Media Must Move Public Opinion to Decriminalize Defamation

Date: 5th Jun, 2009

Joint Press Statement

Pertaining to the recent incident where MCA president cum Transport Minister Datuk Seri Ong Tee Keat lodged a police report against a Chinese-Language magazine Special Weekly, calling for a probe into the weekly story to determine if it contravenes section 8(A) of the Printing Press and Publication Act 1984 for publication of false news and Section 500 of the Penal Code for criminal defamation, and the various investigations conducted by the police against politicians such as MP Lim Kit Siang, MP N Gobalakrishnan and Badrul Hisham for allegedly committing “criminal defamation”,

We, the undersigned organizations put forth our position as below:-

1. As the professionalism and independence of the media are vital to democratic life, any law, regulation and responses to unprofessional and biased conducts of the media must not hurt the two core functions of media, namely as the public opinion power of press (or know as the fourth estate) and in providing a public sphere for deliberation on public affairs. Otherwise, the ultimate casualty would be our democratic life.

2. As a recourse when one’s reputation is intentionally and maliciously tarnished by media, defamation suit must be exercised with due care and consideration. In all matter, it should be the last resort after all attempts to seek correction or apology have failed. Politicians who enjoy access to public resources due to society’s support must gracefully accept the scrutiny of media and public opinion. Considering the difficulty for ordinary citizens to be informed about the use of governmental power, which inhibits democratic participation, the media must be accorded room for unintentional mistakes, as long as reasonable efforts have been made in investigation and fact verification. Most important of all, defamation lawsuit against media by the public figures should be based on the proof that the media had intentionally done so to cause damage or actual malice standard, instead of unintentional errors. Thus, only will the media be accorded room to scrutinize the public officials.

3. The very existence of the “criminal defamation” offence and the harsh penalty for “false news”, not only will fail to promote professionalism of the media, actually provides grounds for the state to suppress freedoms of expression and information. That the police are now investigating politicians on criticisms against political opponents under “criminal defamation” shows that Section 500 of the Penal Code has mutated into a substitute of the Sedition Act, to protect the power that be. Therefore, decriminalizing defamation, and a total reform of media laws must be the placed at the centre of the democratization.

4. We urge that the police not to charge the Special Weekly, MP Lim Kit Siang, MP N Gobalakrishnan and Badrul Hisham and others under these offences of “criminal defamation” or “false reporting”, and restrain from any similar investigations in the future. We also urge Datuk Seri Ong Tee Keat and other politicians to utilize their resources and access, to seek clarification on media or to debate with their detractors, rather than silencing their opponents with defamation suits, or much worse police investigation under “criminal defamation” or “publication of false news”.

5. Being the victims of draconian media laws, the media industry especially Special Weekly and the Media Chinese International Ltd group it belongs to must unequivocally support the agenda of media law reform and the call for a Parliamentary Select Committee. In particular, the media must advocate for the decriminalization of defamation, making defamation a purely civil matter, and for the abolishment of the Section 8A of the PPPA (publication of false news). This will be a litmus test on media organizations’ commitment to media freedom. Should a media company be only interested in faulting certain politicians but refuse to condemn the draconian laws, it raises reasonable questions if they secretly desire preserving such laws only to be used against their competitors.

Writers Alliance for Media Independence (WAMI) and

Civil Rights Committee, Kuala Lumpur and Selangor Chinese Assembly Hall (CRC-KLSCAH) and

Centre for Independent Journalism (CIJ)

Issued by Mr Wong Chin Huat, Chairperson, WAMI

Liao Kok Fah, Chairperson, CRC-KLSCAH

Gayathry Venkiteswaran, Executive Director, CIJ