the importance of freedom of the press and remind all nations of their duty to respect and uphold the right
to freedom of expression enshrined under Article 19 of the 1948 Universal Declaration of Human Rights.
The global theme for this year is “A Press for the Planet: Journalism in the face of the environmental
crisis”. CIJ pays tribute to journalists in Malaysia and around the world as they combat climate crisis, nature
crimes and other attacks on the freedom of the press.
The Reporters Without Borders’ (RSF) release of the 2024 World Press Freedom Index spotlights the
challenges we face in Malaysia as we drop to a dismal ranking of 107. 2023 was a year where the new unity
Madani government had its first full year in power. Though this brought expectations for reform and a sense
of optimism, it is salient that Malaysia still faces many challenges and has shown not only stagnancy when
it comes to media freedom but also a level of regression. The RSF index reflects this as Malaysia dropped 34 spots relative to the 2023 ranking of 73, and is only 6 spots higher in comparison to the 2022 rankings.
Albeit, looking ahead, there is hope – like the Cabinet’s approval of the Malaysian Media Council and the
move to enact a right to information legislation. Nonetheless, this must be located within a transitioning
media environment, where legacy or traditional media is battling for its survival in the midst of competing
with social media platforms and the emergence of generative AI. Media continues to experience a trust
deficit due to the proliferation of misinformation, disinformation and hate speech. CIJ’s focus on the
establishment of the Malaysian Media Council is in fact to bolster ethical journalism in Malaysia. With the
changing media landscape moving towards digital platforms, Traditional media outlets face more
restrictions due to media ownership ties to government and the political environment. However, with
many openly partisan burgeoning media outlets and the unregulated nature of online journalism, there is
a need to create a mediator for discussion and a body for regulation through the Malaysian Media Council
to preserve ethical journalism in the form of honest and unbiased reporting while maintaining a vibrant,
diverse media landscape.
CIJ has found the government backtracking and making very little progress on repealing and amending
laws that restrict media freedom despite promises made by the incumbent Pakatan Harapan government
during their electoral campaign. The government continues to suppress journalists from critical and
unbiased reporting as archaic values remain true in political institutions. As RSF posits, draconian
legislation continues to be prominently used in the government to both uphold their agenda of the day and
said archaic values. Laws like the Printing Presses and Publications Act (PPPA) 1984, the Sedition Act 1949, Official Secrets Act and Section 233 of the Communications and Multimedia Act, while not directly used against media in 2023, remain a threat to media as it promotes self-censorship due to fear of legal
repercussions and institutional red tape.
Malaysia sees the press living under a culture of threat and fear due to not only these draconian laws but
also the government’s unilateral ability to use several other methods to suppress voices as they revoked
the media passes of PAS mouthpiece, Harakah, and blocked the alternative media outlet websites of
MalaysiaNow, Malaysia Today, Wee Choo Keong’s blog, TV Pertiwi, and UtusanTV. Online censorship
continues to persist in Malaysia even amidst the move to online platforms, further perpetuating the
prevalence of the taboo of 3R and the ability of journalists to speak on important issues related to public
interest.
Malaysia and its government must seek to improve its bleak RSF World Press Freedom Index ranking. CIJ
urges the government to lift the culture of fear and threats as we move towards creating a free, independent
and enabling environment for media to ensure ethical reporting by implementing the following
recommendations without delay:
1. Initiate a comprehensive legislative reform of laws that restrict our freedom of expression and media
freedom in line with Malaysia’s international human rights obligations and amend or repeal:
● Sedition Act 1948,
● Section 233 Communications and Multimedia Act 1998,
● Printing Presses and Publications Act 1984
● Official Secrets Act (OSA) 1972,
● Section 203A, 298A, 500, 504 and 505(b) the Penal Code.
A moratorium should be in place whilst working on reform using these laws while undergoing reform
initiatives.
2. Expedite the establishment of the Malaysian Media Council (MMC) as a transparent, independent,
multistakeholder self-regulatory body for the industry by adopting the work of the Protem Committee
set up in January 2020. It must be free from government intervention, including in its decision-making
mechanisms, and adequately resourced. Further, it must have a clear mandate of its role which should
effectively provide the MMC the ability to establish and harmonize standards in the media as its primary
role while serving as an independent dispute resolution mechanism. The Malaysian Code of Ethics for
Journalists introduced this year must be aligned with the standards set by the MMC and not act as a
barrier to the independent functioning of the MMC.
It is clear there is still much work to be done, change needs to happen and Malaysia cannot remain stagnant. Look out for our Media Landscape report in the coming days as CIJ seeks to share our views on the media landscape to better arm the public with the knowledge needed to enact this needed change. The public must come together in a united front equipped with knowledge and passion to bring about media freedom in Malaysia.
* Wathshlah G. Naidu is the Executive Director of the Centre for Independent Journalism, a non-profit organisation that aspires for a society that is democratic, just and free where all peoples will enjoy free media and the freedom to express, seek and impart information
