76
SUHAKAM
Report of Public Inquiry into the Incidents During and
After the Public Assembly of 28 April 2012
6.20 The Panel expresses its abhorrence at the mistreatment of media personnel and the
abuse of their rights to carry out their duties without hindrance or fear of physical
harm.
Panel’s Observations
6.21 During the hearing, it was suggested that there should have been a media briefing
prior to the assembly of 28 April presumably to enable the police and the media to
understand their respective roles and responsibilities, and to act accordingly. While
the Panel does not wish to deny the usefulness of such briefings, it is nevertheless
of the view that regardless of whether briefings are held, the police and the media
personnel must conduct themselves properly, professionally and in accordance
with the law. While the Panel feels that such briefings may be an indicator of the
willingness of the authorities to co-operate and reach a mutual understanding,
under no circumstance should such briefings be used to limit or restrict the media
personnel from carrying out their tasks.
6.22 Section 24 of the PAA 2012 entitles the media reasonable access to a place of
assembly. This would suggest that the authorities have a duty to provide reasonable
access to the media. According to Koh Jun Lin (W16), he was asked to join a group of
other media personnel gathered behind a line of police personnel at the intersection
of Jalan Raja and Jalan Parlimen. While the police should be commended for acting
in good faith to ensure the safety of the media, such measures should not at the
same time hamper media personnel from carrying out their duties.
6.23 While it is the duty of the media to cover an event and to report to the public,
members of the public also have the right to accumulate and disseminate
information. Article 19 of the UDHR states that every citizen has the right to impart
his ideas to another. This guarantees the right of every person at the assembly to
take photographs and the authorities have no justification to prevent a member of
the public from doing so unless in or around prohibited areas.
6.24 The NUJ’s Safety Handbook for Journalists (Exhibit 48) remains to be treated as a
reference, to be referred to only when necessary and where applicable. Contrary to
the contention made repeatedly by the representative of PDRM during the hearing,
the assembly on 28 April 2012 was neither a war zone nor a social unrest in the
morning, and it never became one even with the turn of events at 3.00 pm onwards.
Therefore, it was not necessary at any time for the journalists to have come prepared
with helmets or gas masks as suggested by the observer from PDRM.