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The Malaysian Bar refers to the decision by the Malaysian Communication and Multimedia Commission (MCMC) to restrict access to websites that allegedly promote, disseminate information about, and encourage members of the public to participate in the Bersih 4.0 rally pursuant to a media statement issued by the Home Affairs Ministry August 24, 2015, which states that Bersih 4.0 is not a registered organisation and foists various allegations against Bersih 4.0.
The stand taken by the ministry is misconceived. There is no event or entity known as Bersih 4.0. Bersih 4 is an event. The organiser of Bersih 4 is the entity known as Bersih 2.0, which the High Court – in the case of Datuk Ambiga Sreenevasan and Ors against Menteri Dalam Negeri and Ors [2012] 7 CLJ 43 – recognised as a society under section 2 of the Societies Act 1966.
Accordingly, the decision made by the ministry, in relation to a non–existent event or an unknown entity (Bersih 4.0), is unjustifiable. It would follow that the reliance placed by MCMC – in restricting access to the websites – on this erroneous decision of the ministry, is indefensible in law. It amounts to a misuse of the regulatory power reposed in the MCMC under the Communications and Multimedia Act 1998 (“CMA”).
In any event, MCMC’s attempt to block access to websites would go against Section 3(3) of the CMA, which provides that “nothing in this Act shall be construed as permitting the censorship of the Internet”, as well as the MSC Malaysia Bill of Guarantees No. 7, which guarantees no censorship of the Internet.
The decision made by MCMC is also contrary to the statement reportedly made by the minister of communications and multimedia, Datuk Seri Salleh Said Keruak, on August 25, 2015, that MCMC would not block access to any websites or social media platforms during the Bersih 4 rally this weekend.
It is disappointing that the government has chosen to blow hot and cold in this matter. The Malaysian Bar urges the government to uphold freedom of information. – August 28, 2015.
*Steven Thiru is president of the Malaysian Bar.
*This is the personal opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insider.