Media Statement – 12/11/2023
End U-Turns and Apologetics to justify not repealing Sedition Act 1948 and Section 233 of the Communications and Multimedia Act 1998
Respect one’s democratic right to disagree with or expose suspected wrongs of PM Anwar’s PH-led government
MADPET(Malaysians Against Death Penalty and Torture) is appalled that the Prime Minister Anwar Ibrahim’s Pakatan Harapan led coalition government have taken the position of not repealing the draconian Sedition Act 1948 and Section 233 of the Communications and Multimedia Act 1998 (Act 588), and plans to strengthen the enforcement of these laws.
On 7/11/2023, the National Unity Minister Aaron Ago Dagang was reported also saying that ‘ the government believes that the Sedition Act and the Communications and Multimedia Act are sufficient to deal with issues related to race, religion, and royalty (3R), and that it is not necessary to enact or introduce a new law.’(Malay Mail, 7/11/2023). What happened to the July position of limiting usage to protect royal institution?
Is this yet another back-tracking of the assurance given by Anwar and the Cabinet in July 2023 that its continued usage will be confined to matters concerning royal institution.
Of course, no one will forget the PH’s promise before elections to repeal Sedition Act, and other draconian provisions and laws - all of are now ‘Janji Tidak DiTepati’(Promises not kept).
Promise To Limit Usage To Royal Institution Lies?
In July 2023, the Malaysian Cabinet and Prime Minister Anwar Ibrahim indicated that the Sedition Act will only be applied to provocations towards the royal institution. (CNA 26/7/2023) Anwar said that “Yes. From a policy perspective, we avoid using the Sedition Act, except when this touches on the position of the Rulers.’ (Malay Mail, 18/7/2023)
It was again all talk and till today there has been no concrete action. A good government will act speedily – and not simply make ‘promises’.
Till today, there is still no moratorium on the usage of this draconian Act, that would have made it clear that it cannot anymore be used for any other reason but for sedition tendencies under ‘Section 3(1)(a) to bring into hatred or contempt or to excite disaffection against any Ruler…’, whereby "Ruler", as defined by the act means the Yang di-Pertuan Agong or the Ruler or Yang di- Pertua Negeri of any State in Malaysia.’
And, on 16/10/2023, it was reported that Kean Wong, the editor of the controversial book titled “Rebirth: Reformasi, Resistance, And Hope in New Malaysia” was arrested and investigated for Sedition by the police. (FMT, 16/10/2023). Earlier, on 4/9/2023, it was reported that ‘PAS president Abdul Hadi Awang is being investigated for sedition over comments he made about the authority of the pardons board, Bukit Aman revealed.’ (FMT).
On 7/11/2023, police submitted to the prosecution investigation papers on statements Kedah Chief Minister Sanusi and State Assemblyman Shahril Azman allegedly made before the recent Pelangai state by-election in Bentong offences, amongst others, under Sedition Act 1948 and Section 233 of the Communications and Multimedia Act 1998.
It is changed now in November, because now National Unity Minister is not talking about limiting or confining usage to matters of the royal institution.
The Sedition Act and the draconian Section 233 of the Communications and Multimedia Act 1998 continue to be abused, deterring freedom of expression and opinion, and also undermining democracy. Does Anwar and PH-led coalition government want to SILENCE the people, allowing only praises but no criticism of the government?
Why Sedition Act need to be repealed?
It criminalizes actions/word that causes seditious tendencies, which may ‘bring into hatred or contempt or to excite disaffection against’ the Ruler, government, administration of justice or generally ‘raise discontent or disaffection’. Truth, valid opinion or suspicion is no defence, as the crime is about ‘tendencies’ only.
It is not at all suitable for a democratic nation like Malaysia, where freedom of speech, expression and opinion is an essential key element. Highlighting of wrongs, violation of rights or abuses of power committed by anyone is important, but then all these can be any offence under the Sedition Act – thus making it a draconian law that should have been repealed long ago.
It is a law that protects the government of the day, and is easily abused against Opposition politicians, human rights defenders, and even ‘whistleblowers’ who highlight alleged wrongs can be made a victim, even when what is raised is the truth or a valid opinion.
