Arresting critics: Are we in a police state?

Lawyers For Liberty (LFL) refers to the arrest of seven members of the public by the police announced recently over videos made and uploaded on social media platforms TikTok and Facebook.

The videos alluded to in the statement allegedly made by the individuals were stated by the police to be videos critical of the government and government leaders.

Section 4(1) of the Sedition Act 1948, Section 505(b) and 504 of the Penal Code, as well as Section 233 of the Communications and Multimedia Act 1998 (CMA) were invoked as the basis for the arrest and investigation of the seven people.

It is appalling that these arrests are being paraded by the police as a warning to the public against criticising the government or its leaders.

It is even more horrendous that this government, helmed by Anwar Ibrahim, has allowed such blatant attacks on free speech under the very laws Anwar previously promised to repeal.

Have the prime minister and his cohorts in Pakatan Harapan forgotten their promise to uphold free speech and the right to criticise the government?

Criticisms and even ridicule of the PM, the government or its leaders are not crimes. They are an exercise of free speech and expression guaranteed under Article 10(1)(a) of the Federal Constitution.

The government and its members are certainly not immune from criticism and ridicule, and it is far-fetched to claim that such actions are disruptive to public order warranting an arrest and criminal investigation.

If criticism of government leaders is a crime, why did leaders of PH protest against similar actions taken against them under the same laws when they were in opposition?

The PM and members of his government ought to know – having been on the receiving end of unjust and politically motivated police probes themselves when they were in the opposition – that punitive acts against detractors and critics of the government are not justified and are an affront to free speech.

The right to free speech cannot be said to exist if those using it face arrest for the exercise of that very right.

The police have been allowed, either directly or tacitly by the government, to conduct rampant attacks on fundamental liberties.

We are now in a police state, and the statement issued by the police is clear proof of this. It was made as a show of strength and as an act of intimidation of the public to deter them from exercising their right to free speech. The government cannot sidestep responsibility for the actions of the police.

The statement also shows blatant disregard for the rule of law. Why have they in this announcement cited the past criminal conduct of some of the individuals arrested? Past criminal conduct is not relevant to prove the commission of the crime now alleged, so why was it mentioned at all?

It only serves to raise questions about the integrity of the police and the investigations they are now conducting. Is the home minister yet again going to spring to the defence of the police to justify this clear abuse of power?

This government has time and again proven that its promises are hollow words meant only to secure votes with no intent of honouring them. It has betrayed its mandate and instead of being the government bringing about Reformasi (reforms), it is instead responsible for the worsening state of civil liberties.

Should it disagree, prove it through action. Repeal the Sedition Act and Section 233 of the CMA, and halt any arrest of individuals for critiquing, disagreeing with or ridiculing the government or its leaders.

Halt the rapid slide towards a police state.

Zaid Malek is the director of Lawyers For Liberty.