small scope, the observation, from April till mid-Dec, tracked a subtle shift in the mainstream journalism away from the dominance of BN. In general, there are more balanced discussion on Pakatan in papers that are ownership-wise less related to UMNO. However, the fact that newspapers use columns to discuss Pakatan also indicate the premium that the ruling government put news space. The paper can distance itself from a column by putting a disclaimer or axing it at anytime, while a news report is more liable of risking the wrath of the Home Ministry, as the example of Sin Chew shows. The daily was issued a show-cause letter and its reporter, Tan Hoon Cheng was arrested under the ISA for a two para story about the racial remark by Ahmad Ismail.

theSun

theSun published the least materials among the three newspapers and most of it were not columns in the strictest sense. It reproduced direct interviews with Anwar Ibrahim and Wan Azizah Wan Ismail from Chinese dailies but also featured its own interviews with individuals in Pakatan. Despite the relatively few materials, the majority were positive in the coverage. Among the three, only theSun had been relatively consistent in its questioning of the circumstances around the sodomy allegation and the credibility of the state agencies pressing charges against Anwar. When Anwar made his debut speech in Parliament as opposition leader, theSun provided a factual coverage of Anwar’s speech on the front page. This was in contrast to the other two dailies which published a column analyzing Anwar’s demeanor instead.

The Star

The Star was the most prolific in publishing columns on Pakatan. In addition to staff writers, the paper had external columnists such as Karim Raslan and Baradan Kuppusamy, though they did not write exclusively about Pakatan’s politics. The variety of views and slants, sometimes published on the same day, was a refreshing change. Among the 33 pieces observed, 19 were considered neutral, eight positive and six critical of Pakatan.

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NST

Of the total of 16 columns observed, they were split almost equally between neutral and critical in slant, leaving none for positive portrayal. But even among the neutral stories, some were implicitly biased against Pakatan through over emphasizing the pact’s sticky situation. During the Permatang Pauh by-election, the columns exhibited pro-government fervour by projecting a tough chance for PKR to win, despite the prevailing sentiment which was translated into the voting results in favour of PKR. In a column about the contest between Pas and UMNO in the Kuala Terengganu by-election, the issue of phantom voters were discussed less as a problem of the electoral system than as mischiefs deliberately played up by the opposition parties.

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The closely connected issues of media ethics and journalists’ safety got a long-overdue highlight in 2008, thanks to the intense rivalry between BN and Pakatan.

Media ethics took a worrying turn after the election in the UMNO-owned Malay language dailies. CIJ monitoring revealed that pro-BN, anti-Federal-Opposition and racist reporting increased. The banning of HINDRAF and the arrest of the Selangor state exco Teresa Kok, a DAP MP, under the ISA in September are both traceable to the unethical reporting by “Utusan Malaysia”. In Kok’s case, the paper appeared to deliberately targetting her.

In September, based on information from anonymous sources and former Selangor Menteri Besar Khir Toyo, the paper accused her of offending religious practices of Muslims and Kok was later arrested under the ISA. Interestingly, Khir distanced himself from the Malay daily when Kok threatened to sue him upon her release a week later. A public spate also developed between the legislator and the paper when it rubbished her complaint about the food served during her detention. Shortly after, the paper took issue on her choice of apparel at a mosque. In October, the newspaper published a short story that ended with the assassination of the protagonist whose description fits Kok. In the ensuing outrage from civil society, the writer, former senior editor Chamil Wariya, denied that he was depicting Kok.

Kok’s suit against “Utusan Malaysia” ignited a debate about media freedom and its limits. “Utusan Malaysia” saw the suit as another proof of Pakatan’s false stand on media freedom, and more disconcertingly, as an assault to the Malay cultural institution. Civil society was accused of advocating a Westernised notion of press freedom ill-suited to the Malaysian context.

CIJ maintained that it was the right of an aggrieved individual to seek redress for media offences at the civil courts, as provided by the law, after exhausting all democratic avenues, especially when there is reasonable ground of damage to the reputation or privacy. The contention with media freedom in Malaysia has always been that the ruling coalition and its allies have, using restrictive laws and via ownership, disproportionately more access to mainstream media and the means to shape discourse than the rest of society. In the absence of fairplay for Kok, her right to sue after the paper rejected the option to apologise or clarify its editorial stand should not be denied, though the demanded monetary compensation must not be excessive as to put journalists out of commission.

Media ethics and hazards of the profession

“It is an unfortunate reflection of our sexist and racist society, that the combination (a Chinese woman in a predominantly Malay male environment), can have unexpected and unpleasant consequences and one of these is that she has become a key target for many mainstream Malay language journalists” -Karim Raslan on Selangor state Exco Teresa Kok, in his column Ceritalah, The Star, 16 Sept.

