Media Statement – 3/12/2024
Malaysia’s decision not to repeal Sedition Act UNACCEPTABLE – Moratorium on Use of Sedition Act Pending Appeal
Put in Force Section 3(a)(i) and (ii) Sedition (Amendment) Act 2015, that already received the King’s Assent on 28/5/2015, which is consistent with present government position.
We are appalled and disappointed that the Malaysian government has now stated that the Sedition Act will not be repealed.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.’ (Star 14/11/2024). The government has no plans to amend or repeal the Sedition Act 1948.(NST 14/11/2024)
The Sedition Act is a draconian legislation, introduced by the British colonial government, that criminalizes seditious tendencies irrespective that the alleged perpetrator had no intention whatsoever to commit the crime of Sedition. It was used by the British to prevent or suppress dissent, freedom of speech and expression that were different and/or opposed government’s views and actions.
It is law that criminalizes words and actions that have a TENDENCY to bring into hatred or contempt or to excite disaffection against Government that is certainly inconsistent with DEMOCRACY. It is a law for dictators and authoritarian governments.
In a true democracy, active participation of the citizenry 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, withholding any or all opposing views, some of which may be possibly be better for Malaysia.
In any democracy, people should be FREE to highlight wrongdoings, bad proposals/plans of the government, and opinions that may cause disaffection of 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House, will be considered criminal," said Mr Shanmugam {Home Affairs and Law Minister K. Shanmugam), when Singapore repealed the Sedition Act.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, 5/10/2021)
Sedition (Amendment) Act 2015 decriminalize criticism of government and the administration of justice
In Malaysia, the Sedition (Amendment) Act 2015 was passed by Parliament, and received Royal Assent on 28/5/2015, but UNFORTUNATELY till today, it has not been put into force even by Prime Minister Anwar Ibrahim’s Pakatan Harapan led Unity Government.
This Amending Act, in Section 3(a)(i) decriminalized actions that had a seditious tendency to bring into hatred or contempt or to excite disaffection any Government – hence allowing criticisms against the government, but not ‘any Ruler’.
This is consistent with the position of Prime Minister Anwar Ibrahim - "I do not agree that the Sedition Act should be used against those who criticize 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, 4/9/2023).
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.
Sedition (Amendment) Act 2015, vide 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 with prosecution or non-prosecution of cases, actions of discontinuance of criminal cases, court decisions, etc. would be possible. Again, this provision will not affect the said 3R issues.
Therefore, MADPET (Malaysians Against Death Penalty and Torture) calls on the Minister and the government of Malaysia to put into force NOW Section 3(a)(i) and (ii) of the Sedition (Amendment) Act 2015.
Despite, the public stance that Sedition Act will be used only for 3R issues, there is concern that it is also still being used against those who criticize the government of the day. 2 recent examples, as covered by the media, where it may not be about 3R issues are as follows:-
a) When lawyer, Rafique Rashid, who allegedly criticized Anwar Ibrahim for not keeping his election promises was summoned by Dang Wangi police over a speech he gave 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,22/7/2024) and
b) 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 when contacted.(Malay Mail, 27/6/2024) 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 the 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, 27/11/2014)
Today, considering Pakatan Harapan’s and Anwar Ibrahim’s own U-Turn on the abolition of the Sedition Act, his then criticism against then PM Najib now could be said to apply to Anwar himself and the current Pakatan Harapan led-government.
Increased usage of the Sedition Act
The fact the Sedition Act is being used to arrest and/or investigate people including Human Rights Defenders causes fear, and deters not only the freedom of expression but also the highlighting of wrongs by the government.
In 2023, it was reported that, ‘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. (Malay Mail, 27/3/2024) “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.
In 2024, the trend continues, and it is still used against people even on the face of it does not concern the said 3R issues. When it comes to the Royalty, there is a need to seriously restrict it, and 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 SUHAKAM(Malaysian Human Rights Commission), Malaysian Bar, Human Rights Defender Groups and many others, including good peoples’ representatives.
MADPET again reiterates 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 said 3R issues. Until a moratorium or repeal, law enforcement will continue using the draconian Act, and blame rightly will be on PM Anwar Ibrahim and the current government.
MADPET notes that the amendment, vide Sedition (Amendment) Act 2015, already makes the criticism of government and the administration of justice no more an offence under the Sedition Act, and 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 Detention Without Trial Laws, SOSMA and Section 233 and other draconian provisions of the Communications and Multimedia Act 1998; and
MADPET reiterates the call for the respect of true democracy, including the freedoms of speech, expression and opinion, freedom of the press and human rights.
Charles Hector
For and on behalf of MADPET (Malaysians Against Death Penalty and Torture)
NOTES:- Reproduction of relevant Sections(0r part of..)
SEDITION ACT - Section 3 (as is NOW)
3 Seditious tendency
(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....
3 Amendment of section 3 [SEDITION (AMENDMENT) ACT 2015]
Section 3 of the principal Act is amended—
(a) in subsection (1)—
(i) in paragraph (a), by deleting the words “or against any Government”;
(ii) by deleting paragraph (c);
(iii) in paragraph (e)—
(A) by substituting for the words “and hostility” the words “, hostility or hatred”; and
(B) by deleting the word “or” at the end of the paragraph; and
(iv) by inserting after paragraph (e) the following paragraph:
“(ea) to promote feelings of ill will, hostility or hatred between persons or groups of persons on the ground of religion; or”;
(b) in subsection (2)—
(i) in paragraph (b), by deleting the words “or in the administration of justice”; and
(ii) by substituting for subparagraph (c)(ii) the following subparagraph:
“(ii) to point out, with a view to their removal, any matters producing or having a tendency to produce feelings of ill will, hostility or hatred—
(A) between different races or classes of the population of Malaysia; or
(B) between persons or groups of persons on the ground of religion,”; and
(c) by substituting for subsection (3) the following subsection:
“(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 or caused to be published, sold, offered for sale, distributed, reproduced or propagated 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.”.
