DAP lawmaker Lim Lip Eng has called for the immediate release of former Free Malaysia Today journalist Rex Tan, warning that the authorities’ actions raise serious questions about transparency and fairness in law enforcement.

The Kepong MP noted that numerous political figures who made racially charged or sensitive statements have never been detained, despite a deluge of police reports filed against them.

“Moreover, there are politicians linked to corruption scandals, including the seizure of tens of millions of ringgit from their former staff, who remain free without any arrest,” he said, in an apparent reference to former prime minister Ismail Sabri Yaakob, who was linked to safe houses from which RM177 million in cash, gold, and other assets were seized.

“Why is Tan treated differently? Is the law only strict toward certain individuals but lenient toward those with influence?” he asked in a Facebook post.

Lim emphasised that law enforcement must not be used as a tool for selective punishment, as it undermines the principles of justice and the rule of law.

“Tan has publicly apologised, acknowledged his mistake, expressed regret, and stated his full willingness to cooperate with the police. In this context, detaining him is both coercive and repressive,” he added.

The journalist was detained over a question he posed during a public lecture on the Gaza conflict featuring UK politician George Galloway in Kuala Lumpur, which was said to carry racial overtones.

Fiercely rebut ideas, don’t criminalise expression

Former DAP lawmaker Charles Santiago also criticised the arrest, stating that bad questions are not crimes and arresting someone for asking one is a clear infringement of freedom of expression.

“We can reject false equivalences between discrimination, racism, and genocide in Gaza. And still defend Tan’s right to speak without fear of arrest. Free speech protection exists precisely for uncomfortable, ignorant speech or questions,” he said on X.

Former MP Charles Santiago

Charles cautioned that a dangerous line would be crossed if arrests became the response to poor political questions, as it would invite the abuse of state power.

“Challenge and rebut ideas fiercely, but don’t criminalise free expression. Threats and harassment against Tan are unacceptable, no matter how misguided his question was. It cannot be a licence for mob punishment,” he added.

Apology not enough

However, PAS Youth information chief Nadzir Helmi supported a police investigation into Tan on the grounds of public safety.

“PAS Youth takes note that Tan has issued an official apology. From an individual moral perspective, the apology may be acceptable as a sign of personal responsibility.

“However, in the context of public safety and the sovereignty of national unity, this issue cannot be dismissed with just an apology, as its impact has already spread widely on social media and has the potential to propagate misguided ideas within society,” he added.

Earlier, Malaysiakini reported former law minister Zaid Ibrahim comparing Tan’s case to calls for PAS MP Ahmad Marzuk Shaary to be investigated over a Facebook post titled “Learning from the history of Palestine: Let us not repeat the same mistake”, which portrayed Malaysia’s non-Muslim and non-bumiputera citizens as threats to Malay-Muslim interests.

Describing the journalist’s arrest under the Sedition Act as excessive, Zaid said it highlighted the authorities’ “double-headed hypocrisy”.

Tan is also being investigated under the Penal Code for statements made with intent to cause alarm, as well as the Communications and Multimedia Act (CMA).