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In view of the lack of positive policy changes and law reform to free the media, legislation and ownership continued to be effective in making Malaysian mainstream journalists toe the official or the party line. The difference in 2008 was that the line had grown a little wider, thanks to the externally compelled push from a stronger Federal Opposition. There were occasional attempts to test the line farther, but these were always from media organisations not as closely tied to the ruling political parties, such as “The Sun”, “Makkal Osai” and the Mandarin paper “Oriental Daily”. Even so, these dailies are also usually subject to the Home Affairs Ministry’s rebuke and threat of suspension. “The Sun” and “Sin Chew Daily” were issued show-cause letters on 12 September, the same day as the three ISA arrests, for allegedly reporting on racial issues. “Makkal Osai” was briefly suspended in April, while “Oriental Daily” had to impose self-censorship in its election coverage fearing for its (then) yet-to-be renewed license.

Continued biased coverage in favour of the Federal Government not only harmed the mainstream media in terms of credibility, it also led the proverbial brunt being borne by the messenger in the form of violence committed on photographers and restrictions on certain media outlets despite both parties putting press freedom on their campaign agenda.

There were at least two physical assault cases that implicated the PKR: a female photographer covering party adviser Anwar Ibrahim was manhandled by people alleged to be the party’s security personnel, and two photographers were attacked at the highly charged Permatang Pauh by-election that was Anwar’s parliamentary gateway. (see appendix)

In addition, citing unethical practices, Pakatan attempted to bar media professionals with “Utusan Malaysia” and “Berita Harian” at least four times from their events. The party leadership, while apologetic about the assault cases and promising investigation, however showed little interest in demanding redress

Media covearge on the assault of journalists by attackers allegely associated with PKR. In the uppermost picture, The Star reported that Loh Hoon Heong, photog-rapher from “Guang Ming” daily was choked and hit on the head by a security personnel. NST reported that Halim Berbar, from the HBL Agency, was attacked by a group when he tried to rescue fellow photographer, Sairien Nafiz, from being the target of the group. Halim submitted a memorandum to the government ask-ing for better respect and protection for media proffesionals. CIJ pictures.

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via the right of reply for their alleged grievances with the UMNO-owned media.

The Federal Government was strong in its criticism against the incidents, but the reaction was largely targetted at PKR for not walking its ‘media freedom’ talk. The heat generated rare media attention on the issue of safety of journalists and media freedom, but only on the two cases involving PKR. De-facto Law Minister Nazri Aziz said the issue would be raised in the Cabinet following the assault on “NST” photographer Sairien Nafis and French photojournalist Halim Berbar in Permatang Pauh during the by-election, but interest fizzled out by the time it was over.

CIJ monitoring revealed that physical and verbal assaults on journalists, particularly photographers, were more common than generally perceived. The perpetrators were both the ordinary members of the public and politicians from both sides of the divide. Generally unaccustomed to defending its own given the restrictions it works under and the poor understanding of the Fourth Estate’s role in general, the media gave such incidents minimal coverage, which might lead to more cases of impunity in 2009 if unaddressed.

However, two incidents of solidarity among the media professionals stood out in 2008. The first was the ban on “Makkal

Osai”, which saw newspaper editors crossing the line of political ownership to openly disagree with the ban. The second happened on 24 June, when media workers were barred from the Parliament lobby, where journalists often congregate to interview with MPs; the head of Parliament thought there were too many journalists at the august house getting in the way of the MPs. Journalists and photographers united to boycott parliamentarians’ speech except during the main proceedings, and succeeded in getting the ruling shelved a day later. Also in June, CIJ worked with other civil society groups like BENAR (Truth) and Writers Alliance for Media Independence (WAMI) to organise a journalists’ walk for media freedom.

The presence of the Light Strike Unit at the Permatang Pauh by-election. Following the photographers assault case and the ensuing wide coverage, BN politicians called the by-election the “most violent ever”. Picture by Danny Lim, courtesy of FAN.

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Appendix I

Attacks and threats against journalists “Harian Metro” reporter Mohd. Rashidi Karim and “Berita Harian” reporter Adha Ghazali are

attacked by a group said to be BN supporters while covering the election campaigning in the Perlis state capital Kangar. The outgoing Perlis Menteri Besar Shahidan Kassim apologises for the incident on 18 Feb.

Police question journalists R. Nadeswaran and Terence Fernandez from “The Sun” over their expose of Balkis, the Association of Wives of Selangor Assemblymen, transferring out funds soon after BN lost the Selangor state to Pakatan Rakyat.

Police reportedly question reporters in connection with DAP MP Karpal Singh’s statement that questioned the jurisdiction of the Perak royalty.

Around 20 thugs, armed with clubs, parangs and clubs, turn on “Utusan Malaysia” photographer Roy Azis Abdul Aziz and “Merdeka Review” journalist Chow Z Lam after the two catch them in action against Bandar Mahkota Cheras residents in Kuala Lumpur; the residents were attempting to demolish a barricade preventing access to a toll-free road.

“Sin Chew Daily” reporter Chen Shi Chuan, who is based in Sitiawan, Perak, is attacked by nearly 30 people while covering a fatal road accident.

Parliament bars journalists from the lobby area, often used to interview MPs. After a boycott threat by the journalists and protest from the MPs, the ruling is shelved on 25 June.

As part of the PKR policy to boycott Malay daily “Utusan Malaysia”, the daily’s reporter is barred from an event at the party’s headquarters in Petaling Jaya.

