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Ministry seeking to exempt public universities from speech restrictions [WATCH]

KUALA LUMPUR: The Higher Education Ministry has requested a review of the Statutory Bodies (Discipline and Surcharge) Act 2000 to allow public universities to freely make statements.

Its minister, Datuk Seri Dr Zambry Abd Kadir, said the request was made in response to concerns raised about a public university recently silencing its staff.

He said the review could also exempt public universities, as statutory bodies, from being subjected to all directives under the Public Service Department (PSD).

"I am aware of the concerns among the public and the academic community, particularly regarding Universiti Kebangsaan Malaysia's (UKM) statement about the prohibition on making statements that could cause public harm. This is also related to (the act), which frequently reminds staff of statutory bodies of what they can and cannot do.

"However, I also understand the context of higher education institutions. The question is how university management can take into account every instruction or reminder issued by the PSD, especially as it relates to statutory bodies.

"Therefore, one of the steps I have taken is to ensure that no instruction is interpreted unilaterally and that such instructions cannot be assumed to apply at all levels.

"After the issue came to light, I held a high-level meeting to examine why such constraints occur in the context of our academic world, with the biggest hurdle being the existence of the act.

"I have also requested that the act be reviewed to provide exemptions for public university staff to make public statements, as they are considered statutory bodies," he said during minister's question time in the Dewan Rakyat.

Zambry said this in response to Datuk Seri Saifuddin Abdullah (PN-Indera Mahkota) regarding measures to prevent incidents such as the UKM ban, which prohibits its staff from making public statements, from happening again.

He also said it was timely to review the act for public universities, as 12 institutions have already been exempted from the same directives.

"Hence, it is time we review the situation in the context of universities. For example, sections 18(1) and 18(2) outline what can and cannot be done.

"In the context of public universities, we need to consider that they should not be bound by the entire circular, either publicly or generally, as it applies to all those classified as statutory bodies.

"This is one of the steps we are taking, and it is seen as progressive and radical.

"I am also working to foster an environment where universities can freely express their views without fear, provided that those who speak do so in line with intellectual and scholarly standards, grounding their statements in facts and avoiding baseless claims or unfounded theories."

Saifuddin had previously claimed that UKM had issued a circular prohibiting university staff from making public statements, especially those critical of the government and its policies.

The circular, which made the rounds on social media, mandates civil servants, including officers of statutory bodies, to refrain from making statements that could undermine government policies or embarrass government entities.

However, UKM dismissed the claims, stating that it does not restrict the freedom of speech of its members in making statements, whether verbally or in writing, including on social media.

The university added that it welcomes differences of opinion that benefit society and the nation.

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