On August 9, three Malaysiakini journalists, B Nantha Kumar, Hariz Mohd and Shahrin Aizat Noorshahrizam, were summoned to the Dang Wangi police station in Kuala Lumpur concerning a news report on a possible leadership shuffle within the Royal Malaysia Police (RMP). The journalists were questioned for over an hour, with all the Malaysiakini journalists refusing to disclose any information and protecting the confidentiality of all sources used within the article.
The Malaysiakini article, published August 6, claimed that Deputy Inspector-General of Police Ayob Khan Mydin Pitchay and Criminal Investigation Department Director Shuhaily Zain, among other top officers, will be moved to other agencies under the Malaysian Ministry of Home Affairs. These allegations were supported by quotes from an anonymous police, and a senior ministry official indicating that if there was a reshuffling plan, the home ministry was not involved.
During the police interrogation, the lead investigator directly asked for the identity of the anonymous sources quoted in the article. Communications Minister Fahmi Fadzil called on journalists to cooperate with the police in their investigations concerning the sources of information. The journalists were further warned that stern action would be taken against them under Section 233 of the Communications and Multimedia Act (CMA), Section 505(b) of the Penal Code and other legal provisions, relating to improper use of network facilities, and intending to cause fear or alarm to the public.
In a joint statement, the NUJM and the Gerakan Media Merdeka (Geramm) stood in solidarity with the journalists, stating that they “firmly oppose any effort that may threaten the right of journalists to protect the confidentiality of anonymous sources”. A court precedent established in 2013 allows journalists to protect the anonymity of sources.
The summoning of the Malaysiakini journalists by police is the latest in a series of media violations this online news outlet has faced over the years. In February 2021, the Malaysian Federal Court convicted Malaysiakini on contempt of court charges, issuing a fine of MYR 50,000, or approximately USD 12,300 in 2021. In March 2024, Malaysia’s Information Department issued Malaysiakini, and other Malaysian digital media organisations, media accreditation cards with significantly shortened periods of validity.
The NUJM said: “Any form of “cooperation” with any investigation conducted by the authorities should also not involve a demand to reveal the identity of a confidential source. On the other hand, the need to respect the privacy and confidentiality of sources is outlined as one of the eight values of the Malaysian Journalist Code of Ethics. The same need also contributes towards the ability of journalists and media organisations to carry out their role as the “fourth estate” or represent the voices of all levels of society.”
The IFJ said: “The summoning of Malaysiakini journalists for their work is in stark contradiction to Malaysian commitments to press freedom. While these media professionals have admirably stood by their sources, demonstrating the strong media ethics promoted by the NUJM, the IFJ, and media unions across the world, they should not have been put in this position by law enforcement. The IFJ urges authorities to respect the media’s right to report without obstruction, and drop all investigations against Malaysiakini staff immediately.”