In a statement, the Centre for Independent Journalism (CIJ) said the move raised alarm about freedom of expression and the right to information in Malaysia “as it perpetuates a culture of secrecy”.
The gag order also undermines the public’s ability to access information and engage in critical discourse about issues pertaining to the public interest, CIJ said.
“This development demonstrates the urgent need for the government to adopt a progressive right to information legislation, with no further delays, to ensure an open government based on transparency and the proactive disclosure of information held by public authorities.”
CIJ said any exemption to the non-disclosure of information must be grounded in the international human rights principles of legality, necessity, and proportionality, and meet the public interest and harm test.
On Monday, the government and five others filed a prohibitory and gag order barring the public from openly discussing the addendum that would allow Najib to serve the remainder of his six-year jail sentence under house arrest.
The other five are the Federal Territories Pardons Board (FTPB), the legal affairs division of the Prime Minister’s Department, the home minister, the prisons department’s commissioner-general, and the law and institutional reform minister.
Earlier this month, senior federal counsel Shamsul Bolhassan, who is also the first deputy head of the Attorney-General’s Chambers’ civil division, said the government had applied to the High Court for the order and asked that it remain in force pending the outcome of the hearing.
Shamsul said the government applied for the gag order as the hearing touched on “sensitive issues” involving the royalty.
On Jan 6, the Court of Appeal granted Najib leave to pursue his judicial review application to compel the government to execute a supplementary decree issued by the former king allowing him to serve the remainder of his jail term under house arrest.
The appeals court also permitted him to adduce new evidence to show the existence of a supplementary decree issued by former Yang di-Pertuan Agong Al-Sultan Abdullah Sultan Ahmad Shah placing him under house arrest when the merits of his case are heard in the High Court.
The FTPB announced on Feb 2 last year that Najib’s prison sentence in his SRC International case had been halved from 12 years to six, and his fine reduced from RM210 million to RM50 million.