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
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