Four photographers covering the televised debate between PKR adviser Anwar Ibrahim and Information Minister Ahmad Shabery Cheek are assaulted by security personnels at Dewan Bahasa dan Pustaka (Institute of Language and Literature), where the debate is held. Photographers Zulkifli Ersal of “The Sun”, Khairul Hasnor Mohd Khalili of “The Edge”, Othman Abu Bakar from “The Edge Financial Daily”, and cameraperson Hanafiah Hamzah from Channel News Asia are also prevented from taking pictures of the speakers by security personnels.

A “Guang Ming Daily” photographer covering Anwar Ibrahim’s public speech is assaulted by a group of people who are alleged to be PKR security personnel. Loh Hoon Heong says they tailed, surrounded, kicked and choked her. PKR president Wan Azizah apologises over the incident but the party denies the attackers were their security team.

While covering the Permatang Pauh by-election, two photographers from “New Straits Times” and HBL Press Agency are beaten by a group after the former takes pictures of them harassing a passing vehicle belonging to the BN. The group is believed to be PKR supporters.

PKR bars an “Utusan Malaysia” reporter from covering its function at the Negeri Sembilan state.

Police arrest and question “Malaysiakini” videographer Shukri Mohamad at BERSIH’s first anniversary gathering. They stop “Suara Keadilan” reporter Shafiq Sunny and photographer Mohd Fahmi from covering the police action against those gathered.

Malaysiakini journalist Wong Choon Mei resigns for publishing a manifesto that allegedly comes from Prime-Minister-in-waiting Najib Abdul Razak, which he refutes.

“Utusan Malaysia” photographer Najib Mohd Nor is prevented from taking pictures of Perak Menteri Besar Nizar Jamaluddin being served a legal notice to apologise to his UMNO predecessor Tajol Rosli.

While on duty covering an MIC meeting, “Makkal Osai” reporter S. Venugar is warned by MIC President S. Samy Vellu not to publish his story. The party strongman also seizes photographer M. Samy’s camera.

26 Feb

6 May

12 May

27 May

11 June

24 June

1 July

15 July

3 Aug

18 Aug

11 Sept

10 Nov

21 Oct

12 Nov

16 Dec

Appendix I

15

The general election revealed the government’s fangs when it came to the freer

online media. Critical bloggers continued to be targetted, and right on the bull’s eye was Raja Petra Kamaruddin. The government mounted criminal charges against him, blocked his website, raided his house and seized his computer, and detained him for two months under the ISA for his postings on Islam and the high-profile murder of a Mongolian national. Two other bloggers, Syed Azidi Syed Hamid and Abdul Rashid Abu Bakar, were remanded for investigation for allegedly insulting the state’s symbols; they were later released on bail.

Yet, the general election drove home the point that the government could no longer antagonise the repressed voices that found an outlet for expression via the Internet. Though the government attempted to stem the tide of free-flow information in critical blogs, for example by blocking Raja Petra’s site and threatening investigation of several sites, its efforts proved futile. Raja Petra’s mirror site was up soon as the original was blocked and the block was much criticised even in the usually subservient major dailies. Toward the end of the year, a proposal to set up a Media Council, was strongly suspected to be the government’s next attempt

to control the Internet.

Paradoxically, even as the new media received its strongest threat in the persecution and prosecution of its most influential dissident, the virtual world also got a boost in July with the issuance of press accreditations to the nine-year-old multilingual “Malaysiakini” and Mandarin online daily “Merdeka Review”. The year also witnessed two new for-profit online news and features sites, “The Malaysian Insider” and “The Nut Graph”, both run by former print journalists.

In July, instead of dismissing the online discussion on national issues, the Federal Government actually engaged with an altercating public on issues such as the petrol price hike in a televised debate that saw the previously treated-as-taboo politician Anwar Ibrahim as one of the major speakers.

Blogging was given an inadvertent boost when several senior government officials and ruling party members joined the blogosphere to resuscitate or boost their popularity and to better reach the youths in their constituency. Among them were Prime-Minister-in-waiting Najib Abdul Razak and former Selangor Menteri Besar Khir Toyo, but outshining them all was retired prime minister Dr Mahathir

Socio-political blogging and online media barely tolerated - but for how long?

“Berani kerana benar” (Courage for the truth)-Label/Motto/Name of the personal website of the Minister of Home Affairs, Syed Hamid Albar.

16

Mohamad who continues making his voice heard loud and clear via his highly popular blog, “chedet.com”, which focused on criticism of his successor’s administration.

While some bloggers remained on the Federal Government’s blacklist, others were cultivated as guests or participants at government functions in the hopes of raising the authorities’ standing online and improving their usually confrontational relationship. The efforts almost bore fruit as one bloggers’ meet discussed whether they should adopt a voluntary code of ethics. However, since the suggestion came from the home affairs minister and was echoed by the subservient National Union of Journalists (NUJ), the blogging community largely viewed it as lacking credibility and a disguised move toward online censorship.

