WHY THE SEDITION ACT MUST BE REPEALED?

WHY THE SEDITION ACT MUST BE REPEALED?

- Because it is a draconian legislation

- It violates one's right and freedom of expression and opinion - people should be free to raise disaffection against the Government, the administration of justice (i.e. the police, the prosecutor, the courts, ... ), etc - any criticism and disclosure of wrongdoings, etc can be said to be an offence under this Act.

- Worse, even if the facts disclosed is the TRUTH, under this Act it is not a defence - for the only concern is whether there is a 'seditious' tendency. Whether it is true or not is irrelevant. [In Defamation, truth is a defence....]

- Where there was any INTENTION to be seditious is immaterial.

In a democracy, all persons should have the right and freedom of expression and opinion, and this includes questioning, discussing, expressing an opinion on all matters including the Federal Constitution (and that means all its provisions).

The inability to discuss, express an alternative position/viewpoint, etc... is undemocratic. Remember people change - their views and opinions change over time and let us not forget that the Federal Constitution is not an infallible document, and should always be open to amendments and changes. Respect the Federal Constitution does not mean we cannot criticize it - i.e. constructively criticize it. 

3  Seditious tendency.[SEDITION ACT 1948 (REVISED 1969)]

(1) A "seditious tendency" is a tendency -

(a) to bring into hatred or contempt or to excite disaffection against any Ruler or against any Government;
(b) to excite the subjects of any Ruler or the inhabitants of any territory governed by any Government to attempt to procure in the territory of the Ruler or governed by the Government, the alteration, otherwise than by lawful means, of any matter as by law established;
(c) to bring into hatred or contempt or to excite disaffection against the administration of justice in Malaysia or in any State;
(d) to raise discontent or disaffection amongst the subjects of the Yang di-Pertuan Agong or of the Ruler of any State or amongst the inhabitants of Malaysia or of any State;
(e) to promote feelings of ill-will and hostility between different races or classes of the population of Malaysia; or
(f) to question any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of Part III of the Federal Constitution or Article 152, 153 or 181 of the Federal Constitution.

(2) Notwithstanding anything in subsection (1) an act, speech, words, publication or other thing shall not be deemed to be seditious by reason only that it has a tendency-

(a) to show that any Ruler has been misled or mistaken in any of his measures;
(b) to point out errors or defects in any Government or constitution as by law established (except in respect of any matter, right, status, position, privilege, sovereignty or prerogative referred to in subsection (1)(f) otherwise than in relation to the implementation of any provision relating thereto) or in legislation or in the administration of justice with a view to the remedying of the errors or defects;
(c) except in respect of any matter, right, status, position, privilege, sovereignty or prerogative referred to in subsection (1)(f) -

(i) to persuade the subjects of any Ruler or the inhabitants of any territory governed by any Government to attempt to procure by lawful means the alteration of any matter in the territory of such Government as by law established; or
(ii) to point out, with a view to their removal, any matters producing or having a tendency to produce feelings of illwill and enmity between different races or classes of the population of the Federation,

if the act, speech, words, publication or other thing has not otherwise in fact a seditious tendency.

(3) For the purpose of proving the commission of any offence against this Act the intention of the person charged at the time he did or attempted to do or made any preparation to do or conspired with any person to do any act or uttered any seditious words or printed, published, sold, offered for sale, distributed, reproduced or imported any publication or did any other thing shall be deemed to be irrelevant if in fact the act had, or would, if done, have had, or the words, publication or thing had a seditious tendency.

In our Penal Code itself, there are sufficient criminal offences listed. We do not need the Sedition Act anymore. 

Some of the Penal Code offences that can be used...
 298  Uttering words, etc. with deliberate intent to wound the religious feelings of any person.
 298A  Causing etc, disharmony, disunity, or feelings or enmity, hatred or ill-will, or prejudicing, etc., the maintenance of harmony or unity, on grounds of religion.
 499  Defamation
 503  Criminal intimidation.
 504  Intentional insult with intent to provoke a breach of the peace.
 505  Statements conducing to the public mischief.

 "I think the Sedition Act need not be abolished. Otherwise, what is there left?“If we abolish, all these (sedition) would be legitimised. Be it slander, accusations, condemnation, they would be encouraged. I think this is not what democracy requires,” he[Home Minister Ahmad Zahid Hamidi ] told a press conference at the Utusan Malaysia headquarters in Kuala Lumpur this morning. - Malaysiakini, 6/7/2013, Zahid nay to ending Sedition Act, says law still needed

Mr Minister, you are wrong. We abolished two out of the three Detention Without Trial Laws because Malaysians do not want innocent persons, i.e persons that have not been found guilty by a court of law to be detained at the whims and fancies of the government of the day. There is still one Detention Without Trial Law that has yet to be repealed, i.e.  DANGEROUS DRUGS (SPECIAL PREVENTIVE MEASURES) ACT 1985, which allows the same kind of excessive power easily abused by the government to lock people away without trial.REPEAL IT NOW.

As mentioned earlier, the SEDITION ACT must be repealed, and even now there are criminal offences in Malaysia's Penal Code sufficient to meet all the concerns of the good Minister. 

Malaysia is a democracy - thus Sedition Act must be repealed...