Cuepacs supports gag order but urges fair implementation

New Straits Times

20-06-2025

KUALA LUMPUR: There has been a rise in public statements on social media that occasionally distort facts, misrepresent government decisions, or damage the image of public servants and the government as a whole, said Congress of Unions of Employees in the Public and Civil Services (Cuepacs) president Datuk Dr Adnan Mat.
As such, the government's circular issued yesterday, prohibiting public servants from making any public statements, whether orally or in writing, that could undermine government policies, plans, or decisions on any issue, serves as a reminder of existing regulations.
"We view this directive as an important measure to uphold the professionalism, integrity, and accountability of public servants, especially in an era of rapidly evolving digital communication.
"There has been a proliferation of provocative, misleading, or incomplete content shared publicly, which may erode public trust in government policies and direction.
"Thus, this circular is seen as a proactive step to address these issues and safeguard the reputation of the public service," he told the New Straits Times.
He said the circular published yesterday must also be implemented fairly, transparently, and in accordance with due process, without suppressing the right of public servants to voice their concerns through formal and internal mechanisms.
He said that addressing the matter with feedback and constructive dialogue was essential, through proper internal channels.
"Cuepacs is also concerned about the growing trend of public servants engaging in live streaming during working hours, with content that does not reflect the ethics and professionalism expected in the public service.
"Such actions create negative public perceptions and risk further tarnishing the image of Malaysia's civil service, whose primary responsibility is to deliver quality services to the people," Adnan said.
However, National Council of Professors president Emeritus Professor Datuk Dr Raduan Che Rose voiced concern that the circular risks undermining open, constructive policy debate, especially on platforms where scholars contribute alternative ideas to improve governance.
He recommended that the directive be retracted or revised with clear safeguards.
"The council recommends that the directive be revised to distinguish between political commentary and academic or professional policy input, accompanied by guidelines on what constitutes 'undermining' versus 'constructive criticism', and align it with international best practices that uphold professional neutrality while allowing civil servants to contribute meaningfully to public discourse," he said.
Raduan said that if scholars fear consequences for honest analysis, it may result in the erosion of public trust in academic institutions, stifle intellectual innovation, and lead to a lack of checks and balances from the civil service itself.
"Article 10 of the Federal Constitution includes the right to engage in critical inquiry, research, and evidence-based policy discourse, even when such views challenge prevailing government narratives.
"A vague or broadly worded prohibition invites selective enforcement and may infringe constitutional rights," he said.
Nonetheless, Human Rights Commission of Malaysia (Suhakam) commissioner Ragunath Kesavan did not flag any constitutional violations.
"As an employee, there is a general duty to maintain confidentiality and not to injure the reputation of the employer," he said.
However, he added that the circular does not absolve civil servants of their responsibility to report wrongdoings, criminal acts, dishonesty, or abuse.
"By law, there is a duty to report any purported criminal offence. Not doing so is, in itself, an offence.
"Civil servants must be cautious and vigilant to ensure that they carry out their duties diligently and lawfully. The circular does not apply to cover up wrongdoing," he cautioned, referring to all offences under Malaysian law, including corruption.
Yesterday, the government issued a circular titled 'Prohibition on Making Public Statements Under Subregulation 19(1) of the Public Officers (Conduct and Discipline) Regulations 1993 (P.U. (A) 395/1993)', dated June 19, 2025, and signed by Public Service Department (PSD) director-general Tan Sri Wan Ahmad Dahlan Abdul Aziz.