Indeed, the persecution of Raja Petra Kamarudin was perhaps the best illustration on the state of freedom of expression in Malaysia on several levels. The popularity of his site, “Malaysia Today”, reflected the inability of the shackled mainstream media to provide the public with the information they need and be the watchdog of the powerful and powers that be. Internet-savvy citizens turn to “Malaysia Today” despite the questionable sources of its contents, much of which is

based on rumours (something which Raja Petra himself admitted in an interview with international broadcaster Al-Jazeera), to fill the gaps in information and to express dissatisfaction with the ruling Federal Government in power since the country’s independence. Little surprise that the persecution of Raja Petra magnified public support for him, as evidenced by the crowds that thronged the courtroom during his trial and the public drive and vigils to demand for his release from ISA detention.

On another more menacing level, however, the various actions against him were a potent reminder that the online space was not the haven that the Multimedia Bill of Guarantee had projected through its no-censorship clause, and the Federal Government rarely relaxed control of public discussion and dissemination of ideas and was more than willing to use the current laws against online writers and content providers.

BN POLITICIANS TURNED BLOGGERS/WEBSITE OWNER

* Former Selangor chief minister, Khir Toyo starts a blog on 31 March

* Malacca Chief Minister and UMNO Vice President, Mohd Ali Rustam starts a blog on 10 April.

* UMNO Information Chief, Muhammad Muhammad Taib, who wanted Raja Petra Kamaruddin prosecuted, becomes a blogger on 21 April

* Former Prime Minister Mahathir Mohamad starts his blog on 1 May. He once said he was reluctant to allow no Internet censorship in the Multimedia Bill of Guarantee.

* UMNO Youth launches its blog on 11 June

* MCA President Ong Tee Keat launches his second website, www.ongteekeat.net on 9 Aug, in addition to www.ongteekeat.com

* Najib Tun Razak set up his personal website, www.1Malaysia.com.my

17

Access to Information - the biggest gain

The political change also boosted the possibility of access to information legislation, either at federal or state levels. Civil society groups have engaged state governments in the Pakatan Rakyat states to propose the enactment of state-level freedom of information (FOI) laws. The

Selangor and Penang state governments have made public announcements to introduce FOI laws in their states within the year. In June 2008, Member of Parliament for Subang from PKR, R. Sivarasa, tabled a Private Member’s Bill on the FOI. Unfortunately, opposition motions in Parliament often are not given priority and pushed over for government-led bills. With the BN government opposed to the enactment of an FOI, prospects of a federal-level law are dim.

On disclosure of public information, a breakthrough of sorts was seen in the Works Ministry’s releasing of controversial concession agreements with 11 private highway toll companies. In early January 2009, the ministry allowed limited public viewing of the contracts on its premises, sparking calls for more disclosure of such contracts.

Recommendations and hopes for 2009

Expectations remained high for Pakatan MPs in 2009 to move on to a set of concrete agendas and roadmap for the caucus to be multi-partied. The setting up of a caucus is urgent not only as a platform to prepare for law reform, but also to discuss the issue of media professionalism,

which has been controversially linked to Pakatan.

To encourage the solidarity among journalists, a platform is needed for journalists to bring in the open the principles and state of the profession beyond its commercial aspects. Journalists need to be represented and heard on issues relating to their safety, their right to information, the impact of media commercialisation and political ownership, and the legislative restrictions they are forced to work under.

CIJ in 2008

The Centre for Independent Journalism (CIJ) continued its work in advocacy, community training and research during the year under review, gaining ground in awareness-raising on threats against journalists and media freedom, and in law reform. A summary of the activities

are described here.

Access to Information

* CIJ collaborated in efforts to support the MP for Subang, R. Sivarasa, to table a Private Member’s Bill on the FOI in June 2008. Unfortunately, the state of our Parliament, which continues to be dominated by an unrepentant ruling party that has rarely looked at issues across the board and based on merit rather than sponsorship, means that bills from the federal opposition are unlikely to see the light of day.

* At the state level, with the collaboration of CSI Parliament and Coalition for Good Governance, CIJ and the Selangor state government has established a Task Force on FOI. The state government has

18

committed to enact an FOI law by the middle of 2009.* CIJ is also working closely with Transparency International on outreach work, which will start with a Training of Trainers in January 2009.

19

Media Defence, protection of journalists and free expression

* CIJ has been issuing alerts on violations of freedom of expression since 2004. We have used this opportunity to raise these issues at the international level and have had Reporters Without Borders and the Committee to Protect Journalists responding to the threats against journalists and bloggers.

* In November 2008, CIJ and other civil society groups which include the Bar Council Human Rights Committee, Suaram and Komas, submitted a memo to the Parliament and government on the need for a select committee on media law reforms.

Community media and training

* Our training on audio reporting with communities (orang asli, urban poor, etc) is gaining ground. We are linking up with activists to combine training on human rights and communication rights. As in every year, we participated in the 16-Day Campaign to end Gender Violence by using ICT to promote awareness on the issue and increase women’s participation in the campaign.

