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Impacts of Covid-19 on Media Workers in Malaysia

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Impacts of Covid-19 on Media Workers in Malaysia CHALLENGES AND CONTROLS: IMPACTS OF COVID-19 ON MEDIA WORKERS IN MALAYSIA SEPTEMBER 2020 // THE INTERNATIONAL FEDERATION OF JOURNALISTS (IFJ) THE INTERNATIONAL FEDERATION OF JOURNALISTS PAGE | 01 2020: CRITICAL CHALLENGES In late February 2020, an unprecedented political ‘switch’ By March 2020, the sudden onset of the fatal Covid-19 saw Malaysia’s ruling government under the 94-year-old pandemic globally saw Malaysia placed under severe statesman Mahathir Mohamad crumble and collapse; and lockdown, through the enforcement of the rigorous and swiftly replaced with a concoction of party defectors and oppressive Movement Control Order (MCO). nationalist, conservative opposition politicians led by Muhyiddin Yassin. With it, the dire situation against an already heavily- challenged Malaysian media industry in terms of persecution For journalists and media workers, it was a dashing of by authorities was compounded, with an increasing number media reform dreams promised under the previous of violations and attacks against anyone seen to be critical of government and an expected return to political ‘business sensitive topics and the new political order. as usual’ for the country. This report details the challenges of this period. It also But what unexpectedly followed could not have come at a presents recommendations for discussion and dialogue to more perilous time for human rights and media defenders support the creation of a more conducive working in Malaysia. environment for media workers in the country. International Federation of Journalists Asia-Pacific Malaysia's former prime minister Najib Razak (bottom C) speaks to mem he was found guilty in his corruption trial in Kuala Lumpur on July 28, 20 leader Najib Razak was sentenced on July 28 to 12 years in jail on corru the multi-billion-dollar 1MDB scandal that led to the downfall of his gove Cover: Malaysiakini editor-in-chief Steven Gan gestures as he arrives at the Federal Court in Putrajaya on July 13, 2020. CREDIT: MOHD RASFAN / AFP This page: Malaysia's former prime minister Najib Razak (bottom C) speaks to members of the media after he was found guilty in his corruption trial in Kuala Lumpur on July 28, 2020. CREDIT: FAZRI ISMAIL / AFP THE INTERNATIONAL PAGE | 02 FEDERATION OF JOURNALISTS assemble peacefully, publicly or privately to collectively PROMISES OF REFORM express, promote, pursue and defend common interests. The very notion of freedom of speech has always been fluid At the time, Malaysia’s human rights commission, in Malaysia, despite the fact that “freedom of speech and SUHAKAM, recommended further review on several freedom of expression” are enshrined in Article 10 of the sections of the Act, including assurances that media be Constitution. given full access to public assemblies under Section 24, and for the inclusion of a provision to allow external parties In the lead up to the 14th General Election in 2018, free such as SUHAKAM themselves, the Bar Council and other speech became the rallying cry after years of repressive relevant statutory bodies to monitor public assemblies. rule under Malaysia's conservative national political party, UMNO. For the first time ever, the ‘cocktail’ opposition The general sense of hope as well as the evident limits to coalition, Pakatan Harapan (PH) or “Alliance of Hope”, meaningful change was captured in the recently-banned gained power. Led by the country’s former long term leader book, Rebirth: Reformasi, Resistance and Hope in New Dr Mahathir Mohamad, the PH coalition came to power Malaysia. Editor, Kean Wong, told the IFJ: “The broad PH promising a raft of pro-democratic reforms, including long- coalition that won at the historic 2018 elections had long awaited greater support for press freedom. struggled to be greater than the sum of its parts. And the leadership tensions between a nonagenarian PM and his Soon after moving into office on May 22, 2018, the PH putative successor never got resolved, nor did the winning asserted its commitment to promoting a free and coalition work out how urgent it was to tackle policy reforms independent media that could report without fear of reprisal. and the many inequalities that animated both its informal Under its proposed reforms, the Mahathir government and official oppositions.” promised revocation of the punitive Sedition Act 1948 and the Printing Presses and Publications Act 1984. Several In its 2019 IFJ South East Asia Media Freedom Report, other Acts (including the Communications and Multimedia Holding the Line, the IFJ noted that most of the laws Act 1998, Security Offences (special measures) Act 2012 muzzling free expression and supressing media freedom (SOSMA), Peaceful Assembly Act 2012, Prevention of clearly remained. “The specific reforms demanded by Terrorism Act (POTA) 2015) were also proposed to have journalists include repealing the Printing Presses and draconian provisions abolished. Publications Act (1984), the