Police action on Fahmi an overreaction, says Hakam
Hakam president Gurdial Singh Nijar said Fahmi Reza was just exercising his literary licence and should not have been arrested.
PETALING JAYA: A rights group questioned the authorities on why there was a need to arrest and place graphic designer Fahmi Reza under detention for his Spotify playlists that allegedly insulted the Raja Pemaisuri Agong.
National Human Rights Society (Hakam) president Gurdial Singh Nijar said the purported offences under the Sedition Act and the Communications and Multimedia Act that Fahmi was investigated on, was self-evident in the playlist posting.
“Is there then a need to arrest to ascertain the content of the posting? The police can call him (Fahmi) for an interview during working hours if they need anything.
“This police act seems to be overreaching and has earned the ire of people who view this as premature punishment to imprison Fahmi in a police cell,” he said in a statement.
National Human Rights Society (Hakam) president Gurdial Singh Nijar said the purported offences under the Sedition Act and the Communications and Multimedia Act that Fahmi was investigated on, was self-evident in the playlist posting.
“Is there then a need to arrest to ascertain the content of the posting? The police can call him (Fahmi) for an interview during working hours if they need anything.
“This police act seems to be overreaching and has earned the ire of people who view this as premature punishment to imprison Fahmi in a police cell,” he said in a statement.
Yesterday, 20 police officers broke into Fahmi’s house and arrested the graphic designer for investigations under the Sedition Act.
The police sought a four-day remand but the court only allowed one day and told them to release him by 5pm today.
Meanwhile, Gurdial said the Communications and Multimedia Act was meant to promote the use of multimedia information, and not restrict free speech.
“Arresting Fahmi defeats the objective of the Act or is, in any event, a wholly unnecessary and disproportionate measure.
“Fahmi was doing little more than exercising his literary licence to present a satire around a comment making the public rounds.”
The lawyer also said Fahmi was previously charged in connection with a clown caricature of former prime minister Najib Razak. The charge was withdrawn after Pakatan Harapan took over the federal government.
“Sadly, the then government did not have the gumption to repeal this provision, as promised in its election manifesto,” Gurdial said.
The police sought a four-day remand but the court only allowed one day and told them to release him by 5pm today.
Meanwhile, Gurdial said the Communications and Multimedia Act was meant to promote the use of multimedia information, and not restrict free speech.
“Arresting Fahmi defeats the objective of the Act or is, in any event, a wholly unnecessary and disproportionate measure.
“Fahmi was doing little more than exercising his literary licence to present a satire around a comment making the public rounds.”
The lawyer also said Fahmi was previously charged in connection with a clown caricature of former prime minister Najib Razak. The charge was withdrawn after Pakatan Harapan took over the federal government.
“Sadly, the then government did not have the gumption to repeal this provision, as promised in its election manifesto,” Gurdial said.
Fahmi was also fined RM10,000 by the Ipoh High Court in 2018 over another charge related to the Najib clown caricature.
Meanwhile, another rights group, Article19, urged the police to stop their investigations against Fahmi. Its programme officer, Nalini Elumalai, said satire did not constitute a crime.
“Criminalising humour and critical commentary will stunt political discourse and chill civic engagement,” she added.
The DAP has also called for the immediate and unconditional release of Fahmi as it said political satire is not a crime.
“Malaysia is swiftly sliding down the abyss of oppression and authoritarianism with the rough arrest of Fahmi being the latest example.
“What is most deplorable is the police forcefully breaking into Fahmi’s house and damaging the front door during the arrest,” said party stalwart Lim Kit Siang.
Meanwhile, communications and multimedia minister Saifuddin Abdullah said he would not interfere in the investigation against the activist and leave the matter to the police.
He told Bernama the investigation was conducted following a police report regarding the activist’s social media posting allegedly involving the Raja Permaisuri Agong.
Saifuddin stressed that the Perikatan Nasional government was committed towards press freedom, including social media, but at the same time there are existing laws that regulate certain things such as fake news and sedition.
“I would like to advise people to be careful when posting on social media because there are times when we think that the things we upload are not wrong, but it may be sensitive in terms of culture, religion and so on.
“There are also many social media users who use inappropriate or obscene language. But when it comes to race, religion and the Malay Rulers, we will monitor closely.”
Saifuddin stressed that the Perikatan Nasional government was committed towards press freedom, including social media, but at the same time there are existing laws that regulate certain things such as fake news and sedition.
“I would like to advise people to be careful when posting on social media because there are times when we think that the things we upload are not wrong, but it may be sensitive in terms of culture, religion and so on.
“There are also many social media users who use inappropriate or obscene language. But when it comes to race, religion and the Malay Rulers, we will monitor closely.”
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