Sunday, May 11, 2025

Fear and Silence: How Malaysia Uses the Law to Silence Art and Expression

The Sedition Act 1948 and the Communications and Multimedia Act (CMA) 1998 were originally introduced with the stated purpose of maintaining public order and preventing the spread of inflammatory content that could incite racial or religious conflict. However, in recent years, Malaysia has seen a troubling rise in the use of the Sedition Act 1948 and the Communications and Multimedia Act 1998 (CMA) to suppress dissent and silence critics. Originally intended to prevent racial and religious conflict, these laws are now commonly being leveraged to stifle free speech and limit public discourse.

The Cases That Speak Volumes


Fahmi Reza

One of the most prominent cases illustrating this trend is that of Fahmi Reza, a graphic artist and activist known for his satirical depictions of political figures. Fahmi has been repeatedly investigated and arrested under both the Sedition Act and CMA for his satirical artwork. 


On 6 June 2016, Fahmi Reza was charged with violating multimedia laws by caricaturing former Prime Minister Najib Razak as a sinister clown to protest against allegations of massive corruption linked to Najib. On 20 February 2018, the Ipoh Sessions Court sentenced Fahmi to one month in prison and fined him RM30,000. Upon appeal, the Ipoh High Court on 12 November 2018 upheld the conviction but reduced the fine to RM10,000 and set aside the prison sentence.


Source: https://en.wikipedia.org/wiki/Fahmi_Reza


Fahmi shared the image on X (formerly Twitter)

Source: https://www.bbc.com/news/world-asia-43127199


In early April 2021, Fahmi was arrested again—this time over a Spotify playlist titled “This is dengki ke?” ("Is this jealousy?") accompanied by a photo of the 16th Raja Permaisuri Agong, Tunku Hajah Azizah Aminah Maimunah Iskandariah. The playlist was a satirical response to a comment she made on her personal Instagram account. On 20 April 2021, police officers broke into Fahmi’s house and arrested the graphic designer for investigations under the Sedition Act. He was remanded for a day and released on police bail. He was subsequently freed of all the charges.


Source: https://advox.globalvoices.org/2021/05/06/two-malaysian-artists-face-police-probe-for-online-commentary-and-artwork/


Source: https://www.dw.com/en/malaysia-artist-arrested-for-insulting-queen-with-spotify-playlist/a-57320581


Just a year later, Fahmi faced yet another investigation—this time over a cartoon of a monkey in royal regalia. The monkey cartoon was created when the Sultan of Selangor purchased a sketch of the Malaysian Parliament and posted it on his Twitter account. Apes and frogs sit in the chairs in the Parliament painting, with a human speaker presiding. Once again, his art triggered the machinery of state enforcement.


Source: https://www.cartooningforpeace.org/en/alert-malaysia-fahmi-reza/


Zulkifli Anwar Ulhaque (draws under the name Zunar)

Another towering figure in Malaysia’s struggle for free speech is Zulkiflee Anwar Alhaque, a famous political cartoonist better known as Zunar. The authorities have repeatedly used the sedition law against Zunar, resulting in his imprisonment in 2010 and 2015. Zunar has faced multiple sedition charges, including nine charges in 2015 that carried a possible sentence of up to 43 years in prison. His office had been raided, and his books banned. Even the printers, vendors, and bookstores that worked with him were harassed. Their premises were raided and they were warned not to print or carry any of Zunar’s books or their business licence will be revoked. Three of his assistants were arrested. 



In November 2016, Zunar was arrested under the Sedition Act during the George Town Literary Festival in Penang, which ironically, was a space meant to celebrate literature and free expression. The arrest was linked to his satirical cartoons allegedly insulting former Prime Minister Najib Razak regarding the corruption scandal. The fact that Zunar’s arrest happened at the George Town Literary Festival, with dozens of international writers and artists, only underscores the government’s disregard for freedom of expression. The arrest drew condemnation from festival organisers and international observers, highlighting concerns over freedom of expression in Malaysia. 


Eventually, all charges against Zunar were dropped. But the years of intimidation reveal just how far authorities are willing to go to silence critique.


It’s not just artists who are targeted. Ordinary citizens, activists, and journalists have also been targeted under these laws for comments made on social media posts. In December 2024, amendments introduced to Section 233 of the CMA further expanded the definition of 'false' content to include statements deemed 'confusing' or 'incomplete,' making it easier for authorities to prosecute individuals based on vague criteria. This broad scope fosters a climate of self-censorship, as Malaysians fear that their online posts could be construed as 'offensive' or 'false' and land them in legal trouble.


Conclusion


As Malaysia continues to expand the scope of laws like the Sedition Act and CMA, the space for dissent and critical discourse continues to shrink. The cases of Fahmi Reza and Zunar send a clear message: satire, criticism, and even sarcasm can be punished when those in power take offence. When art becomes a criminal act, society is in danger. 


Malaysia’s pattern of prosecuting dissent reveals a deeply concerning truth: free speech is only free when it doesn’t offend the powerful. In a time when global awareness of human rights is increasing, Malaysia's aggressive stance against free speech is a regressive step that risks isolating the country on the world stage.


Source



Written by Pei Suen


No comments:

Post a Comment

When Music Meets Morality: The 1975 and the Limits of Expression in Malaysia

  In July 2024, a music festival in Malaysia became the epicenter of an international free speech debate. British band The 1975 was schedul...