Electoral Campaigning Reform
In Malaysian elections, there are a number of restrictions on campaigning. Many of these restrictions are often disregarded to an extent by political parties, especially those in the government, but most of them are stringently enforced. The fact that we have such huge limitations on the basic use of freedom of speech indicates just how dysfunctional our democracy is.
What is the point of democracy? To make the government, to make the leaders, to make the politicians accountable to the people. The people are sovereign, not the government.
To exercise their sovereignty, the people need information. They need to know what's going on in their realm if they want to see it governed efficiently. But when they are gagged from discussing the issues of the day, when they are bound from advocating change and exercising their rights as sovereigns, how can they be living in a true democracy?
The restrictions on freedom of speech date back to the days of the communist insurgency. A country in the throes of near-civil war has no time for luxuries such as freedom of speech, which would be easily utilised to overthrow the establishment. Naturally, the government used this as an excuse to curtail freedom of speech for an indefinite period.
As recently as the 1980s, the communists were still cited as a reason for limitations on freedom of speech, especially in political campaigning. This reason became untenable once the Communist Party of Malaya gave up its armed struggle and disbanded in the late 1980s.
Since then, the usual reason given has been "sensitive issues". The government believes the people are too stupid to differentiate between right and wrong, and thus decides to filter what they see and hear. That is why even before public rallies were banned, official permits from the Police were required to speak in public — and one could not deviate from the agenda given in the permit.
Imagine that. A democracy where potential leaders are banned from speaking in public. Is that a democracy at all?
If the government truly wanted to protect the country from falling into the hands of racial extremism, it would have been better to draft tough hate speech laws that at the same time left room for reasonable freedom of expression. There is no excuse for haphazardly giving the government wide discretion to ban discourse on any topic it likes, giving the excuse of "sensitive issues".
Still, that's not as bad as some of the ludicrous reasons the government has given for denying potential leaders access to the public. In 1999, the then Information Minister stated that the opposition would be banned from broadcasting their platform on Radio Televisyen Malaysia, as it had previously been allowed to do. Why? Because government-owned channels should only support the government.
Hello? The government does not serve itself. It serves the people. The people are sovereign. They have a right to know about their leaders and about their potential leaders.
Another thing is the insane ban on public campaigning for any seat until after nomination day. This is a ban that many political parties frequently flout, especially those from the ruling coalition.
Why should campaigning prior to nomination day be banned? If people want to exercise their freedom of speech, all the better. And hey, it's not like there's much freedom to be exercised — our "campaigning" is reduced to simply who has the most banners and posters.
Our leaders are all but silenced when it comes to presenting their platforms and their stands. We have no idea what they stand for, because they are banned from speaking in public about their views.
And we have the temerity to call ourselves a democracy. For shame. The ballot box alone is not enough for there to be a real democracy. The people exercise their sovereignty at the ballot box, but if they are denied the information necessary to exercise their rights, the ballot box is meaningless.
Infernal Ramblings is a Malaysian website focusing on current events and sociopolitical issues. Its articles run the gamut from economics to society to education.
Infernal Ramblings is run by John Lee. For more, see the About section. If you have any questions or comments, do drop him a line.
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kittykat46
Member Posts: 2 IP Logged | Posted at 2:59:28 am Jan 25, 2007
John, I found your site through another excellent blog – Freelunch2020 – and I must say I’m impressed with your forum, definitely one of the best thinking sites on Malaysian affairs. Freedom of speech in Malaysia has to be taken in a broader context than blogosphere, because you need to reach a wider audience to get make a difference. The number of people who access the Internet is still a minority, and an even smaller proportion of people read blogs (e.g. I’m quite Tech-savvy, but I didn’t have a blogger ID until 3 months ago). Your average Ali or Ah Beng doesn't read blogs, and you have to reach to them to make a difference in the next elections. In such broader terms, freedom of speech is still very limited. I’m not so concerned about the Sedition Act, even though it imposes heavy penalties. It’s a “normal” piece of criminal legislation, which is defendable in court, and it can be argued that those who have been charged under the Act have usually said something out of line or nearly so. ISA is a lot scarier, because it is off limits to judicial review, but they don’t usually go after little tikus. What’s a lot more restrictive are non-criminal threats to anyone or any organization that speaks up. Newspapers may have their licenses not renewed or suspended. The livelihood of a lot of innocent employees could be jeopardized. So newspapers stay clear of any open criticism of government policy. In any case, virtually all the national papers are closely connected to the ruling party or individuals close to the government. Rocky and Screenshots have been openly sued in court, which in a way is actually refreshing. Most of the actions carried out against people who speak up are more underhand. People have been fired from their jobs, customers pressured to go elsewhere. If you are a person of independent means, like Raja Petra, you probably don’t care, but most folks have to hold a job or run a business to make a living. This is a real threat, which will silence ordinary people who have a family and kids to bring up. There is no real freedom of speech unless there is freedom from fear to speak up. Take my case – I don’t think my posting contains anything illegal, but no mainstream newspaper will dare publish such a letter, and so few people will get to read it. I don’t use my real name on the Internet and the reason is simple. I work at a senior level in the private sector, my name’s appeared in the business pages before. It would not be fair for the organization I work with to be exposed to any pressure from the government, which is one of their customers. |
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johnleemk
Infernally Rambling Thoughtless Mind Head Administrator Posts: 953 IP Logged | Posted at 11:32:55 am Jan 25, 2007
I agree with everything you have said. The point I was trying to make was that those who can and want to blog about Malaysian affairs, but don't because they fear legal retaliation, are overreacting. There is at least freedom of speech in the blogosphere. The commentary I read in the case I referred to was quite tepid compared to the typical discussion in most Malaysian political blogs, but the commentors seemed quite afraid of saying what they said. I was arguing that this is a bit of an irrational response, since in reality they almost certainly won't get picked on by the government - even the most racist commentors on Malaysia Today don't get called in for police questioning. Your point about the necessity of anonymity is well-taken, but that further bolsters my argument that there is greater freedom of speech on the internet - because, as that famous joke went, on the internet, nobody knows you're a dog. Incidentally, you've just made me recall that thanks to the existence of this site, I've probably made myself significantly more unattractive in the Malaysian employment market once I graduate. Oh, well. It's not going to be my loss if I don't return, although I will miss the place. |
