110
Dictating the Internet:
his conviction.409
In a similar case:
In June 2016, a 76-year-old man was arrested and detained for three
days after he posted a picture through a message on a WhatsApp group
which was deemed insulting to then-Prime Minister Najib Razak.410
Cases of Sarawak Report, Medium and The Malaysian Insider
In July 2015, the MCMC blocked ‘Sarawak Report’, an independent news
blog after it had reportedly released information evidencing a high-level
corruption scandal involving then-Prime Minister Najib Razak and Stateowned investment fund ‘1Malaysia Development Berhad’ (1MDB), of
which he was the sole shareholder and signatory. The ‘Sarawak Report’
publication alleged that the then-Prime Minister had misappropriated
funds from 1MDB.411
The news blog was blocked on the basis that it had violated sections 211
and 233 of the CMA.
In August 2015, an arrest warrant was issued by the Malaysian authorities
against the founder and editor of the ‘Sarawak Report’, Clare Rewcastle
Brown, based on the accusations that she had violated the Penal Code
for “activities detrimental to parliamentary democracy”, “forging false
documents” and obtaining material through “criminal leakages”.412 Soon
after the ‘Sarawak Report’ was blocked, the MCMC publicly issued warnings
that individuals spreading ‘unverified news’ on the 1MDB scandal could
be found in violation of sections 211 and 233.413
In January 2016, the ‘Medium’ blog was reportedly blocked by certain
409 Ibid.
410 The man, who went by the name of ‘Pa Ya’ on the messaging app, was released on bail after the
police’s request to extend his detention term was rejected by the Johor Bahru Magistrate’s Court,
in light of his old age and health problems. See Gabriel Samuels, ‘Malaysian pensioner arrested for
‘insulting prime minister Najib Razak on Whatsapp’’, The Independent, 7 July 2016, Available at:
https://www.independent.co.uk/news/world/asia/malaysia-prime-minister-whatsapp-photo-insultpensioner-arrested-a7124476.html; Yee Xiang Yun, ‘76-year-old author who allegedly insulted
Najib on WhatsApp released’, The Star Online, 6 July 2016, Available at: https://www.thestar.com.
my/news/nation/2016/07/06/author-who-allegedly-insulted-najib-released/
411 Communication No. MYS 3/2015 from UN Special Rapporteurs on freedom of expression and on
freedom of assembly and association to the Government of Malaysia, 18 August 2015, Available at:
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=20955
412 Ibid.
413 Hanis Zainal, ‘Marina slams MCMC warning to social media users over 1MDB’, The Star Online, 9
July 2015, Available at: https://www.thestar.com.my/news/nation/2015/07/09/marina-mcmcsocial-media/