While the Petrof saga is over with the return of the two servers to malaysiakini on July 12, the website faces another probe.
On July 5, Minister of Energy, Water and Communications Dr Lim Keng Yaik informed Parliament that the website is still under investigation for making a communication which is “obscene, indecent, false, menacing or offensive” with intention to “annoy, abuse, threaten or harass” a person.
Section 233 of the Communications and Multi-Media Act 1998 is cited and there may be other possible offences under the Sedition Act and Defamation Act. At present the matter rests on an opinion from the Attorney-General’s chambers as to the proper office to investigate the alleged offences.
The present scrutiny of malaysiakini is related to what has been referred to as the ‘April Fool prank’ where the website posted ‘news’ claiming that three ministers and a menteri besar were to be charged with corruption. The site also posted an accompanying second report revealing the joke. The posting was a comment of sorts on the lull in the investigation and prosecution of corrupt government officials.
In the Jan 20, 2003 raid, some 150 people turned up for a candle-light vigil and peaceful assembly outside malaysiakini’s office. Throughout the period of initial investigation at the Dang Wangi police station in Jalan Stadium, readers, human rights defenders and supporters accompanied the editors and reporters with placards and chants or by just being there. People came in support of a free forum.
Abdullah Ahmad Badawi has the vote of the electorate in his fight against corruption. But some 25 high profile cases involving high ranking politicians are still under investigation, even after five years.
We do not know if the prime minister was ruffled or as ruffled as his ministers who had called for investigations into the malaysiakini prank.
Failure of mainstream media
We do know however the premier thinks that the reading public will be driven to alternative forums if the mainstream media is not credible. He said this on July 15 at a media conference sponsored by the Ministry of Internal Security. He was addressing practitioners of the mainstream presses which are largely owned by the political parties in his government.
Abdullah also worries if the general public relies on alternative news sources that are more interested in "spreading rumours and innuendos" rather than acting as proper conveyors of information.
The premier said, “What we can do is to explain what is right and accurate so that the people understand the problems”. But the people also need to discover the truth of the matter.
The issuance of Approved Permits (AP) by the Ministry of International Trade and Industry (MITI) is a case on point. It was considered a government policy not to release the names of AP holders. The matter became an issue only when Dr Mahathir Mohamad raised concerns on the number of APs issued which had led to unfair competition to the national car, Proton.
After much foot dragging, Minister Rafidah Aziz delivered a letter of explanation to Mahathir ‘to resolve’ the issue.
In an unprecedented move, the Prime Minister’s Department released the names of the AP holders on July 18 where it was disclosed that a total of 25,000 APs were shared among just four bumiputeras.
The disclosure of names admittedly came only after public debate and pressure on the issue. There is however, no public disclosure of the basis upon which the permits were awarded.
Rafidah Aziz appears to consider the matter the province of Umno and not the Malaysian public when she was quoted as saying that she is ready to explain the matter at the Umno General Assembly if so requested.
“Bagi saya (perkara) itu selesailah, kerana dah terangkan habis, jelas, terperinci. Saya berharap dengan penjelasan itu tidak timbul lagilah”
(For me, the issue is settled, because it has been explained fully, clearly and in detail. I hope with this explanation it (the issue) does not arise again)
Culture of secrecy
It may be a personal letter between Rafidah and Mahathir but surely the contents are of public interest especially if there is an explanation detailing cabinet decisions on the issuance of APs.
There are important questions we need to raise about the justice of a political system that is increasingly driven by corporate power and money.
The ‘private resolution’ in what has been perceived as a matter of significant public interest, only adds to the culture of secrecy within the government. If there is no transparency in government, there is no information of what is ‘right and accurate’.
Transparency of government processes presumes that all information held by public bodies should be subject to disclosure. The principle of disclosure cannot be restricted in order to promote the principle of good governance. Restrictions whose aim is to protect governments from embarrassment or the exposure of wrongdoing cannot be justified.
There is a warning from statesman James Madison, that a popular government without popular information, or the means of acquiring it, is but a prologue to a farce or a tragedy or both.
Media is the principal source of political information and access to public debate. It is the key to an informed, participating and self governing citizenry.
Accountability issue
Democracy requires a media system that provides people with a wide range of opinion and analysis and debate on important issues. Discussion and criticisms on issues of public interest promote public accountability of powers-that-be and powers-that- want-to-be.
Media practitioners with no political advisory on what the government wants printed or heard, are always under threat of investigation and probes under the myriad restrictive laws on media freedom.
It is quite probable that those frustrated with the pussy-footing on improper conduct,‘whistle-blowers’, are likely to pass information to independent news sources for the truth to emerge.
We are not even talking about the opposition here. Umno members who wish to rid the party of corruption may well be the deep-throats.
Recently, Raja Petra Kamaruddin, editor of Malaysia Today was interrogated for two hours in Bukit Aman on July 1. It was over a two-part article on alleged corrupt practices of members of a royal family and the alleged relation to the disciplinary action taken against former menteri besar, Isa Abdul Samad. Isa has been found guilty of money politics by the Umno disciplinary board.
On July 14, police took away two of Raja Petra’s computers as part of the investigation. Malaysia Today had in recent weeks carried articles highly critical of some Umno politicians. Some opined that these stories with allegations of improper conduct are published in time for the Umno general assembly.
Raja Petra described as a ‘reformasi activist’ has been detained without trial under the ISA in 1998. He appears undeterred. “I’ve learnt from my past arrests”, he said to malaysiakini.
Corruption in government and its conduct in eliminating corruption in its ranks should be talked about and expressed freely. Some may see the April 1 posting by malaysiakini as a prank unbecoming a serious news provider.
Some others may find a serious message underlying the frivolity. Our efforts to rid corruption should be tackled seriously lest it be a joke on us all.
Thursday, July 21, 2005
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