The media must remain free from fear or favour

The Malaysian Bar is shocked by reports of the arrest of news portal journalist Kalidas Subramaniom and the investigation of Malaysiakini and its senior journalist B Nantha Kumar, in connection with their reporting on two separate migrant worker-related matters.

It is incompatible with the rule of law for journalists and the media to be subjected to arrest or investigation for doing their job. The fourth estate must remain free from fear or favour, and report fairly at all times.

Article 19 of both the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights 1966 codify and provide that “everyone has the right to freedom of opinion and expression”, including “the freedom to seek, receive and impart information and ideas of all kinds”, through any media, regardless of frontiers.

The Malaysian Bar reiterates its call for Malaysia to ratify the international covenant, consistent with its commitment to uphold fundamental liberties and the rule of law.

Malaysia’s ranking at a mere 88th place in the World Press Freedom Index remains a source of great concern. Reporters Without Borders continues to classify Malaysia’s media landscape as being in a “problematic situation”.

The Malaysian Bar calls on the authorities to ensure that any and all investigations are conducted strictly in accordance with the rule of law, without in any way hindering journalistic work and without intimidation.

A free media is indispensable to democracy and is a crucial prerequisite of the rule of law.

Anand Raj is the president of the Malaysian Bar.