Colonial-era sedition law has no place in modern Malaysia

We, the members of G25, are relieved to note that journalist Rex Tan was released from police detention after his arrest on 17 January at 12:45, which followed a question he posed at a public lecture in Kuala Lumpur on 12 January 2026.

Tan was arrested under Section 4(1) of the Sedition Act, Section 505 (c) of the Penal Code, and Section 233 of the Communications and Multimedia Act, and remanded for one day for allegedly uttering seditious words.

The manner of his arrest and detention left us, together with human rights and media advocacy groups, disturbed.

We, G25, acknowledge that freedom of expression is not absolute in our country and must therefore be exercised responsibly. However, enforcement must be proportionate and consistent with constitutional principles.

In this case, the arrest and overnight detention of a journalist for his comment at a public event, where there was no incitement to violence and where an apology was subsequently made by him as well as his resignation, went beyond what was necessary.

Such actions risk leaving an unfavourable impression not just domestically, but internationally as well, regarding Malaysia’s commitment to freedom of the press and democratic norms – an outcome that does not serve the country’s long-term interests.

While we recognise that matters touching on race, religion and international conflict are sensitive issues, and that the authorities have a responsibility to preserve public order and social harmony, freedom of speech and expression is a fundamental human right protected under Article 10 of our Federal Constitution. This includes the freedom to ask questions and to engage critically in public forums.

Freedom of speech and expression is a cornerstone of a democratic society. Journalists, academicians and members of the public must be able to participate in public discourse without undue fear of criminal sanction, even in cases where the views expressed may be contentious, poorly framed or controversial.

G25 has consistently maintained that the continued use of the Sedition Act and other colonial-era criminal provisions to regulate speech are incompatible with Malaysia’s constitutional guarantees and democratic aspirations.

We therefore, once again, call for the abolition of the Sedition Act. It is an archaic law that was passed in 1948 during the colonial era for the purpose of curbing opposition to colonial rule and has therefore now outlived its purpose.

We agree that the preservation of public order is a legitimate objective. However, the Sedition Act should be replaced by a law which promotes national harmony and democratic ideals instead.

What we need is a specific law against the incitement of racial, gender and religious hatred.

In line with the “Madani” (trustworthy) government’s commitment to institutional reform and constitutional governance, G25 reiterates its longstanding position that matters of speech and expression, including those involving journalists, should as far as possible be addressed through non-criminal and proportionate mechanisms, and that meaningful reforms of outdated speech laws are necessary to safeguard our fundamental liberties and to meet the rising expectations of a new generation.

In addition, respect for these freedoms strengthens Malaysia’s standing as a progressive Muslim-majority country and reinforces our credibility on the global stage.

Governments must move beyond old habits of intolerance towards differing views, in keeping with public expectations of openness and democratic maturity.

A mature democracy is one that can manage disagreement, criticism and even misguided speech with restraint and reasoned judgment.

The appropriate response to objectionable speech is often clarification, dialogue and accountability through lawful and proportionate means, rather than immediately resorting to the strong arm of law enforcement.

G25 therefore calls on the government to ensure that actions taken in the name of public order are carefully balanced against the need to protect constitutional freedoms, and to continue advancing legal and institutional reforms consistent with the spirit and objectives of the Madani framework.

Upholding freedom of speech and expression, while maintaining social cohesion, is essential to building a just, harmonious and progressive Malaysia.

It also strengthens international confidence, attracting tourists and investors, supports sustainable economic growth, and allows Malaysia to set a positive example for the Muslim world in an era of science, technology and global engagement. – G25

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