The Najib Abdul Razak administration amended the Sedition Act in 2015 to make it not an offence to criticise the government.
However, almost a decade later, the amendments are still not in force, as Home Minister Saifuddin Nasution Ismail indicated in a written parliamentary reply.
The 2015 amendments struck out the words "or any government" from Section 3(1)(a) which states "to bring into hatred or contempt or to excite disaffection against any ruler or against any government" as a seditious tendency punishable under the law.
It also removed Section 3(1)(c) "to bring into hatred or contempt or to excite disaffection against the administration of justice in Malaysia or in any state" in its entirety, among other changes.
However, Saifuddin, in a written reply dated Monday, Oct 28, listed both the un-amended Section 3(1)(a) and 3(1)(c) as punishable seditious tendencies under the Sedition Act.
READ MORE: KINIGUIDE | A refresher on the controversial Sedition Act
Checks with the government's Laws of Malaysia portal confirmed that the 2015 amendments, though gazetted, are still not in force.
Pakatan Harapan had pledged to review and repeal laws like the Sedition Act, but has not moved towards that goal now that it is in government.
Saifuddin has said that the government plans to amend the Sedition Act, but has not provided any updates.
Saifuddin had listed the seditious tendencies offences while explaining to Siti Mastura Muhammad (PN-Kepala Batas) how police are guided by the Sedition Act, Penal Code and Communications and Multimedia Act (CMA) in pursuing 3R (race, royalty, religion) cases.
On the Penal Code, the minister said among the sections referred to are 298 (causing religious offence), 298A (using religion to disrupt public harmony), and 505(c) (statements inciting against any group or race).
As for the CMA, he said Sections 211 and 233 are used to regulate hateful 3R posting.
From 2022 to Sept 30 this year, police investigated 506 3R cases, of which 42 were brought to court. - Malaysiakini, 29/10/2024
Malaysia questions Bajau Laut activist under sedition law, raising concerns under PM Anwar
- Mukmin
Nantang was detained as part of a probe into the release of videos
showing the destruction of Bajau Laut homes by authorities
A Malaysian activist who has campaigned for the rights of a seafaring minority group was questioned by police under sedition laws on Thursday, a move that has exacerbated worries about backsliding on democratic freedoms under Prime Minister Anwar Ibrahim.
Mukmin Nantang, the founder of social advocacy group Borneo Komrad, was briefly detained by police as part of an investigation into the release of videos showing the destruction of Bajau Laut homes by authorities, his lawyer Nurul Rafeeqa said.
It was not clear if Mukmin will be charged, she added....SCMP, 27/6/2024
Lawyer who called PM 'scammer' becomes latest target of sedition probe
Rafique Rashid joins a list of critics being investigated under the draconian law that Anwar Ibrahim had promised to repel.
A lawyer who criticised Anwar Ibrahim for not keeping his election promises is ironically himself the target of the Sedition Act, a draconian law that the prime minister's coalition promised to abolish if it came to power.
Rafique Rashid was summoned by Dang Wangi police over a speech he gave at an opposition rally in Perak in July, but said he would not be silenced by the latest investigation.
The police action to question Rafique was immediately condemned by fellow lawyers who labelled it a "supreme betrayal" of the Pakatan Harapan coalition.
"It seems that now no one can criticise the Prime Minister. This is governance ala North Korea," said lawyer Zaid Malek, director of rights groups Lawyers for Liberty (LFL).
"This same draconian act was once repeatedly condemned by the Prime Minister and other leading members of PH, many of whom are now in cabinet. They all vowed to repeal it once they are in power."
Aside from the Sedition Act, Rafique is also being investigated under the Communications and Multimedia Act, a law often used to silence government critics online.
He was questioned in July under the same laws following his speech in which he mocked Anwar as a "scammer" for not implementing the reforms he had promised if he came to power.
Meanwhile, Rafique, who has represented high-profile cases and clients such as Dr Mahathir Mohamad, urged journalists not to be dissuaded from reporting fairly.
"Don't ever succumb to pressure from any side, be it chief editors, editors or the ministry.
"I have always told the public that any pressure from the government against freedom of expression is the beginning of a dictatorial regime," he said.
Anwar has often denied that the Sedition Act was used against his critics, instead said it was maintained to go after those who criticise the royal institution.
When asked about the increasing number of sedition investigations against his political opponents, Anwar recently told US-based journalist Mehdi Hasan that they were targeted due to remarks against the Malay rulers.
"The sedition (probes) involve the sultans and rulers in this country. The constitution provides protection as they are not in politics and they are not supposed to respond. So you see, you can criticise the prime minister. They have called the PM anti-Christ, Jewish agent, American agent, Chinese agent, all sorts of names. They have not been charged or investigated," said Anwar.
In its statement today, LFL said the continued use of the Sedition Act against political opponents and critics showed that the government had "slipped comfortably into authoritarianism".
"It makes mockery of democracy to criminalise criticism of the government.
"We note that increasingly, criticism directed to the Anwar himself triggers sedition or CMA 1998 probes. Where is the great democrat and reformist we were promised?" it asked.
LFL said the government cannot claim that it respects freedom of expression as long as it upholds the Sedition Act.
"Simply declaring that the government allows criticism against it is
meaningless if the rakyat lives in perpetual fear of being slapped with a
sedition charge for doing so." -Malaysia Now, 1/11/2024
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