Why seize books that aren't banned, questions lawyers group


KUALA LUMPUR: There are no grounds under the Federal Constitution to justify the seizure of two books that have not been banned, says Lawyers for Liberty (LFL).

LFL director Zaid Malek said the raid on Toko Buku Rakyat bookstore by enforcement officers on Friday (Aug 18) was unlawful, unconstitutional and reckless.

"The government has no right to simply seize any publication that it deems inappropriate without going through the very process enumerated in section 7(1) of the Printing Presses and Publications Act 1984 (PPPA), which states that any order by the minister to ban publications must be gazetted before it can have the force of law.

"Neither of the books has been banned under the PPPA.

"We remind the government that its duty is to safeguard the community from actual harm or the threat of harm, not thoughts and ideas, which are protected by the Constitution," he said in a statement on Saturday (Aug 19).

Zaid also urged the government to stop all enforcement action upon the two seized books, halt all action under the PPPA and take immediate steps for its repeal.

At all times the government must be guided by principles, and not populist sentiments in the hopes of garnering enough votes to stay in power.

"The repugnant PPPA should not continue to exist under a 'reformist' prime minister or government," he added.

It was reported on Friday that the Home Ministry had raided Toko Buku Rakyat, a bookstore owned by local author and educator Benz Ali.

The two books that were confiscated were "Marx: Sang Pendidik Revolusioner", a Malay translation of "Karl Marx: The Revolutionary as Educator" by Robin Smalls, and Benz's own book "Koleksi Puisi Masturbasi".

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