When people raised the 1MDB and related corruption, Sedition Act could have been used as it may cause seditious tendencies, in that it ‘bring into hatred or contempt or to excite disaffection against’ the government, the Prime Minister and others in government all of whom were appointed by the King. Now, these have been proven true – but it still would be a crime under Sedition Act.
For against other race/religion crimes, we do not need the Sedition Act, as these are already laws that deal with them, like 298A Penal Code Causing, etc., disharmony, disunity, or feelings of enmity, hatred or ill will, or prejudicing, etc., the maintenance of harmony or unity, on grounds of religion. If needed, other crimes with specific wrongdoings stated can be incorporated in the Penal Code or other laws. Sedition Act 1948, a law from our British Colonial times, must be repealed.
Why Section 233 of the Communications and Multimedia Act 1998 must be repealed?
If what Anwar Ibrahim or Lim Kit Siang says something ‘false, menacing or offensive ‘that ANNOYS me, it should not be a crime, but Section 233 makes it so. That is why
Section 233 makes any communication over the internet, being ‘…any comment, request, suggestion or other communication which is obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass another person. …’ an offence.
‘…it is just too broad and vague, and is open to abuse. For example, the highlighting of violation of human rights or laws, or facts connected to alleged violations of rights/laws, would likely ‘annoy’ or even ‘harass’ the wrongdoer, and for the alleged wrongdoer, it could also be said to be ‘menacing and offensive’. This should never be considered an offence… As such, this section deters even the highlighting of human rights abuses, breaches of law and even possible government wrongdoing. This section even deters the sharing of such relevant and important facts, and/or opinions over the internet…’ – Malaysian Bar Resolution.
It is sad that when PH-led coalition came into power, Malaysians feel that nothing has changed as not only are the draconian laws retained and used, but now also being justified. Reasons like the police need it to fight against crime are excuses that no good Prime Minister and government will use to preserve and enhance powers of unjust laws.
MADPET calls on Prime Minister Anwar Ibrahim and the PH-led coalition to be committed to justice and immediately repeal the Sedition Act, the draconian Section 233 of the Communications and Multimedia Act 1998 and all other draconian legislations;
MADPET calls for the respect of true democracy, including the freedoms of speech, expression and opinion, freedom of the press and human rights.
Charles Hector
(For and on Behalf of MADPET (Malaysians Against Death Penalty and Torture)
See also:-
Bar Resolution on Respect of Privacy, End of “Spying” and Intervention of Internet without Due Notice, ... Will Anwar's PH-led government do the needful?
The Malaysian Bar has a resolution calling specifically for the repeal of this section 233...
C. That we, the Malaysian Bar calls for the repeal of section 263, section 233 and such vague provisions in the Communications and Multimedia Act 1998....- see full Bar Resolution in HR Defender Fadiah Nadwa Fikri latest victim of draconian Sedition Act, which PH said will be repealed??
Other human rights groups have also called for the repeal of section 233..
Section 233 of the Communications and Multimedia Act 1998
Section 233 makes any communication over the internet, being ‘…any comment, request, suggestion or other communication which is obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass another person. …’ an offence.
‘…it is just too broad and vague, and is open to abuse. For example, the highlighting of violation of human rights or laws, or facts connected to alleged violations of rights/laws, would likely ‘annoy’ or even ‘harass’ the wrongdoer, and for the alleged wrongdoer, it could also be said to be ‘menacing and offensive’. This should never be considered an offence… As such, this section deters even the highlighting of human rights abuses, breaches of law and even possible government wrongdoing. This section even deters the sharing of such relevant and important facts, and/or opinions over the internet…’ – Malaysian Bar Resolution....
...MADPET also call for the immediate announcement of the discontinuation of further action against all persons currently being investigated under the Sedition Act, Section 233 of the Communications and Multimedia Act 1998 and/or other similar draconian legislations....
MADPET calls on Malaysia to immediately repeal the Sedition Act, and also such sections in any law that is against freedom of expression and opinion like Section 233 of the Communications and Multimedia Act 1998; There is really no justification to delay and/pr procrastinate the repeal of bad laws on grounds like ‘further study and review’, an excuse often advanced by the past government that Malaysians voted out. ... - MADPET media statement 16/7/2018
See also
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