Malaysia: End investigations against student association

On 16 September, the police confirmed that they are investigatingmembers of the student organisation, University of Malaya Association of New Youth (UMANY), after the group raised concerns about Malaysia's national admission system for public universities. ARTICLE 19 is deeply concerned over the authorities' continued use of problematic laws to restrict freedom of expression and calls for the investigations to be dropped immediately.

The student association is being investigated under Section 505(b) of the Penal Code for statements conducing to public mischief and Section 233 of the Communications and Multimedia Act of 1998 for improper use of network facilities.

On 12 September, UMANY submitteda report to the Ministry of Higher Education regarding the complaints received about the unequal standards used in the national university admission system. The memorandum was submitted in response to media reports about Malaysian Higher School Certificate (STPM) leaver Edward Wong,who achieved a 4.0 CGPA in the examination and aspired to become an accountant, yet was rejected by six public universities. In the memorandum, the group also urgedreforms, particularly around increasing transparency - including the release of data related to the ranking system and quotas.

On 13 September, the student group released a further statementto clarify their position, after their initial report faced backlash and was misinterpreted as calling for the abolition of the matriculation program 1The students group explained that their initial call was misunderstood, and that, instead, they are advocating for the merging of the matriculation program with the STPM examination, using the internationally recognised STPM syllabus. The students believe that this approach would provide a fair platform for students from diverse backgrounds to compete.

'Theinvestigation into UMANY is a disturbing attempt to silence student voices and suppress legitimate criticisms of public policy. The ongoing investigation by the police, despite the students' clarification, is clearly an act of harassment and a misuse of power, said Nalini Elumalai, Senior Malaysia Programme Officer at ARTICLE 19. 'Expressions that offend, disturb, or shock parts of the general population firmly belong in the realm of protected speech. In fact, it is exactly the element of speeches that allows anyone,including students,to attract attention to an issue of public interest.Once a state starts banning offensive speech, it lays the ground for further attacks on the freedom of expression. The risk of criminal investigation will also no doubt havea chilling effect on the eagerness of young people toexercise their rights.

Academic freedomis anessential element of democracy, fostering the capacity for critical thinking, self-reflection and pursue for meaningful improvements for everyoneliving in Malaysia. ARTICLE 19 calls on thegovernment to urgently review overly broad lawswhichare too often used to suppress dissent and discourage open debate. The government should also heed UMANY's call for transparency in the admissions process- openness and accountability are keyto building public trust.