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MADPET urges immediate abolition of detention without trial laws following mandatory death penalty repeal

Malaysians Against Death Penalty and Torture (MADPET) has urged the immediate repeal of Detention Without Trial (DWT) laws in Malaysia following the abolition of mandatory death penalty.

MADPET highlights laws like POCA, POTA, and the Dangerous Drugs Act as draconian and contrary to the presumption of innocence.

The organization calls for a speedy repeal during the upcoming parliamentary session and emphasizes the need to uphold fair trials and protect individual rights.

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MALAYSIA — In a statement issued on Saturday (29 Apr), Malaysians Against Death Penalty and Torture (MADPET) called for the prompt repeal of Detention Without Trial (DWT) laws in Malaysia, following the recent abolition of mandatory death penalty and imprisonment for natural life.

MADPET specifically highlighted laws such as the Prevention of Crime Act 1959 (POCA), Prevention of Terrorism Act 2015 (POTA), and the Dangerous Drugs (Special Preventive Measures) Act 1985.

MADPET argued that these DWT laws undermine the fundamental principle of the presumption of innocence until proven guilty in a fair trial.

The organization cited Article 11 of the Universal Declaration of Human Rights, which guarantees the right to be presumed innocent and to a public trial with adequate defense.

The lack of trial in DWT cases denies individuals the opportunity to defend themselves and allows the authorities to detain or restrict them indefinitely without judicial oversight.

One concerning aspect highlighted by MADPET is the provision in POCA that imposes double punishment for crimes committed by registered individuals. Such individuals face sentences twice as long as the maximum term provided by the law for the same offense.

MADPET deemed this practice unjust and a violation of the principle of equal protection under the law enshrined in Article 8(1) of the Federal Constitution.

MADPET emphasized that the abolition of DWT laws is crucial, even if prominent individuals like Anwar Ibrahim or Lim Kit Siang are no longer affected by them.

The organization drew attention to statistics revealing the extensive use of POCA, with thousands of individuals placed under detention or surveillance orders.

Highlighting the broad application of POCA, MADPET expressed concerns that resorting to DWT laws might allow law enforcement agencies to circumvent their duty to prove guilt in court, potentially leading to a lack of thorough investigations.

The statement further questioned the impact of bribes in influencing the use of DWT laws instead of pursuing fair trials.

MADPET stressed that only the courts should have the authority to prove guilt and impose punishment in accordance with the sentences prescribed by law.

“Extrajudicial punishment imposed by the administration or any other administrative Boards must end. Only the courts and judges determine guilt, and should be the only ones allowed to impose punishment on a person convicted of a crime,” said MADPET.

With the upcoming parliamentary session scheduled for 22 May to 15 June, MADPET called on the Malaysian government to introduce bills aimed at abolishing Detention Without Trial laws.

The organization also reiterated its call for the swift repeal of other draconian laws, including the Security Offences (Special Measures) Act (SOSMA), Sedition Act, and Societies Act.

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Civil Society

RSF Director General meets Taiwanese President Lai Ching-te, proposes measures to combat disinformation

Thibaut Bruttin, Director General of Reporters Without Borders (RSF), met Taiwanese President Lai Ching-te on 16 October 2024 to discuss measures for strengthening Taiwan’s democracy against disinformation. Bruttin highlighted the importance of media reform, citing Taiwan’s improved press freedom ranking and RSF’s global initiatives.

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Thibaut Bruttin, Director General of Reporters Without Borders (RSF), met with Taiwanese President Lai Ching-te in Taipei on 16 October 2024.

The meeting focused on strategies to bolster Taiwan’s democratic resilience against disinformation. Bruttin was accompanied by key figures from RSF and Taiwan’s leadership, including Secretary-General of the National Security Council Joseph Wu and Deputy Minister of Foreign Affairs François Wu.

The delegation also included notable figures from RSF’s Taipei Bureau, such as Director Cédric Alviani, Advocacy Manager Aleksandra Bielakowska, and Development and Projects Manager Shataakshi Verma.

The talks were held in the context of Taiwan’s rising prominence in global press freedom, with the nation moving from 35th to 27th place in RSF’s 2024 World Press Freedom Index.

Bruttin praised Taiwan’s advancement but emphasised the importance of continued reforms to ensure that Taiwan’s media remains resilient in the face of increasing disinformation campaigns, particularly given the island’s tense geopolitical situation with the People’s Republic of China.

“Taiwan, as a regional leader in press freedom and the only democracy in the Chinese-speaking world, has everything to gain from aligning its media regulations with international standards,” Bruttin stated. He argued that reforms are crucial not only for combating disinformation but also for restoring public trust in the Taiwanese media, which he noted is alarmingly low.

