KUALA LUMPUR (Politics Now!) - Usage of Sedition Act To ‘Threaten’, Investigate Or Charge People Must End As It can DETER Public Participation Crucial For A Democracy - Repeal Sedition Act 1948.
960 cases where persons were investigated using Sedition Act in the last 13 years and only 19 charged, and the rest could still be charged anytime in the future.
The fact that only 19 of the 960 cases investigated under the Sedition Act 1948 (Act 15) between 2010 and September 2023 were charged in court, as disclosed by the Deputy Home Minister Datuk Seri Shamsul Anuar Nasarah on 14/11/2023, does in no way justify the continued existence of this draconian law that criminalizes ‘seditious tendencies’ that amongst others, creates disaffection with the government of the day or excite disaffection against the administration of justice.
It is an Act that is totally unacceptable in any democracy. Are people meant to simply praise
government or be silent, and not be able to say otherwise or anything which may result in a loss of
support for Prime Minister Anwar Ibrahim’s Pakatan Harapan-led coalition government? Then, it
would be no longer a true democracy but an authoritarian state that wants people to not participate
in building a better and more just Malaysia.
Sedition Act Can Suppress Truth, And Is Not Bothered About Intention
What was your intention when you said or did that caused a ‘seditious tendency’ is irrelevant for
offences under Sedition Act. Section 3(3) says, ‘ (3) For the purpose of proving the commission of
any offence against this Act the intention of the person charged… 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.’ Truth or reasonable suspicion is generally not a defence.
For any crime, there must be certainty of what exactly constitutes the elements of the crime, and
what was the intention of the criminal when he did what he did that constituted the crime.
A crime should never be VAGUE – and neither should it criminalize difference in opinions,
‘reasonable suspicions’, or the highlighting of wrongs in government or even the administration of
justice.
Now, anyone expressed unhappiness with the Public Prosecutor’s decision to suddenly stop the
criminal trial of Zahid Hamidi may also be at risk of being investigated or charged under Sedition Act.
This yet another reason why the British Colonial government created law in 1948, before
independence must be repealed.
960 Cases – Only 19 Charged Raises The Possibility of ABUSE including also to eliminate Dissent
The Deputy Minister talks about ‘960 cases’, which means maybe the number of persons
investigated may be much higher. How many of these were arrested and detained during the
investigations? How many were tortured or threatened? How many persons income generation
ability was affected? Even the calling in to be investigated under Sedition Act is a mental torture.
In 2016, for the tabling of now a Bar Resolution which was adopted by an overwhelming majority entitled ‘Resolution on the Attorney General, Public Prosecutor and Improvement of Public Perspective of Administration of Justice in Malaysia’, the 3 lawyers who moved the Resolution, being Charles Hector, Francis Pereira and Shanmugam a/l Ramasamy and the then Bar Secretary Karen Cheah(now Bar President) were called in for investigation under the Sedition Act.
The Resolution, amongst others, raised issues concerning the Attorney General/Public Prosecutor actions in the 1MDB/SRC – demanding an independent Public Prosecutor and needed reforms.
The lawyers investigated remained strong and came out after investigation, and also was reported
saying “We are still committed in upholding the cause of justice…. We have the right to seek change
so that our country can become better…This is not just the obligations of lawyers, but the duty of
each and every one in Malaysia,’(FMT, 31/3/2023).
Investigated – Could Still Be Charged? Sword of Damocles That Undermines Human Rights
Remember, that at any time, the government has the power to charge anyone from those 960 cases
investigated for crimes against Sedition Act, and as such for those still not charged, It is akin to
having a sword of Damocles hanging over you/your head, for they can still be charged anytime in the
future. you.
There is no limitation for crime, and so anytime one can be charged. No one tells us that the
investigation revealed that we were innocent or that we will never be charged in the future, unlike
an Acquittal by court, which means that thereafter one shall ‘…not be liable to be tried again for the
same offence nor on the same facts for any other offence for which a different charge…’ (Sec.
3012(1) Criminal Procedure Code)
As such, the use of the draconian Sedition Act even for purposes of investigation may be an abuse of
powers of the State to, maybe, keep silent critics and those with a different view from the
government of the day.
To remedy this defect in a democratic society, the Sedition Act must be repealed, and pending
repeal should be not be used anymore.
Is PH-led government no different from the pre GE14 BN regime?
Prime Minister Anwar Ibrahim and this Pakatan-led Coalition government, who earlier promised
reforms and even the abolition of the Sedition Act if they came into power should no longer delay,
but immediately repeal the Sedition Act, and impose a moratorium on the use of this draconian Act
pending abolition.
After GE14, Pakatan Harapan’s ‘excuse’ was before they could repeal bad laws as promised, they
were ousted early from government because of the ‘Sheraton Move’. What then will the excuse of
PH now that they have a second chance to govern?
MADPET (Malaysians Against Death Penalty and Torture) urges Prime Minister Anwar Ibrahim
and/or the Malaysian government to immediately ‘walk the talk’ about reforms as the people
expected, and forthwith repeal Sedition Act 1948.
MADPET also reiterates its call for the repeal of draconian Section 233 of the Communications and
Multimedia Act 1998 and all other draconian legislations. Like the Sedition Act, Section 233 is vague
and easily abused, and in Malaysia, it has been seen to be used together with the Sedition Act on
internet users, maybe to prevent alternative views, freedom of expression and even sharing
information/views of another with friends over the internet.
It is hoped that the desire to remain in power does not lead to actions/omissions designed to
suppress the democratic rights of the people of Malaysia.
Bad unjust laws must be repealed, and not simply maintained since now one is power, so that it
could be, if needed, used or abused against political opponents and ordinary people who do not
agree with or support government actions or views. - Written by Charles Hector (For and on behalf of MADPET (Malaysians Against Death Penalty and Torture)
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