* We have hooked up with a number of associations and individuals who have participated in our audio training and journalism training. Research on Internet censorship and surveillance

* This is part of a global project by the Open Net Initiative, whose Malaysian report is coordinated and produced by CIJ in collaboration with the Association for Progressive Communications-Women’s Networking Support Programme to introduce a gender framework for analysis of Internet space.

One of the highlight events by CIJ is the Walk for Media Freedom , jointly organized by Benar for Free and Fair Media, Writers’ Alliance for Media Independence and supported by All-Blogs and National Union of Journalists. Particpants, wear-ing the button badges above walked for a short distance from the Merdeka Square to Press Club at Kuala Lumpur.

CIJ collaborated with the Annex Gallery on the Exhibition on the Federal Constitution in Sept to raise awareness of the various amendments made since Independence.

One of the trainings CIJ conducted with marginalized communities. Here CIJ and indegenous group Jaringan Orang Asal train community leaders on ICT and media rights.

Appendix I

Freedom of expression (FoE) in the year 2008

Despite renewing the licence of Catholic weekly “The Herald”, whose licence for the Malay language segment was however terminated in December 2007, the Cabinet decides that the publication cannot use the word “Allah”. Other words prohibited for non-Muslim publications are “solat”, “kaabah” and “baitullah”.

Police use water cannon to disperse 300 people at a vigil against the Internal Security Act (ISA) on Jalan Lebuh Pasar in the capital city Kuala Lumpur.

Police arrest eight people who distributed anti-government pamphlets outside the Terengganu state High Court, which was holding the trial of participants of the BERSIH roadshow for free and fair elections in Batu Burok town.

Then Minister of Information Zainuddin Maidin asked Malaysian media to censor themselves when reporting about the Indonesians in the country and suggested the Indonesian media to do the same. At that time, the papers were rife with news on court cases about abuse of Indonesian domestic workers by their local employers and criminal activities by Indonesian migrants.

The Internal Security Ministry tells “The Sun” daily that it seized, from bookshops nationwide, 163 non-Islamic books that allegedly had the word “Allah” to “study” them in an operation to check publications from tarnishing public order and morality.

Eight more, including a 16-year-old, are charged for illegal assembly from a group that had gathered at the Batu Caves temple to take part in the Hindu Rights Action Force (HINDRAF) rally in November 2007. A total of 66 people are claiming trial.

Police arrest 56, including politicians from the Federal Opposition parties and online daily “Malaysiakini” reporter Syed Jamal Zahiid at a rally against rising prices. On the day before, roadblocks were erected around the venue, the Kuala Lumpur City Centre, to prevent outstation people from attending. Two days before, organiser Protes (Coalition Against Inflation) was warned by police to abandon the plan.

Thirty-four are charged for participating in the Protes rally (see above); among them leaders from the Federal Opposition Parti Islam Se-Malaysia (PAS) and Parti Keadilan Rakyat (PKR).

Eleven books in English and Malay about Islam are banned for “deviating” from the “true teachings”.

“Malaysiakini” reports that vocal Chinese daily “Oriental Daily News” has released a self-censorship-styled guideline to its reporters on coverage of the general election to come, in the light of the uncertain state of its licence which has been awaiting renewal since December 2007.

Police said that election candidates are required by police to submit a complete list of their campaigning speeches, including dates, venue and topics, after nomination.

Police warn supporters and members of UMNO in Terengganu from gathering over a tussle between the party and the royalty on who should be the state’s Menteri Besar following the 8 March general election.

Home Affairs Minister Syed Hamid Albar bans Dutch lawmaker Gerth Wilders’ short, “Fitna”, which links Islam with acts of terrorism.

The National Fatwa Council rules that “Fitna” is an insult to Islam and calls for a boycott of Dutch products.

Appendix II

3 Jan

5 Jan

6 Jan

7 Jan

14 Jan

14 Jan

26 Jan

28 Jan

30 Jan

15 Feb

18 Feb

24 March

31 March

2 April

20

Appendix I

Continued from previous page

Police question four leaders of the PKR over the Black 14 gathering in Kuala Lumpur, organised to celebrate the end of a five-year ban on party adviser Anwar Ibrahim from active politics. Before that, police also warned the public from attending the gathering despite it being held in a private venue, the Sultan Sulaiman club. The gathering attracted 10,000 people.

Tamil language daily “Makkal Osai” is banned for “breaching permit guidelines”, though the Home Affairs Minister did not specify the said guidelines. Following protests from the public and the media fraternity, the ban was lifted on 25 April.

Police warn the public of potential arrest if they sabotaged the Olympic torch relay whose Kuala Lumpur leg was scheduled for 21 April.

Prime Minister Abdullah Ahmad Badawi and Information Minister Ahmad Shabery Cheek want the live TV coverage of parliamentary proceedings to be cancelled after the members of Parliament (MPs) were shown using crude language. However, the Cabinet decided against the decision in June.

Police cordon off the Merdeka Square in an attempt to block a group from gathering there to demand for better workers’ conditions. The 200-strong gathering is reduced to a walk in pairs to a nearby location, minus banners and rallying shouts.