According to recent studies, only three out of ten Taiwanese citizens trust the media, a figure that ranks among the lowest in democratic nations. Bruttin attributed this in part to Taiwan’s polarised and sensationalist media landscape.

During the meeting, Bruttin outlined several key RSF initiatives that Taiwan could adopt to enhance its media environment.

Among these was the Journalism Trust Initiative (JTI), the world’s first ISO-certified media quality standard, designed to promote reliable and transparent journalism.

He also discussed the Paris Charter on Artificial Intelligence and Journalism, which aims to ensure ethical standards in the use of AI within the media.

Additionally, Bruttin introduced RSF’s Propaganda Monitor, a project that tracks and counters propaganda and disinformation worldwide, including efforts by state actors.

Bruttin stressed that implementing these initiatives could help Taiwan build a more transparent and trusted media sector, crucial for democratic stability. He also addressed the role of international platforms, which often dominate local media landscapes, posing a long-term threat to the viability of independent journalism.

Bruttin’s visit coincided with two significant events for RSF in Taiwan.

Firstly, the organisation held its inaugural Asia-Pacific Correspondents Seminar, which gathered regional representatives from RSF for internal discussions on the state of press freedom across Asia.

Secondly, RSF celebrated the seventh anniversary of its Taipei Bureau, which was opened in 2017 to strengthen RSF’s presence in the region. The anniversary reception saw over 200 prominent figures from the media and academic spheres attend, highlighting the increasing significance of RSF’s work in Asia.

Taiwan’s media landscape has long been under pressure due to aggressive efforts by the People’s Republic of China to assert sovereignty over the island. China’s state-sponsored disinformation campaigns are frequently aimed at destabilising Taiwan’s democratic institutions.

These efforts have exacerbated divisions within Taiwan’s media sector, which is already fragmented and prone to sensationalist reporting. Bruttin’s recommendations reflect a broader push to enhance Taiwan’s ability to resist such external interference through robust media governance and public trust-building measures.

Bruttin’s discussions with President Lai follow a similar visit by RSF’s previous Director General, Christophe Deloire, in 2017, when he met with then-President Tsai Ing-wen. RSF has consistently praised Taiwan for its commitment to press freedom but continues to advocate for further regulatory improvements.

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Civil Society

Meta and X served targeted POFMA order after activist’s non-compliance

Meta and X received targeted correction directions under the Protection from Online Falsehoods and Manipulation Act on 11 Oct after activist Kokila Annamalai failed to comply with a correction order. The Ministry of Home Affairs stated her misleading posts claimed the government executes arbitrarily without due legal process and will refer her to the POFMA Office for investigation.

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SINGAPORE: Two social media platforms have been served with targeted correction directions under the Protection from Online Falsehoods and Manipulation Act (POFMA) on Friday (11 October), after activist Kokila Annamalai failed to comply with a correction order issued to her last week.

Ms Annamalai received the order on 5 October for misleading posts made on Facebook and X.

In a statement, The Ministry of Home Affairs (MHA) said the posts falsely claimed that “the government schedules and stays executions arbitrarily and without regard for due legal process, and that the State does not bear the legal burden of proving a drug trafficking charge against the accused person.”

MHA noted that an article on the government fact-checking website Factually elaborated on why Ms Annamalai’s assertions were false.

The order mandated that she post a correction notice on the two posts; however, she has not complied.

In light of this non-compliance, the Minister for Home Affairs has directed the POFMA Office to issue a targeted correction direction to Meta Platforms and X.

This order requires the platforms to notify users who have seen the posts that they contain false statements and to provide a link to the Factually article explaining the inaccuracies.

MHA also announced that it would refer Ms Annamalai to the POFMA Office for investigations regarding her failure to comply with the correction direction issued on 5 October.

Earlier, the Anti-Death Penalty Asia Network (ADPAN), an organisation advocating for the abolition of the death penalty in the Asia-Pacific region, was also served with a correction order by the Singapore government under POFMA.

This order, initiated by Minister for Home Affairs and Law K Shanmugam, was in response to alleged false claims made by ADPAN in social media posts on 3 October 2024.

The posts, which were circulated on Facebook, Instagram, and LinkedIn, related to Singapore’s legal processes for death row prisoners and the treatment of activists opposing the death penalty.

They were released just before the scheduled execution of Mohammad Azwan Bohari, a drug trafficking convict sentenced to death for possessing over 26.5 grammes of pure heroin.

While ADPAN has since complied with the correction order by adding a notice to the original posts across its social media accounts, the group has expressed its intention to engage further with the order.

ADPAN reiterated its commitment to its statements and opinions, which it asserts are protected by international human rights law and standards, and expressed solidarity with human rights defenders and groups on the ground.

The organisation also reserved the right to issue additional statements on the matter.

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