law most infamously wielded during Mahathir Mohamad’s first tenure as prime minister In its 2018 Malaysia Situation Report, released after the during Operasi Lalang in 1987,” the Malaysia report said. historic change in government, the IFJ identified the critical The crackdown led to the jailing of over 100 activists and and immediate need for qualification of Malaysia’s politicians and three newspapers having their licences constitution in reference to freedom of speech and temporarily revoked and has long cast a pall on press expression, particularly given that these enshrined freedom in Malaysia. freedoms could so easily be restricted by existing draconian legislations. The IFJ also said it was well documented by Although the act has not been used of late, other pieces of media advocacy groups how Malaysia’s laws and legislation deemed oppressive, such as the Sedition Act legislations had been regularly deployed against journalists, (1948) and the Communications and Multimedia Act (1998), activists and critics of successive Malaysian governments. remain on the statute books and are still being enforced, despite PH leaders’ heavy opposition to both laws during Promised reforms were all too slow and frequently stymied, the previous Barisan Nasional (BN) regime.” but the PH coalition did manage to scrap the notorious Anti- Fake News Act in December 2019. Initially passed by the Amnesty International in its freedom of expression overview former Prime Minister Najib Razak’s government in a bid to for Malaysia also outlined how the PH coalition had “not “stifle dissent” just weeks before the May 2018 election, the lived up to its manifesto commitments to reform legislation” controversial Act had penalties of up to six years’ jail and including the two problematic pieces of legislation as well as fines as much as RM 500,000 (USD 118,413) for anyone the Printing Presses and Publications Act 1984 and the found guilty of spreading fake news. Peaceful Assembly Act 2012. Instead, it said: “Authorities have instead used these laws to continue to investigate, PH’s Deputy Minister in the Prime Minister's Department, harass and prosecute individuals including human rights Mohamed Hanipa Maidin, was quoted saying that the repeal defenders, activists, and journalists.” was in accordance with the government's commitment to abolish draconian laws and ensure the media has the freedom to "check and balance" the administration. "This Malaysia’s Problematic Legislation: tyranny is history that we do not want to repeat. We cannot Sedition Act 1948 enslave humans through draconian laws because freedom Official Secrets Act 1972 is the most precious thing," Maidin said. Printing Presses and Publications Act 1984 (PPPA) The PH government’s decision to amend the Peaceful Communications and Multimedia Act 1998 Assembly Act 2012 (PAA) in July 2019 was also welcomed (CMA) by human rights groups, given that certain provisions in the law appeared to limit the fundamental human right to Film Censorship Act 2002 Security Offences (Special Measures) Act 2012 Prevention of Terrorism Act 2015 THE INERNATIONAL FEDERATION PAGE | 03 OF JOURNALISTS address several issues, including the self-regulating body's LIFTING THE CLOAK OF final function and mandate, its constitution and membership. The committee met for the first time on January 30, 2020 to CENSORSHIP discuss the draft bill and how to incorporate interests of various stakeholders including the media industry, Under the PH coalition, a feeling among media was that the journalists, government and the public. These activities cloud of self-censorship had been lifted and the country’s were cut short with the change in government in March. print media were able to offer a more balanced range of views. “On the whole, threat to press freedom in Malaysia CIJ and the consultative committee has pointed out that can now be considered largely existential, with little to no Malaysian media council would only be successful if the direct action taken by the government against journalists for Printing Presses and Publications Act 1984 is abolished. It the stories they write,” the IFJ said in its 2019 Malaysia said previous efforts to set up a media council started report, New Dawn Deferred. decades ago and mainly did not succeed because the government would not abolish the PPPA. An indication of movement toward greater press freedom was evidenced in the annual World Press Freedom Index "To have both the PPPA and the media council exist 2020, which noted Malaysia’s charted improvement over the simultaneously would defeat the purpose of having a self- 2019 period. Ascending 22 spots from its previous 123rd regulatory body to regulate media standards,” the CIJ said. place to 101st, it was the biggest ever improvement for “It would be difficult for the public and the media industry to Malaysia on the index – though the survey was notably take the media council seriously if the Home Ministry still conducted before the country was hit with the government had the power to send show-cause letters to the media, change in March 2020.
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