Sedition Act: What The People Want

by | Dec 1, 2014 | Politics

In 2012, our Prime Minister openly vowed that the Sedition Act 1948 would be repealed and be replaced by a National Harmony Act. In London last year, he renewed his pledge to abrogate the Sedition Act

To the surprise of many (including MIC’s deputy chief), Datuk Seri Najib Razak decided that it mattered more to please his fellow party members and regain their support, than to be a man of his word and honor his promise.

In UMNO’s recently concluded annual general meeting, Datuk Seri Najib announced that the Sedition Act 1948 is here to stay and will receive further strengthening (as if the Act is not oppressive enough at the moment)

We now know that maintaining the Sedition Act is what UMNO, its members and several other BN component parties want. But more importantly, is it what the electorate wants? The only reason the Government is in power is because of the mandate given by the people. Never forget that political sovereignity lies with the electorate!

So how do we know what the people want? One of the more effective ways would be by engaging in some form of direct democracy. It is not something new and has proven to be a good barometer of the public’s opinion

Alex Salmond, former leader of the Scottish National Party (SNP) wanted Scotland to exit the United Kingdom and go solo despite being a part of Great Britain since 1707. As SNP advocates Scottish independence, it is safe to assume that all of Salmond’s party members would have wanted the same for Scotland

The question is, did Alex Salmond and the SNP decide amongst themselves whether to leave the union on behalf of the people of Scotland, just because they were democratically elected? No!

What happened is that Alex Salmond and co got the UK Government, led by Prime Minister David Cameron, to allow Scotland to conduct a referendum regarding its future in the UK (see the 2012 Edinburgh Agreement)

The decision to leave the United Kingdom would have had grave repercussions, thus it was only logical that the people should be consulted. What better way to obtain the public’s views than through a referendum?

The Scottish Parliament then passed the Scottish Independence Referendum Act 2013 and the Scottish Independence Referedum (Franchise) Act 2013 in order for the referendum to take place

The 2014 Scottish Independence Referendum showed the entire world that the majority (55.3%) of people who voted wanted Scotland to remain in the United Kingdom. Why can’t we have a referendum regarding the preservation/repeal of the 1948 Sedition Act?

Some of you may be wondering, “but going independent is not the same as maintaining the Sedition Act!” That’s true to a certain extent. However, once you see the bigger picture, you’ll see that both have the ability to impact the lives of the people

It has been established that it may be seditious to give a legal opinion (see Karpal Singh’s case), or to state the law as it is (see Azmi Sharom’s case), or to ‘like’ a Facebook page of your choice (see case of Form Five student). Still disagree with me?

Furthermore, less than a month ago, the state of Massachusetts conducted a referendum regarding the abolition of the Massachusetts 2011 casino gambling law. The result: 60% of voters agreed to preserve the statute, and the legislation remains valid till today. If a state in the United States can do so, why can’t we learn from their example?

After all, some who voted for Barisan Nasional may be against the Sedition Act because of its possible misuse due the absence of requisite to prove the accused’s intention (contrary to criminal law principles)

Perhaps many who voted for Pakatan Rakyat are against the Sedition Act because of the wide definition of ‘seditious tendency’ which leaves it open to potential abuse

Moreover, fence sitters could be sick and tired of the Sedition Act appearing to be a tool for the Government to silence dissent and Opposition leaders. There are so many uncertainties which can be resolved by a simple referendum!

Anyhow, by virtue of going back on his promise, Datuk Seri Najib has created a very dangerous precedent in which the very promises/pledges that come out of his mouth are subject to sudden change. The only silver lining is that his flip-flop attitude may lead him to someday make a u-turn regarding his decision to preserve the Act!

*The Malay Mail Online, Malaysiakini, and Free Malaysia Today featured this article

Sedition Act 1948: Repeal or Maintain?

by | Sep 6, 2014 | Law, Politics

Two years ago, our beloved Prime Minister vowed that he will repeal the Sedition Act 1948 and replace it with a National Harmony Act. Fast forward two years and we’re still clinging on to a promise (or a re-promise if you will) although there have been positive signs that the National Harmony Bill is slowly but surely getting ready for tabling

However, it was reported yesterday that most UMNO grassroots leaders are for the Sedition Act. Datuk Seri Shahidan Kassim, a minister in the Prime Minister’s Department, claimed 161 out of a total 191 divisions nationwide had voiced a desire to keep the pre-independence law in a recent survey undertaken by central Umno.

The news is not at all surprising as in recent times, UMNO leaders haven’t been charged with sedition despite making arguably seditious statements. We have Tan Sri Muhyiddin Yassin’s statement about a repeat of the May 13 racial riots, as well as Datuk Seri Zahid Hamidi’s recent “non-malays are getting arrogant” rant

A joint statement made by a coalition of Malaysian NGOs in protest of the Sedition Act  listed down those who have been charged under the draconian and archaic piece of legislation. They are:

1. David Orok – ​​​​Member, Sabah Reform Party
2.​ Azmi Sharom – ​​​​Law professor, University of Malaya
3.​ N. Surendran –​​​​ Lawyer, Padang Serai MP
4.​ Khalid Samad – ​​​​Shah Alam MP
5. R.S.N. Rayer – ​​​​Lawyer, Seri Delima assemblyman
6.​ Abdullah Zaik Abdul Rahman – President, Ikatan Muslimin Malaysia
7. Teresa Kok – ​​​​Seputeh MP
8. Chua Tian Chang​​​ – Batu MP
9. Hishamuddin Rais – ​​​Social activist
10. Adam Adli​​​​ – Student activist
11. Safwan Anang – ​​​​Student activist
12. Haris Ibrahim​​​​ – Lawyer/ Social activist
13. Tamrin Tun Abdul Ghafar​​ – Political activist
14. Md Shuhaimi Shafie – ​​​Sri Muda assemblyman

Numerous others are being investigated, including:

1. Viktor Wong – ​​​​Activist, Parti Rakyat Malaysia
2. Susan Loone – ​​​​Journalist, Malaysiakini
3.​ Hassan Karim​​​​ – Lawyer/ PKR Johor vice chairman
4. Rafizi Ramli​​​​ – Pandan MP
5.​ Ali bin Jalil – ​​​​Member of public
6. 17-year-old schoolboy​​ (unnamed)
7. Mohammad Nizar Jamaluddin – Changkat Jering assemblyman

It is undeniable that some of the aforementioned things said/done are controversial. But do we need the Sedition Act when we have the Penal Code (s.298, 298A, s.500) and the Defamation Act 1957 to deal with such sensitive matters?

To get a better view of whether to repeal/maintain the Sedition Act, it is necessary to do a nationwide referendum. A survey of the UMNO division heads nationwide would be insufficient to safely conclude that Malaysians want the Sedition Act to stay

A referendum is the most effective way to obtain public opinion as evidenced in Scotland, whereby on the 18th of September this year, Scottish citizens will be asked whether they want Scotland to go independent, thus leaving the United Kingdom. It is only logical that the rakyat are consulted about such a momentous thing

Similarly in our country, we should have a referendum about the future of the Sedition Act. The wishes of the majority should then be respected and acted upon. On my part, I am Joshua Wu Kai-Ming and I demand the abolition of the Sedition Act #MansuhAktaHasutan #AbolishSeditionAct

*This article also appeared at The Malaysian Insider, The Malay Mail Online, and Malaysiakini

Recent Updates:

(i) Prime Minister Datuk Seri Najib Tun Razak has made an about turn regarding his past pledges to abolish the Sedition Act 1948. Instead, he intends to strengthen it (27th November 2014)