ARTICLE 19 condemns the investigation of artist and activist Fahmi Reza for a satirical graphic posted on Facebook on 17 December.
On 18 December, the Bukit Aman police headquarters called Fahmi Reza in for questioning under Section 4 of the Sedition Act 1948, Section 233 of the Communications and Multimedia Act (CMA) 1998, and Section 504 of the Penal Code. These provisions, weaponised to criminalise dissent, highlight the systemic misuse of the laws to intimidate critics and silence artistic expression. The authorities have yet to explain how Fahmi’s satirical work constitutes a threat that would warrant such heavy-handed measures.
Fahmi is being investigated for his illustration on Facebook that displayed the words ‘Koruptor No.1 Sabah’ (No.1 corruptor in Sabah) posted on his Facebook page. The image was posted after the appointment of the former Sabah Chief Minister as the state’s 11th governor.
“Satire is not a crime. Criminalising humour and critical commentary will stunt political discourse and chill civic engagement. The government’s actions send a chilling message to all Malaysians that dissent, even through art and satire, will not be tolerated. This contradicts the democratic values the government claims to uphold and undermines public trust in its reformist commitments,” said Senior Malaysia Programme Officer Nalini Elumalai. “Freedom of expression is not a privilege to be granted at the government’s convenience but a fundamental right that must be protected.”
This is not the first time Fahmi has been investigated for his satirical work. He has been charged and convicted in the past for exercising his right to freedom of expression. This investigation is being conducted in the amid of recent passage of amendments to the CMA. ARTICLE 19 has consistently warned that the application of the CMA, especially following these amendments, will have profound implications for freedom of expression. These effects are expected to become increasingly apparent once the amendments come into force. It is crucial to consider how these changes could affect individuals’ rights to express themselves freely and the overall landscape of public discourse.
“It is deeply disappointing to see the government clinging to colonial-era laws and draconian provisions to suppress dissent, even as it claims to champion democratic reforms that respect art and satire,” said Nalini. “The use of these laws to investigate Fahmi Reza reflects a broader trend of shrinking civic and digital space in Malaysia.”
ARTICLE 19 calls on the Malaysian government to immediately drop all investigations against Fahmi Reza and take meaningful steps to repeal laws that criminalise free expression, including the Sedition Act and Section 233 of the CMA, which are routinely used to stifle dissent.
For more information
Nalini Elumalai, Senior Malaysia Programme Officer [email protected].