KUALA LUMPUR – Lawyers for Liberty (LFL) director Zaid Malek slammed the government for the recent arrest of two schoolboys over a video the duo posted “ridiculing the Sijil Pelajaran Malaysia (SPM) history paper” which has since gone viral.
In a statement today, Zaid said LFL is shocked and appalled that police have taken a heavy-handed approach against schoolboys.
“The boys were subjected to a police raid in their home, arrest and a drug test.
“This would have caused extreme trauma to them and their family. And all this over a video where they vented their frustrations on their SPM history paper.
“Even if there were unsavoury comments that were uttered, it does not warrant intervention of the police force. It should have been a matter for the school authorities and parents to deal with.
“They were just teenagers who were being childish and had already apologised for the video that they made, yet they were treated like hardened criminals,” he said.
The continued existence of Section 233(1)(a) of the Communications and Multimedia Act (CMA), Zaid said, which is being used against the boys, is a bane to freedom of speech, and contrary to promises of reform by the Pakatan Harapan government.
“Members of the government should be well aware of how disproportionately wide Section 233 is in criminalising speech online, having been on the receiving end of it whilst they were in the opposition.
“The fact that PH now indiscriminately wields the weapon that they once opposed vehemently, smacks of George Orwell’s Animal Farm.
“Article 10(1)(a) (of the federal constitution) protects freedom of expression, which entails that people should feel protected from unwarranted and disproportionate criminal action taken on them for merely exercising their free speech.
“Though freedom of speech is not unfettered, the right is not something to be limited lightly. Criticisms on the government should not be criminalised, and childish venting by teenagers even less so.
“Are we to subject every teenager to arrest and prosecution for simply ranting online? Is this what we have come to?
“We strongly condemn the overzealous and arbitrary actions of police in dealing with the arrest of the teenagers, and urge that all police action cease and the matter be handed to school authorities,” he said.
LFL also called upon Home Minister Datuk Seri Saifuddin Nasution Ismail and Communications and Digital Minister Fahmi Fadzil to explain the unprecedented use of Section 233(1)(a) of the CMA against schoolchildren.
“The education minister must also break her silence over schoolchildren being hauled up by police for posting silly videos.
“We are deeply concerned that the actions of police in this case will strike a chill into parents all across the country if left unaddressed and unrebuked,” he added.
His comments come after two 18-year-olds were arrested as part of an investigation into a viral video involving a secondary school student who was dissatisfied with the History (Sejarah) paper in the SPM examination.
This followed a police report received from a 53-year-old teacher at 10.53am yesterday, said Hulu Selangor district police chief Suffian Abdullah.
“Police previously received a report from a woman teacher regarding a viral video on TikTok and Facebook in this district, showing the suspect expressing dissatisfaction with the SPM History paper.
“The suspect also reportedly uttered abusive words against question setters of the said paper and insulted Singapore,” he said in a statement yesterday. – The Vibes, February 26, 2023
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