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Tuesday, July 21, 2015

Blocking Sarawak Report a step in the wrong direction – Gerard Lourdesamy

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The decision by the Malaysian Communications and Multimedia Commission (MCMC) to block access to the Sarawak Report (SR) website through local Internet service providers is not only a retrogressive step but undemocratic and a serious infringement of the constitutional right to freedom of speech, expression and of the press.
The decision by the MCMC was made on spurious and unsubstantiated grounds without an iota of evidence that SR was purportedly publishing false news predicated on forged or tampered documents in relation to the alleged 1Malaysia Development Berhad (1MDB) scandal that could cause political and economic instability and public chaos in Malaysia.
Who is the MCMC to arrive at this judgment and what was the basis for its decision? Where is the evidence that an overwhelming majority of the public made complaints to the MCMC with regard to the content of SR?
If SR is allegedly spewing slander, libel or untruths, the affected parties ought to sue the web site for defamation either in the UK where SR is based, or in Malaysia where 1MDB and the other affected parties are domiciled.
If SR has been using confidential and privileged information without the consent of the relevant parties who have a proprietary right over that information, why not sue SR for breach of confidence? 
Alternatively, have SR investigated for criminal defamation which is an offence in Malaysia but no longer a crime in the UK or for criminal conspiracy which is an offence in both jurisdictions.
If the MCMC wants to preserve the integrity of the ongoing special task force (STF) investigation into the 1MDB affair, it makes no sense to bar access to SR when other equally vocal websites and media outlets both within and without the country are also reporting extensively on the matter and in some instances relying on confidential sources from within the STF, the government and even 1MDB itself for information and disclosure.
At present there is no shred of credible evidence that SR tampered with confidential documents of PetroSaudi International (PSI) allegedly stolen by its former executive Xavier Andre Justo with regard to the 1MDB affair and the alleged involvement of the prime minister and others who may have profited from the scandal.
Justo has purportedly admitted to stealing the information from PSI with the intention to blackmail his former employer but he claims that the information supplied by him to various interested parties was not doctored or tampered with in any way. Therefore, the allegations made against SR remain unproven.
The issue here is not whether Justo was right or wrong in stealing and selling confidential information to various interested parties but rather whether the information he obtained through allegedly unlawful means is true and accurate.
It does not make sense for Justo to blackmail PSI by using information that he has altered or tampered with because that information would be patently false when compared to the original records and documents in the possession of PSI.
Justo would not have sought to sell the information to various third parties unless it is was true and damaging to PSI, 1MDB and other players in the alleged scandal.
SR has always prided itself as a whistle-blowing website underpinned by strong investigative journalism and a desire to seek the truth. Even if we dislike SR for its alleged bias in reporting about Umno/BN politicians or penchant for sensationalism, to restrict access to its website literally means that the government has decided to deny its people the right to information whether biased or unbiased, whether true or false and whether it  is staid or sensational.
That is not the right of the government in any democratic society and negates the fundamental rights and freedoms of its people to question, think, criticise and condemn their government and politicians when there is evidence of wrongdoing, misfeasance or misconduct and abuse of power.
If SR were advocating or inciting racial or religious hatred, that may be a reasonable ground to block the site in order to preserve public order and security but to deny access simply because its reports are embarrassing to the present government and its leadership stinks of authoritarianism and arbitrariness which is an anathema to democratic governance and the rule of law by any standard.
In Malaysia, the press is over-regulated by the vesting of wide, restrictive and arbitrary powers in the hands of the executive under the guise of public order and security, public morals and the national interest. To make matters worse most of the media is owned by companies connected to the ruling party in government.
Journalistic freedom, standards and integrity is seriously wanting and investigative journalism is non-existent unless the intention is to expose opposition leaders or state governments controlled by the opposition.
Therefore, the public in the last 58 years has been fed on a daily dose of government propaganda and pious platitudes about the benevolence of the ruling party and its selfless leaders while in reality the public coffers have been looted and left dry by successive leaders with absolute impunity thanks to a compliant press and weak state institutions. 
If the PSI/1MDB disclosure was in the public interest because of allegations of corruption and abuse of power at the highest levels of government, then SR is protected by public interest immunity at least in the UK.
So why the overkill by trying to destroy and discredit the messenger unless the truth is uncomfortable to various parties in this country who pride themselves as defenders of the race, religion and nation but privately make massive illegal profits and amass huge assets for themselves, their family members and crony associates?
The underlying problem is that the government and the leadership is facing a crisis of confidence. The people are fed up with the constant scandals, extravagance and wastage of the leadership and the weak institutions that are unable to keep any sort of effective check and balance on politicians, political parties and the government itself even in the face of blatant corruption and abuse of power.
It cannot be denied that the majority of our politicians and senior public servants are living beyond their means. It is incredulous to argue that all their wealth was inherited or acquired through lawful means either through business, investments or professional practice.
There is a reluctance to make any public disclosure of assets and the Malaysian Anti-Corruption Commission (MACC) and the Inland Revenue Board (IRB) seem to be unwilling, incapable and ineffective when it comes to investigating senior public figures despite overwhelming prima facie evidence of corruption, misconduct, misappropriation or irregularities in public office.
That is why websites like SR generate a great deal of public interest, support and sympathy. If the government wants the truth to be known because it is not guilty of the allegations levelled against it in the 1MDB affair, then be open and transparent not just in the investigation but also in the reporting of the matter. Nobody should be above the law or be immune from public scrutiny and criticism.
If we had a free and responsible press, websites like SR would become unnecessary.
But by using the MCMC to stifle access to information from sources like SR, the government has lost all credibility even if the allegations against it are subsequently proven to be untrue.
In an age of borderless communication and open access to information, perception is all that matters. The actions of the MCMC have taken us back to the dark ages when absolute rulers, princes and potentates, totalitarian regimes and authoritarian governments told their people what to think, what to read and what to speak. But history has taught us that at the end it is freedom that triumphs over oppression and subjugation.
* Gerard Lourdesamy reads The Malaysian Insider

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