Blogger Raja Petra Kamarudin is charged under the Sedition Act over his blog posting questioning the investigation of the murder of Mongolian national Altantuya Shaaribuu. A commentator on his blog, Syed Akbar Ali, was also charged.

Police arrest seven in the Penang state for participating in a protest by HINDRAF to demand for the release of its leaders in ISA.

Police question Democratic Action Party (DAP) leader Karpal Singh over his statement about the jurisdiction of the Perak state royalty following a police report lodged by UMNO Youth on 5 May. The Federal Opposition MP reveals on 12 May that there are 20 reports lodged against him on the matter.

The Federal Court rules the ISA detention of HINDRAF leaders as lawful, allowing them to be detained for the initial two years as provided by the law.

Police tell the press that they are investigating some UMNO members under the Sedition Act for criticising the royalty in Terengganu and Perlis, two states where the royalty rejected the UMNO-backed candidates for the Menteri Besar post.

The government lodge a police report against several media outlets for publishing the Royal Commission of Inquiry on the V.K. Lingam video clip before it is made public.

Karpal Singh receives a death threat over his statement about the royalty (see above).

The Ministry of Energy, Water and Communication reveals that 22 websites are being investigated, including 17 that have been blocked. The Ministry was also investigating a clip in the website of the British Defence Ministry depicting a Malay as terrorist. On 29 May, the British government withdrew the clip.

Police warn the public from going to the streets following the rise in fuel prices. The warning is repeated on 11 June.

Police questioned BERSIH committee members, Faisal Mustafa and Medaline Chang, on the coalition’s roles in the November 2007 rally.

Appendix II

16 April

16 April

20 April

1 May

1 May

6 May

11 May

11 May

14 May

15 May

16 May

20 May

26 May

6 June

12 June

21

Appendix I

Continued from previous page

Police arrest three MPs who participated in a rally to the Palace to demand the release of HINDRAF leaders held under ISA since 2007. The MPs were released on bail that day.

Two more are charged for participating in Protes’ January gathering against rising prices, in addition to the 35 already charged.

Police warn that those who spread text-messaged “rumours” about an impending strike by petrol station owners will be arrested under the ISA.

The Home Affairs Minister says the government is formulating a national media policy to regulate press freedom in the country.

Malaysian Indian Congress (MIC) President Samy Vellu filed a defamation suit against Tamil daily “Malaysian Nanban” for publishing a story deemed libellous.

A police report is lodged against the Malaysian Bar Council for organising a public forum on the Malaysian ‘social contract’, a widely believed historical agreement about the positions of the various ethnic groups in the country in relation to each other. On 29 June, the prime minister says the forum should not be held as it would offend the Malay community.

Police warn people off from another Protes street rally in the PKR-ruled Selangor state, prompting the Menteri Besar to move the venue to a stadium. But the police still deem the gathering illegal.

A local councillor in the PKR-ruled Selangor state, M. Sunthararajo, lodges a police report against private broadcaster TV3, alleging false reporting.

Police erect roadblocks at 12 major roads leading to the Parliament to prevent an anticipated rally by the PKR-DAP-PAS alliance to support a no-confidence motion against the Prime minister. Parliament was made off-limits to guests of PKR adviser Anwar Ibrahim and the Federal Opposition MPs. However, no rally transpires, as the Federal Opposition assured earlier.

Police use water cannon against 700 who gathered in the city in support of Anwar Ibrahim, who faces a new charge of sodomy following his highly expected return to Parliament at the end of a five-year ban for corruption related to a sodomy verdict that was later overturned.

Blogger Raja Petra Kamarudin is charged under three counts of criminal defamation over his statutory declaration linking the deputy prime minister’s wife, Rosmah Mansor, and two others with the murder of Mongolian national Altantuya Shaaribuu.

The government threatens action against Hospital Pusrawi for leaking medical information about the accuser of Anwar Ibrahim’s sodomy case, Saiful Bukhari Azlan. This comes after “Malaysiakini” reveals a medical report on Saiful as not showing signs of being sodomised. On 18 June, the doctor who examined Saiful, Mohamed Osman Abdul Hamid, makes a statutory declaration defending his report.

Police arrest blogger Abu Bakar Mohd Rashid, known also as “Penarik Beca”, for publishing a modified emblem of the police force in his blog. After apologising, he is released on 8 August.

7 Aug - Police arrest four from HINDRAF for staging a gathering at the venue of the Commonwealth Parliamentarian Conference demanding the release of their ISA-detained leaders.

9 Aug - PAS Youth in the Kuala Lumpur Federal Territory calls for a ban on Canadian artist Avril Lavigne’s concert, scheduled on 29 August.

Appendix II

14 June

16 June

24 June

3 July

3 July

6 July

9 July

14 July

16 July

17 July

31 July

7 Aug

7 Aug

9 Aug

26 June

22

Appendix I

Continued from previous page

A forum by The Malaysian Bar Council on the legal complications arising from a spouse’s conversion to Islam is disrupted by Muslim protesters from both ruling and opposition parties, who say the forum is challenging Islamic teachings and the position of Muslim Malays. Prior to the forum, Deputy Prime Minister Najib Abdul Razak and PAS leaders voiced their objection to the forum.

