Malaysian Government Faces Backlash Over Bid to Restrict Discussions

KUALA LUMPUR – The Malaysian government’s effort to impose a gag order on discussions regarding former Prime Minister Najib Razak’s bid for house arrest has triggered significant backlash from experts, politicians, and the public. Critics argue the move is untimely and unnecessary.

Public Discourse Already Widespread
Constitutional law expert Professor Shad Saleem Faruqi of the University of Malaya told The Straits Times that the gag order is “futile” as the issue has already been widely debated in Parliament and the media.

On 13 January, Deputy Public Prosecutor Shamsul Bolhassan announced plans to file the application in court by 20 January, aiming to prohibit discussions on Najib’s attempt to serve the remainder of his prison sentence at home. Najib is currently serving a reduced sentence following his conviction in 2022 for corruption linked to the 1MDB scandal.

Najib’s legal challenge, supported by a claimed royal addendum, seeks validation from Malaysia’s High Court, intensifying public interest and political speculation.

Political and Public Backlash
Prominent voices, including Umno Supreme Council member Mohd Puad Zarkashi, criticised the gag order, warning it could harm public trust in the government. “This will create speculation and fuel perceptions of secrecy,” he stated in a Facebook post, urging the Attorney-General’s Chambers (AGC) to withdraw the application.

Minister Azalina Othman Said also weighed in, arguing that the judiciary should be allowed to decide the case independently. She noted that the issue has already entered public discourse and would likely resurface during the next parliamentary session on 3 February.

Balancing Reformist Ideals and Political Alliances
Prime Minister Anwar Ibrahim, a long-time advocate of free speech, faces growing scrutiny over his administration’s handling of the case. Critics from the opposition claim the gag order contradicts the principles his coalition, Pakatan Harapan (PH), championed while in opposition.

A Parti Pribumi Bersatu Malaysia lawmaker, Wan Saiful Wan Jan, remarked that this move reflects poorly on Anwar’s commitment to free speech. “This administration is curbing freedom of expression from multiple angles,” he said.

Protecting the Royal Institution
Ibrahim Suffian, director of programmes at the Merdeka Centre, suggested that the application’s primary intent might be to shield the palace from undue public scrutiny. He highlighted that ongoing debates could impact perceptions of both the monarchy and government.

The success of the gag order depends on constitutional grounds, such as safeguarding public order and protecting the sovereignty of the rulers, noted Professor Shad.

Broader Implications
The controversy echoes Malaysia’s 2016 restrictions on discussing the 1MDB scandal under Najib’s administration, a policy PH opposed at the time. Observers argue that history is repeating itself, with freedom of speech again at stake in a politically charged environment.