THE SEDITION ACT AMENDMENTS 2015 Prime Minister Najib Razak had originally undertaken to abolish the Sedition Act and set in motion a process under the National Unity Consultative Council to replace it with a National Unity Bill that, at least in its draft form, did away with most of the problematic provisions of the Sedition Act. However, this policy was subsequently reversed and a decision made to preserve and strengthen the Sedition Act. In April 2015, an amendment to the Sedition Act was tabled and rushed through Parliament with less than a day of debate. The amendment clearly reacts to current forms of dissent, particularly critical postings on social media such as Twitter and Facebook. Despite removing criticism of government and judiciary from the definition of sedition, the amendment added religion to the list, which already included the rulers, race, secession, special rights of Bumiputera, and the status of the national language. This means that wide areas of government policy and the substance of judicial decisions pertaining to the above matters, if criticized, can give rise to sedition charges. Government policy affecting issues of race, religion, and secession have attracted much controversy and debate from members of the public, including, but not limited to, politicians and activists. The amendment also set higher penalties, with judges required to impose a sentence of imprisonment. Previously, judges had discretion, in the case of a first offence, to impose a sentence of up to three years' imprisonment and/or a fine, and in the case of a subsequent offence, a sentence of up to five years. Under the law as amended, judges do not have discretion to impose a fine for a first offence, or to impose a sentence below three years; they are required to impose a prison sentence of between three and seven years. The amendment brings electronic media and sharing on social media under the Sedition Act. This reflects the high number of social media users falling foul of the police over their activities on Twitter and Facebook and the government’s relative lack of control over these media. Furthermore, the amendment gives the government power to prohibit publications and to prevent any person making or circulating such a publication from accessing any electronic device. The UN High Commissioner for Human Rights, Zeid Ra’ad Al Hussein, warned at the time the amendment was passed that the new provisions would seriously undermine freedom of expression and opinion in Malaysia. Despite being passed through Parliament in April 2015 the amendment still has not entered into force as of January 2016. Thus the existing Sedition Act is still being used. The amendment clearly reacts to current forms of dissent, particularly critical postings on social media such as Twitter and Facebook. 12 Critical Crackdown: Freedom of Expression Under Attack in Malaysia