UMNO and PAS leaders urged ISA and the Sedition Act to be used against Bar Council for organising the forum.

UMNO Youth in Johor lodges a police report against the Bar Council over the forum.

The prime minister calls for a stop to public discussion about the race and religion.

“The Herald” is reported to have been issued a show-cause letter by the Ministry of Home Affairs for publishing political articles, a charge the paper denies.

A Malay student group lodges a police report against the Selangor Menteri Besar for suggesting a 10 percent intake of non-Malay students in the Malay-exclusive Institute Teknologi Mara (UiTM) to improve competitiveness. UiTM students also march in protest against the suggestion.

The Home Affairs Ministry bans two books on Islam - one, a publication by Muslim women NGO Sisters-in-Islam.

Prominent UMNO-linked lawyer and National Human Rights Commissioner SUHAKAM member Shafee Abdullah lodges a police report against blogger Raja Petra for alleging his involvement in Anwar Ibrahim’s sodomy charge.

A court fines 27 participants of a 2007 HINDRAF rally were fined RM1,000 each.

The Unity, Culture, Arts and Heritage Ministry scraps Avril Lavigne’s concert, but reverses the decision on 23 Aug.

Police raid blogger Raja Petra Kamarudin’s house and confiscate his laptop, scanner and some documents in connection with the Pusrawi doctor’s statutory declaration.

Raja Petra Kamarudin’s blog, “Malaysia Today”, is blocked by order of the Malaysian Communications and Multimedia Commission (MCMC). After public protest and subsequent denial by the MCMC, the block is lifted on 11 Sept. Its mirror site continued operating while the block was in place.

BN component party Gerakan lodges a police report against an UMNO divisional leader, Ahmad Ismail, about his reported statement on the immigrant origins of the Chinese in the country. The statement draws flak from Chinese leaders from both sides of the political divide as well as from the community, prompting the deputy prime minister to apologise on behalf on UMNO. Ahmad Ismail is adamant that his statement is fair and blamed the media for putting it out of context. Two other reporters come forward on 6 Sept to confirm hearing his words. On 9 Sept, “Sin Chew Daily”, which reported the statement, denies playing it up.

Police say Ahmad Ismail is being investigated under the Sedition Act.

Police question Raja Petra Kamarudin on allegation that the Pusrawi medical report originated from his blog.

The Department of Islamic Development Malaysia (JAKIM) lodges a police report against blogger Raja Petra Kamarudin for allegedly insulting Islam and the Prophet Muhammad.

Appendix II

9 Aug

10 Aug

12 Aug

17 Aug

17 Aug

22 Aug

27 Aug

30 Aug

3 Sept

5 Sept

11 Aug

12 Aug

14 Aug

14 Aug

19 Aug

4 Sept

23

Appendix I

Continued from previous page

Court upheld the continued detention of the “Hindraf Five” under ISA.

UMNO Bukit Bendera division leader Ahmad Ismail is suspended from the party.

The Home Affairs Ministry issues a reminder to media to comply with its guidelines after lifting the block on “Malaysia Today”.

The Home Affairs Ministry issues show-cause letters to newspapers “The Sun” and “Sin Chew Daily” and PKR organ “Suara Keadilan” for “breaching publications guidelines”.

Raja Petra Kamarudin, Selangor State Exco Teresa Kok and “Sin Chew Daily” journalist Tan Hoon Cheng are arrested under the ISA. The arrests drew strong protests, not only from Federal Opposition parties and the civil society, but also Minister in PM’s Department Zaid Ibrahim and BN component parties Malaysian Chinese Association (MCA), MIC and Gerakan. The Home Affairs Minister bears much ridicule for saying that the journalist was arrested to protect her from death threats.

SUHAKAM condemns the arrest of the journalist, a day after she is freed.

UMNO Youth Chief Hishamuddin Hussein voices disagreement with the use of the ISA against the journalist, while outspoken Perlis mufti Dr. Asri Zainul Abidin criticises its use. Minister Zaid Ibrahim announces his resignation in protest of the arrests. The resignation is accepted on 16 Sept, with several UMNO leaders welcoming it.

The government starts a discussion on enacting a Race Relations law without committing to relaxing other restrictive laws nor offering details of the plan for the new law.

Blogger Azidi Syed Aziz, known as “Sheih Kickdefella”, is remanded for publishing an upside-down national flag in his blog.

State Exco Teresa Kok, who is also a Federal Opposition MP, is freed from ISA. Police say they have completed investigation on the allegation by “Utusan Malaysia” that she prohibited a mosque from amplifying the dawn call for prayer (azan).

Blogger Azidi Syed Aziz is freed from police detention. On the same day, the Home Affairs minister says the ISA will not be reviewed despite calls by BN component parties.

The Education Ministry ‘asks’ teachers not to discuss political issues in classrooms.

Student rapper Wee Meng Chee is questioned by the police over his controversial rendition of the national anthem, posted in popular video-sharing site YouTube in 2007.

