Malaysians Against Death Penalty and Torture (Madpet) is appalled and disappointed that the Malaysian government has now stated that the Sedition Act will not be repealed.
The Sedition Act is here to stay, says Datuk Seri Shamsul Anuar Nasarah. This, the Deputy Home Minister, said is to preserve public order and security. – The Star, 14 November 2024
The government has no plans to amend or repeal the Sedition Act 1948. – New Straits Times, 14 November 2024
The Sedition Act is a draconian legislation, introduced by the British colonial government, that criminalises seditious tendencies even if the alleged perpetrator had no intention whatsoever to commit the crime of sedition. It was used by the British to prevent or suppress dissent and freedom of speech and expression that were different from or opposed to government views and actions.
It is a law that criminalises words and actions that have a tendency to bring into hatred or contempt or to excite disaffection against the government. This is certainly inconsistent with a democracy. It is a law for dictators and authoritarian governments.
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In a true democracy, the active participation of the people is fundamental, including the right to hold and express opposition to government views and actions.
We do not want a Malaysia where the people fearfully and blindly accept and praise all actions and views of the state, while withholding any or all opposing views, some of which may be better for Malaysia.
In any democracy, the people should be free to highlight wrongdoings, any bad government proposals or plans, and opinions that may cause disaffection towards the government of the day. This freedom is a duty of all caring members of the population.
“The excitement of disaffection against the Government shouldn’t be criminalised. If it is, a lot of people, including in this House, will be considered criminal,” said Mr Shanmugam [Home Affairs and Law Minister K Shanmugam], when Singapore repealed the Sedition Act. – The Straits Times, 5 October 2021
Sedition (Amendment) Act 2015 decriminalises criticism of government and administration of justice
In Malaysia, the Sedition (Amendment) Act 2015 was passed by Parliament, and received royal assent on 28 May 2015. But, unfortunately, until today, it has not yet been put into force even by Prime Minister Anwar Ibrahim’s Pakatan Harapan-led “unity government”.
This amending act, in Section 3(a)(i) decriminalised actions that had a seditious tendency to bring into hatred or contempt or to excite disaffection towards any government – hence allowing criticisms of the government, but not “any Ruler”.
This is consistent with Prime Minister Anwar’s position:
“I do not agree that the Sedition Act should be used against those who criticise the prime minister and the government, but we will not tolerate anyone who tries to incite or slander to the point of touching on the 3R issues (rulers, race, religion).. – Malaysia Now, 4 September 2023
Hence, it would have been reasonable that the amendment act be put into force, if not all, at least Section 3(a)(i). Acts of Parliament can be put into force in stages.
The Sedition (Amendment) Act 2015, through Section 3(a)(ii) deletes paragraph (c):
(c) to bring into hatred or contempt or to excite disaffection against the administration of justice in Malaysia or in any State;…
This means free speech and opinions about all matters concerning the administration of justice – which will include disappointment over the prosecution or non-prosecution of cases, actions to discontinue criminal cases, court decisions – would be possible.
Again, this provision will not affect the issues related to the “three Rs”.
Therefore, Madpet calls on the minister and the government to put into force now Section 3(a)(i) and (ii) of the Sedition (Amendment) Act 2015.
Despite, the public stance that the Sedition Act will be used only for three-R issues, there is concern that it is also still being used against those who criticise the government.
Two recent examples, as covered by the media, of where it may not be about three-R issues are as follows:
When lawyer Rafique Rashid allegedly criticised Anwar for not keeping his election promises. He was summoned by Dang Wangi Police over a speech he had given at an opposition rally in Perak in July under the Sedition Act.
…lawyer Muhammad Rafique Rashid Ali said he was earlier questioned under the Sedition Act 1948 for the content of his speech delivered during a June anti-government rally held outside the prime minister’s official residence in Putrajaya. – Malaysiakini, 22 July 2024
When Sabahan activist Mukmin Nantang was released on police bail after being briefly arrested under the Sedition Act.
“An Inspector Roslan told me he was being ordered to arrest me under the Sedition Act, allegedly for a TikTok video on the Bajau Laut incident,” he [Mukmin] told Malay Mail… – Malay Mail, 27 June 2024
It was allegedly a video showing the destruction of Bajau Laut homes by authorities, his lawyer Nurul Rafeeqa said.
Anwar and PH U-turn on Sedition Act – Anwar’s weak leadership?
Putrajaya’s U-turn on its 2012 pledge to repeal the Sedition Act 1948 will see Malaysians dragged back to the “days of the ISA”, …
He [Datuk Seri Anwar Ibrahim] called the move a “regressive” one, and accused Najib of bowing to pressures from right-wing elements in ruling party Umno. “This is his failure as a leader, as PM and as president of Umno. “His weak leadership has resulted in him caving in to demands of the right-wingers of his own party,” Anwar told Malay Malay Online when contacted. “This is a flip-flop, Najib reneged on his earlier promise.” – Malay Mail, 27 November 2014
Today, considering Pakatan Harapan’s and Anwar Ibrahim’s own U-Turn on the abolition of the Sedition Act, his previous criticism of then Prime Minister Najib Razak could now be said to apply to Anwar himself and the current PH-led government.
Increased use of Sedition Act
The fact the Sedition Act is being used to arrest and investigate people including human rights defenders causes fear. It deters not only the freedom of expression but also the highlighting of government wrongs.
In 2023, it was reported:
Authorities invoked the Sedition Act 28 times in 2023 versus 17 in the previous year, the Suara Rakyat Malaysia (Suaram) group said in its 2024 Human Rights report launched today.
“Suaram’s media monitoring of Sedition Act 1948 cases documented a spike by close to 65 per cent between 2022 and 2023, with corresponding increases in the number of investigations, arrests and charges conducted,” it said in its report…
Suaram further said under half of the cases in 2023 were related to insults against the Royalty, contradicting the government’s justification for retaining the colonial era law. – Malay Mail, 27 March 2024
In 2024, the trend continues, and it is still used against people even when, on the face of it, it does not concern the three-R issues.
When it comes to the royalty, there is a need to seriously restrict it and to not include it in matters of business and other personal matters, including crimes.
The calls for the repeal of the Sedition Act have been previously made by the human rights commission Suhakam, the Malaysian Bar, human rights groups and many others, including good the peoples’ representatives.
Madpet reiterates its call for the repeal of the Sedition Act, and for the government to impose a moratorium on the usage of this act pending abolition. There are sufficient other laws to deal with the three-R issues.
Until a moratorium or repeal, law enforcement will continue using the draconian Act. Blame rightly will fall on PM Anwar and the current government.
Madpet notes that the amendment, through the Sedition (Amendment) Act 2015, already makes criticism of the government and the administration of justice no more an offence under the Sedition Act. So, all that is needed is for the minister to put into force this 2015 Act, especially Section 3(a)(i) and (ii). This can be done immediately by the minister.
Madpet reiterates the call for the repeal of all draconian laws including laws that allow detention without trial, Sosma and Section 233 and other draconian provisions of the Communications and Multimedia Act 1998.
Madpet reiterates the call for respect for true democracy, including the freedom of speech, expression and opinion, freedom of the press and human rights. – Madpet
Charles Hector issued this statement on behalf of Malaysians Against Death Penalty and Torture.
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