Sedition Act breather

In a TV3 interview last night, Prime Minister Datuk Seri Mohd Najib Tun Razak said the proposed 'changes' to the Sedition Act 1948 he promised in 2012 was not meant to repeal it totally but to make necessary adjustments to its contents and provisions.

Malaysia, being a multiracial and multi-religious country must have a set of law to avoid unnecessary domestic problems such as communal riot and religious tension as this would spell disaster to its progress and stability.

"Under the old law, we had a clause where nobody was allowed to even criticise the government. But going by the new amendments, the people can now criticise the government or call for the government to be changed during general election.

"However, it must not amount to inciting the people to take to the streets violently...or making unfounded/baseless slander about the government," he said.

And at the Parliament lobby early this morning, Home Minister Datuk Seri Dr Ahmad Zahid Hamidi, in a press conference clarified that the issue of secession depended on the interpretation and definition of the courts.

"Some say the interpretation is wide and will lead to abuse. It is the court that does the interpretation based on the terms and present legislations," he told reporters.
Dr Ahmad Zahid also said he was thankful that the amendments to the Sedition Act went on smoothly.
He added that the amendments were vital for three sensitive issues relating to sedition, namely secession, use of social media and religion.
"It is not true for the Opposition to say that this Act will be used to oppress the voice of dissent against the Government as it is clear that the provisions relating to the criticism to the Government in the principal Act were removed," he said.

The Sedition (Amendment) Bill 2015 was passed by Parliament early Friday, together with several changes to the proposed amendments brought by the Government. It was passed after the voice vote was taken among the MPs.

The Bill finally got the nod from the House at 2.30am after a gruelling 12 hours of debate, despite attempts by Opposition MPs to stop the amendments.


The Opposition had proposed nine changes to the Bill during the committee stage of the debate but failed to get them approved by the House.

However, the Home Ministry’s four changes to the proposed amendments were passed. Among the changes introduced was to preserve the discretion of the Court, whether to grant bail for seditious offences.

This was done via the deletion of Section 5A which states that anyone charged with Sedition shall not be released on bail if there is a "certificate in writing" by the Public Prosecutor stating that it is not in the public interest to grant bail to the person charged.

However, the changes to the Bill retains Section 5B which seeks to empower the Public Prosecutor to apply to prevent an accused, who is released on bail, from leaving Malaysia.
The Bill also stated that the Court can also, upon application from the Public Prosecutor, order the accused to surrender his travel documents.
Other changes include reducing the minimum jail term for seditious offences that cause bodily injury or damage to property from five years to three years.
The new changes also state that the act of importing seditious publication is no longer an offence under the principle Act.
Another change made was the removal of the illustration which was inserted to make clear that the act of "exciting any person of group to demand for the secession of any State from Malaysia."
The part that was removed read "A excites a person or a group of persons to demand for the secession of State B from Malaysia. Such act is seditious."

Apart from the Opposition and their NGOs, there were calls from international organisation for the Act be junked.

However, the government should not fall under such pressure. It is our 'home' that we manage, not theirs. Instead of zooming on Malaysia, they should go back to the US, Australia and other 'big democratic nations' that still steamroll human rights provision they themselves have been shouting about.

KUALA LUMPUR — The United Nations (UN) urged Putrajaya today (April 9) to withdraw the proposed amendments to the Sedition Act 1948 that the global body said would “seriously” undermine freedom of expression.
UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein also expressed concern at the recent passage of the Prevention of Terrorism Bill (Pota) in Parliament that allows for indefinite detention without trial, saying it contains “serious human rights shortcomings” as the authorities are granted sweeping powers without sufficient safeguards against abuses.
“The UN Human Rights Office has long urged Malaysia to either repeal the 1948 Sedition Act or to bring it in line with international human rights standards,” Mr Zeid said in a statement issued from Geneva.

Zeid must be a fact-blinded person to raise 'freedom of expression' issue. Why didn't he say that to Barack Obama and some of the Arab leaders?

And as usual, the Bar Council still wants the Act repeal. Its easy to understand. They and the Opposition might harbor a bad agenda for the country. Their 'human rights' bandwagon could bring down the whole country should Malaysians are allowed to openly batter each other's race, religion and origin.

Their new team under Steven Thiru should sign an oath to be fully responsible should the country is struck by a calamity over their stance. But would they?

Malaysians must support the amendments, which are repressive and bias as claimed by the Opposition. The law is to put the house to order.

We had learned our lesson well from past experience and we should stop its recurrence. Unless people like Thiru, Ambiga, Kit Siang and others are willing to take up another one!