PETALING JAYA: The arrest of two secondary school students for "ridiculing the SPM history paper" in a viral video is an excessive and arbitrary use of police powers, says Lawyers for Liberty (LFL).
The activist lawyers’ group also called on Education Minister Fadhlina Sidek to speak out over the arrest of the students as the actions of the police on the two students "will strike a chill in parents all across the country if left unaddressed".
Lawyers for Liberty director Zaid Malek said that the high-handed actions by the police with a home raid and drug tests of the two 18-year-olds would have caused extreme trauma for the students and their families and criminalises freedom of speech over "silly ranting by teenagers on social media".
On Feb 25, Hulu Selangor OCPD Supt Suffian Abdullah said that two male teenagers were arrested to assist in investigations into a viral video featuring high school students who harshly criticised the Sijil Pelajaran Malaysia (SPM) history exam paper, following a report filed by a teacher.
"LFL is shocked and appalled that the police have taken a heavy-handed approach against schoolboys.
"And all this over a video where they vented their frustrations on their SPM history paper.
"Even if there were unsavoury comments that were uttered, it does not warrant the intervention of the police. It should have been a matter for the school authorities and parents to deal with.
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"They were just teenagers who were being childish and had already apologised for the video that they made, yet they were treated like hardened criminals," the statement said.
It added that the continued existence of Section 233(1)(a) of the Communications and Multimedia Act (CMA), which was being used against the boys, was a bane to freedom of speech.
"Members of the government should be well aware of how disproportionately wide Section 233 is in criminalising speech online.
"Article 10(1)(a) of the Federal Constitution protects freedom of expression, which entails that people should feel protected from unwarranted and disproportionate criminal action taken on them for merely exercising their free speech.
"Though freedom of speech is not unfettered, the right is not something to be limited lightly. Criticisms of the government should not be criminalised, and childish vents by teenagers even less so," the statement added.
In its statement, LFL urged that all police action cease and the matter be handed to school authorities.
"We also call upon Home Minister Datuk Seri Saifuddin Nasution and Communications and Digital Minister Fahmi Fadzil to explain the unprecedented use of section 233(1)(a) of the CMA against schoolchildren.
"The Education Minister must also break her silence over schoolchildren being hauled up by police for posting silly videos," said Zaid.
