Malaysia: Journalist charged for coronavirus Facebook posts (Demo)

Hayati appeared in Kuala Lumpur Magistrate’s court today, February 5, charged under section 505 (b) of the Penal code for posting statements on her Facebook account “Ibu Yati”.

The charge sheet stated Hayati allegedly made three posts, which were read at 10pm on January 26 by Bukit Aman Commercial Crime Investigation Department. One post said “This morning, the news said that 1,000 people from China had arrived in Penang … I wonder if LGE ( (Lim Guan Eng) will call for an emergency or curfew if he is affected?”. The charges allege the journalists’ social media posts violated the code for publishing and circulating rumours likely to cause fear or alarm to the public.

Hayati was unrepresented and pled not guilty before Magistrate Tawfiq Affandy Chin. While the prosecutor requested the judge refuse bail, bail was set at RM 12,000 (USD 2,910), or RM 4,000 (USD 972) for each charge. The case is scheduled to be heard on March 11. If found guilty, Hayati faces up to two years in prison, a fine or both.

An award-winning journalist who has written for various media outlets, namely Berita Harian and New Straits Times, Hayati currently also serves as an executive member and deputy general treasurer for NUJM. According to NST, the legislation the journalist has been charged under is commonly used to silence critics, opposition leaders and activists.

The coronavirus has opened the gates on a spate of arrests under the guise of “fake news” and misinformation in the region, with an increasing number of governments using legislation to criminalise journalists and others. Between Malaysia, India, Thailand, Indonesia and Hong Kong at least 16 people are reported as being arrested for social media posts on the virus.

The Malaysian finance minister Lim Guan Eng (LGE) mentioned in Hayati’s post is well known for his tactics aimed at silencing the media. In 2011, he sued two media outlets for defamation for being named a “Singapore agent”. The case concluded in 2019 with the complainant receiving MYR 650,000 (USD 157,880) in damages.

The NUJM said taking action against journalists or media in a democratic country like Malaysia for expressing free speech will be seen as a “regression in our democracy in the eyes of the public, not mentioning the international society as a whole”.

“We have no objection if the authorities wanted to investigate in combating fake news, but journalists are bound by parameters of ethical journalism and the rule of law. We also believe that as a journalist she had the right to voice out her concerns to the members of the public … who are mainly not well informed by the government over the situation of the coronavirus outbreak.”

NUJM has launched a fund raising effort to pay Hayati’s bail and expressed its gratitude to fellow journalists and lawyer New Sin Yew for offering his pro bono services. Hayati is a mother of a 10-year-old son.

The South East Asia Journalists Union (SEAJU) also laments the charges. “Her statement was something any citizen of a democracy is entitled to make. We condemn the use of the penal code to put anyone in jail to spread the information”.

The IFJ said: “Today in Malaysia we’ve seen the outcome and anticipated fallout of so-called fake news legislation. This is also a disgraceful attack on journalism and those who ask questions of those in power. We are all Ibu Yati today – journalism is not a crime. We condemn this attack and urge authorities to drop all charges and urgently review Malaysia’s penal code.”