Several NGOs have expressed grave concerns over the prosecution and persecution of artistic expression as exemplified by the current Negarakuku debacle.

The joint statement by Writers Alliance for Media Independence (Wami), Centre for Independent Journalism (CIJ) and Institut Kajian Dasar (IKD) hold that no one should be punished for their artistic expressions so long they are not propagating violence.

"Those who disagree with certain artistic expressions should reply with artistic critiques or counter-expressions, rather than banning them or persecuting the artists with the state's power.

"If we cannot hold on to this principle, we are making a mockery of the Article 10 of our Federal Constitution which explicitly guarantees every citizen the right to freedom of speech and expression," the statement read.

The NGOs also stressed that political intervention into the world of arts hurts both arts and democracy.

Creative talents

"Malaysians are mature enough to discuss and judge for themselves the content and form of art," it said.

In recent days, Johor-born Wee Meng Chee, 24, has come under fire for parodying the national anthem on video which was posted on popular video-sharing site, Youtube.

Various parties including the government allage that the Negarakuku rap sung in a mixture of Mandarin and Bahasa Malaysia was racially sensitive and seditious.

The NGOs pointed out that Wee follows a string of creative talents 'punished' for being different including movie directors like Mohamad Amir, Yasmin Ahmad and Tsai Ming-Liang, actress in Vagina Monologue.

"(They) have all suffered harassment, vilification, censorship or ban for 'offending' or 'challenging' national culture, sensitivity, history and others in one way or another," it stated.

The statement also says the Federal Constitution guarantees Malaysians' freedom to celebrate Merdeka in any peaceful way they prefer.

"In fact, freedom as enshrined in the Constitution is central to the celebration of Merdeka. If we are not free, what independence is there to celebrate?

"Some Malaysians have set out to eliminate the crime of 'unMalaysianness', a fact other Malaysians must now stand up and speak up," it said.

Open debates

The NGOs stated that inter-ethnic and inter-religious harmony cannot be done through suppressing freedom of expression but rather with open and rational debates.

"If some are intolerant to views they consider insulting or offensive, the society must promote tolerance and respect, rather than conceding to emotional responses of the intolerant lot.

"Otherwise, if everyone protests against everything they consider offensive, then no issue can be discussed publicly and this will only kill democracy as the state can dictate on matters of importance without public scrutiny and participation," they said.

The NGOs added that the monopoly of Merdeka outdoor celebrations by the Culture, Arts and Heritage Ministry beckons a dangerous trend that the nation's independence and celebration are seen as the government's prerogative.

"(Malaysians) must stand up to defend the right to celebrate Merdeka in any peaceful way they like," they said.