Blogger Raja Petra Kamarudin is given a two-year detention under the ISA for allegedly “ridiculing” Islam and sent to the Kamunting camp. He is also to undergo “religious rehabilitation”.

Police confiscate anti-ISA leaflets and disperse protesters in Kuala Lumpur.

Two molotov cocktails and a threatening note are thrown into the residence of MP Teresa Kok.

Teresa Kok files a RM30mil suit against “Utusan Malaysia” over an article alleging that she stopped mosque from broadcasting the azan, which led to her arrest under ISA. In response, an UMNO division starts a fund to help the daily and accuses the Federal Opposition MP of challenging the Malay honour.

Appendix II

9 Sept

10 Sept

12 Sept

16 Sept

17 Sept

20 Sept

23 Sept

9 Oct

14 Sept

19 Sept

27 Sept

11 Sept

12 Sept

15 Sept

20 Sept

23 Sept

26 Sept

24

\

Continued from previous page

14 Oct “Utusan Malaysia” demands Teresa Kok to retract her claim that the daily has “twisted” her statement about the poor food she was served with while under ISA detention.

14 Oct Three men are fined RM2,000 for disrupting the 2006 Article 11 forum on freedom of religion, which also touched on conversion into Islam.

14 Oct The MCMC prohibits private broadcaster ntv7 from broadcasting live the debate between the MCA candidates for the party’s vice president post, citing late application.

15 Oct The government ‘bans’ the yet to be legalised HINDRAF movement. The catalyst of the ban is a visit to the prime minister at his Hari Raya open house to submit a memorandum and the subsequent negative coverage in Malay media.

18 Oct Human rights activist Cheng Lee Whee is arrested under the ISA for posting a police report she lodged alleging abuse of police power in evicting urban settlers in the Johor state.

18 Oct DAP lodges a police report against “Utusan Malaysia” and writer Chamil Wariya over a short story about the assassination of a Chinese female politician whose description resembles DAP MP Teresa Kok.

Appendix II

Appendix III

Positive developments and milestones25 March Newly minted Information Minister Ahmad Shabery Cheek drops the news pecking-order

rule in state broadcaster RTM of Prime Minister first, Deputy Prime Minister second, and Information Minister third.

19 April Parti Keadilan Rakyat (PKR) organ “Suara Keadilan” gets its permit.

30 April The first television transmission of the 30-minute live broadcast of question time in Parliament.

1 May The Home Ministry lifts the ban on Karen Armstrong’s book, “A History of God”. However, local artist Sharon Chin reveals that the Abdullah administration has banned 279 books since coming to power in 2003, which translates to an average annual increase of 43 percent.

17 June The Home Ministry agrees in principle to approve the registration of Parti Sosialis Malaysia (PSM). The party is officially registered on 9 Sept after a 10-year wait.

26 June PAS organ “Harakah” is allowed to resume publishing twice weekly from twice monthly since 2004.

1 July Social and political bloggers are invited to the Media Award ceremony given by the Defence Ministry, then helmed by PM-in-waiting Najib Abdul Razak.

6 July “New Straits Times” reports that the Information Ministry will be giving 10 online news sites media accreditation tags.

25

Continued from previous page 15 July Bernama TV, TV9 and Astro Awani broadcasts live the debate between PKR de-facto leader

Anwar Ibrahim and Information Minister Ahmad Shabery Cheek on fuel price hikes.

20 Aug TV9 broadcasts live the debate between the Penang Chief Minister Lim Guan Eng and his predecessor from Gerakan, Dr. Koh Tsu Koon, on the state’s land controversy.

15 Sept Minister in PM’s Department Zaid Ibrahim, tasked with law reform, resigns in protest of the ISA arrests of Teresa Kok, Raja Petra Kamaruddin and Tan Hoon Cheng. The prime minister accepts the resignation on 17 Sept.

16 Oct The Conference of Rulers issues a special press statement raising concern about the increasing politicization of ethnic and religious issues by various groups.

18 Nov The government and the 22 highway concessionaires agree to declassify the toll concessionaire agreements.

24 Nov After 13 years, a High Court frees activist and politician Irene Fernandez from a jail sentence conviction under the Printing Presses and Publications Act (PPPA) over her memorandum on torture in migrant camps.

16 Dec The Witness Protection Bill is tabled for the first time in Parliament.

About CIJ

The Centre for Independent Journalism (CIJ) is a non-profit organization which aspires to create a society that is democratic, just and free, where all people will enjoy free media and the freedom to express, seek and impart information.

CIJ was started in response to the political crisis of 1998 as Saksi.com, a website that attempted to give broad analysis to current events. Today we have expanded our effort to advocacy of freedom of expression (FOE) and information (FOI) and to encourage proffesional journalism practices and media freedom in Malaysia.

Our objectives;Promote and defend the exercise of FOERaise public awareness on FOE/FOI to mobilize support for media freedom, expression and access to

information.Ensure good policies and advocating legislative changeFacilitating marginalized voice through community radio

Contact Us

27C Jalan Sarikei, off Jalan Pahang53000 Kuala LumpurTel: 03 4023 0772Fax: 03 4023 0769www.cijmalaysia.org

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