Home Civil Society Voices 2015 Civil Society Voices Sedition Act amendments must be withdrawn

Sedition Act amendments must be withdrawn

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Gabungan Bertindak Malaysia (GBM) calls upon the federal government to withdraw the Amendment Bill to the Sedition Act rather than table it in Dewan Negara.

If the government is adamant in tabling it, all patriotic Malaysians in the Dewan Negara must be present and vote against it.

Standing firm with various civil society groups opposing the bill, GBM condemns the bill in the strongest terms as it severely curbs civil and political liberties of Malaysians, making our nation’s independence hollow.

GBM asks, how do we celebrate and justify our Merdeka if our forefathers had previously enjoyed more civil and political liberties under the British colonial government than we do today as an independent nation?

The Sedition Act was first enacted in 1948 to counter the communist insurgency but was made even harsher with the subsequent 1970 amendments. It would become very draconian if the 2015 amendments come into force.

The 2015 amendments pose a grave threat to the freedom of Malaysians in two main ways.

Firstly, the net is cast much wider:

  • the amendment to Section 10 and the addition of Section 10A impose restrictions on online publication, which may include social media
  • the amendment to Section 3(1)(e) and 3(2)(c)(ii) inserts the word hatred in addition to the words ill will or hostility in the original Act and also an additional reference to religion in addition to the reference to race and class in the original Act.
  • the addition of Section 4(1A) which criminalises seditious publications “[leading] to bodily injury and damage to property”, disregarding whether such acts of violence are carried out by parties who agree or disagree with the opinion expressed in the publication.
READ MORE:  End use of Sedition Act to 'threaten' people, as it deters democratic participation

Secondly, the punishments are made harsher:

  • the amendment to Section 4(1) imposes a compulsory minimum sentence of three years imprisonment upon conviction and removes fine as an alternative punishment, with no consideration for young offenders, first-time offenders or the nature of the offence;
  • the addition of Section 5A compels the judge to allow the prosecution’s application restricting the accused on bail to travel;
  • the deletion of Section 6 which currently provides for reasonable grounds for acquittal of the accused and demands a larger effort by the prosecution to prove their case.

The fundamental flaw of the Sedition Act is that it disregards intention and hence does not differentiate between agitation of violence and provocation of violence. As the accusation of provocation can be easily made, violence may be effectively encouraged by parties who want to blame others for provocation.

A teenager may be jailed for three years for sharing a Facebook posting and or retweeting a tweet if another party who causes bodily injury or property damage and accuses her of provoking.

Instead of promoting social harmony, the Sedition Act risks fostering impunity for violence and encouraging the “politics of amok”.

GBM sees the hasty passing of the amendment to Sedition Act in the wee hours of 2.30am on 10 April as an irresponsible act of arrogance and tyranny by the Executive.

GBM condemns in the strongest words the 108 parliamentarians who could not wait to destroy our constitutional freedom, censures the 35 absentee parliamentarians who could not be bothered to be present to vote against the bill and highly commends the 79 real patriots who stood firm in defending the meaning of our independence.

READ MORE:  Sedition Act: Not lovin' it

This statement is endorsed by the following member organisations of GBM:

  1. The Kuala Lumpur and Selangor Chinese Assembly Hall (KLSCAH)
  2. Saya Anak Bangsa Malaysia (SABM)
  3. Persatuan Aliran Kesedaran Negara (Aliran)
  4. Tamil Foundation Malaysia (TF)
  5. Majlis Perundingan Malaysian Agama Buddha, Kritisian , Hindu, Sikh dan Tao (MCCBCHST)
  6. Persatuan Bekas Siswazah Universiti dan Kolej di China, Malaysia (LiuHua)
  7. National Indian Rights Action Team (Niat)
  8. Persatuan Masyarakat Selangor dan Wilayah Persekutuan (Permas)
  9. United Chinese School alumni AssocNs of Malaysia (UCSAAM)
  10. Islamic Renaissance Front (IRF)
  11. Japan Graduates Association,Malaysia (Jagam)
  12. Muslim Professionals Forum (MPF)
  13. Kumpulan Aktivis Mahasiswa Independen (Kami)
  14. Anak Muda Sarawak (AMS)
  15. LLG Cultural Development Centre (LLG)
The views expressed in Aliran's media statements and the NGO statements we have endorsed reflect Aliran's official stand. Views and opinions expressed in other pieces published here do not necessarily reflect Aliran's official position.

AGENDA RAKYAT - Lima perkara utama
  1. Tegakkan maruah serta kualiti kehidupan rakyat
  2. Galakkan pembangunan saksama, lestari serta tangani krisis alam sekitar
  3. Raikan kerencaman dan keterangkuman
  4. Selamatkan demokrasi dan angkatkan keluhuran undang-undang
  5. Lawan rasuah dan kronisme
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