Malaysia: End harassment of PRIDECARE organisers

Malaysia: End harassment of PRIDECARE organisers - Civic Space

On 4 June, police called two members of the youth wing of the Malaysian Socialist Party Pemuda Sosialis in for questioning in relation to the ‘PRIDECARE: Queer Stories and Sexual Health Awareness’ workshop to be organised in conjunction with Pride in June. The Bukit Aman Classified Crimes Investigation Unit carried out the investigation under Section 298A of the Penal Code for alleged blasphemy, Section 505(c) of the Penal Code for purportedly inciting a crime, and Section 233 of the Communications and Multimedia Act (CMA), which criminalises improper use of network facilities. The police also confiscated the mobile phone of one of the youth wing members after taking their statement.

The Selangor State police chief has since warned the public from participating in the event, claiming that it offends ‘public sensitivities’ and contravenes national laws that do not support LGBTQI practices.

‘This investigation highlights the repressive environment that LGBTQI communities continue to live in and the relentless discrimination they face for merely exercising their basic freedoms to expression and assembly,’ said Senior Malaysia Programme Officer at ARTICLE 19, Nalini Elumalai. ‘Rather than obstruct events based on vague notions, the authorities should protect and facilitate initiatives that contribute to public health and could save lives.’

Authorities routinely use provisions in the Penal Code and CMA – either on their own or in conjunction with other laws – to silence dissent, online expression, and discourse concerning racial and ethnic groups, religion and the Malaysian royalty. This has resulted in individuals from marginalised groups, including those from religious minorities, LGBTQI people, human rights defenders, journalists, and artists facing restrictions on their freedom of expression.

Under international human rights law, any restriction on freedom of expression must be provided by law, based on one of the legitimate aims set out in Article 19(3) of the International Covenant on Civil and Political Rights (ICCPR), and must conform to the strict test of necessity and proportionality – all of which the above provisions fall short.

Organisers have since postponed the workshop after a rise in hateful comments and death threats being posted on the organisers’ social media pages, and following public condemnations from the Minister in the Prime Minister’s Department (Religious Affairs) Na’im Mokhtar on 29 May 2025.

‘It is crucial that everyone, particularly public officials, politicians, and community leaders firmly denounce discrimination, violence, and hatred. They must also refrain from using stigmatising language that could further fuel discrimination, intolerance or hostility, particularly towards groups already facing exclusion and significant barriers in accessing effective remedies,’ said Nalini Elumalai. ‘Instead, they should play a positive role in combatting hate speech and speak out promptly against such expressions, including against what this youth group is now going through. The government has the responsibility to protect the rights and safety of all individuals, regardless of their sexual orientation or gender identity, and if threats or attacks take place, the authorities should ensure prompt investigation and hold the perpetrators accountable.’

ARTICLE 19 urges the government to further encourage other stakeholders’ initiatives to promote inclusion, diversity, and pluralism, in line with Human Rights Council Resolution 16/18 and the Rabat Plan of Action. To combat hate speech, discrimination, and harmful stereotypes, we must allow more speech and put an end to such restrictive environments. This will ultimately facilitate discussion on fundamental issues of identity, belonging, systematic discrimination, and prejudice. As a freedom of expression organisation, we highlight that increased dialogue is a more constructive approach than censorship as it fosters stronger and more resilient societies where everyone enjoys the fundamental rights to which they are entitled.