Ex-FMT journalist detained for question posed at Gaza-related public lecture

Former FMT journalist Rex Tan was detained on Saturday under Malaysia’s Sedition Act and other laws following a question he posed at a public Gaza-related forum. The arrest has sparked concerns over press freedom and the use of punitive laws against journalists.

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AI-Generated Summary
  • Former journalist Rex Tan has been released on police bail after being detained under sedition and public mischief laws.
  • His arrest stemmed from a controversial question posed at a Gaza-related public forum in Kuala Lumpur.
  • Media advocates and public figures have condemned the arrest, citing press freedom concerns.

Former Free Malaysia Today (FMT) journalist Rex Tan was arrested at approximately 12.45am on 17 January, 2026, after being summoned to the Dang Wangi district police headquarters in Kuala Lumpur.

The arrest was confirmed by Tan's lawyer, Rajsurian Pillai, who stated that his client was detained under Section 4(1) of the Sedition Act 1948 and Section 505(c) of the Penal Code, as well as Section 233 of the Communications and Multimedia Act 1998.

Rajsurian stated that his client was expected to be released at 5pm on the same day. He added that police had initially sought a four-day remand from magistrate Farah Nabihah Dan, but were granted only a one-day remand. “Police are now taking his statement,” he said.

The detention followed a question Tan posed during a public lecture titled "Gaza Exposes the Complicity of International Actors", which featured British politician George Galloway. The question was widely criticised online for its racial undertones.

In the days following the forum, Free Malaysia Today issued an apology, stating that the question had not been pre-approved and that Tan had acted on his own initiative. The public backlash intensified, with Tan facing online harassment and accusations of racial provocation.

On 11 January, Tan published a public apology on FMT’s portal. He expressed regret over the formulation of his question, acknowledging its insensitivity and lack of relevance to the event. “Most importantly, I severely regret my mention of the Chinese and Malay races, which could and should have been left out entirely,” he wrote.

In the same statement, Tan reaffirmed his support for the Palestinian cause, saying he “fully support[s] the Palestinians’ struggles for self-determination and freedom from Israeli occupation on the Occupied Palestinian Territories.” He also said his remarks had been misinterpreted by some commentators.

Tan clarified that he had not used the term “apartheid” nor drawn comparisons between Palestinians and Chinese Malaysians. He added that former law minister Zaid Ibrahim had, “to a certain degree, misinterpreted my remarks” by suggesting he had likened Israeli policies to how Malays treat Chinese Malaysians.

He urged the public to refrain from sharing or amplifying posts that could perpetuate misunderstandings and inflame tensions, calling for restraint in public discourse surrounding the controversy.

Tan resigned from FMT on 12 January, after attending a town hall session with senior editors. His resignation came a day before his arrest in the early hours of Saturday, 13 January.

Legal and media figures have strongly criticised the arrest. Zaid Ibrahim, former law minister, stated that Tan’s question was “silly” and “insensitive”, but not deserving of criminal prosecution. “He has profusely apologised, and so has FMT. That’s enough,” Zaid told the New Straits Times. “Contrition and a genuine apology should suffice.”

Vice-chair of the Malaysian Media Council, Premesh Chandran, also questioned the necessity of the arrest. “He was prepared to cooperate with the investigation; detention was unnecessary,” he said, adding that the Council condemns the harassment and doxxing of journalists over controversial reporting.

The use of the Sedition Act, a colonial-era law criticised for its broad and vague provisions, has raised renewed concerns about press freedom in Malaysia. Rights groups argue that such measures may have a chilling effect on media practitioners, particularly in cases involving sensitive national discourse.

Legal context and consequences

The charges faced by Tan fall under several Malaysian laws concerning speech, public order, and online communications.

Section 4(1) of the Sedition Act 1948 prohibits any act, speech, or publication with a “seditious tendency”. This includes promoting hostility between different races or challenging matters regarded as sensitive to national harmony and public order. A conviction under this section may result in a term of imprisonment of up to three years, a fine not exceeding RM5,000, or both.

Section 505(c) of the Penal Code criminalises the making or circulation of statements likely to incite one group against another or cause public mischief. If found guilty under this provision, an individual may face imprisonment for up to two years, a fine, or both, depending on the severity of the offence and judicial discretion.

In addition, Section 233 of the Communications and Multimedia Act 1998 addresses the misuse of network facilities or services, including the dissemination of offensive, false, or threatening content via digital platforms. A person convicted under this provision can be fined up to RM50,000, imprisoned for up to one year, or both. Further, the court may impose an additional daily fine of RM1,000 for each day the offence continues after conviction.

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