Media Statement – 6/4/2024
Akmal or anyone should not be investigated under draconian Sedition Act or Section 233 of the Communications and Multimedia Act
Moratorium pending repeal of Sedition Act 1948 and draconian provisions in CMA 1998
MADPET (Malaysians Against Death Penalty and Torture) is appalled with the use of the Sedition Act and draconian Section 233 of the Communications and Multimedia Act 1998 against UMNO Youth chief Dr Akmal Saleh. "Investigations were initiated under Section 4(1) of the Sedition Act 1948 and Section 233 of the Communications and Multimedia Act(CMA) 1998 and once complete, would be handed to the AGC for further instructions," he [the Inspector-General of Police (IGP) Tan Sri Razarudin Husain] said.(NST,5/4/2024)
It was reported that ‘Akmal has been vocal in calling for action and a boycott against KK Mart over the "Allah" socks controversy, and there were recent calls for his arrest over a social media post showing him wielding a sword.’
MADPET is of the opinion that Akmal did no wrong in raising the “Allah” socks issue, and expressing his opinion, as this is a right guaranteed in Article 8(1)(a) of the Federal Constitution that says that ‘…every citizen has the right to freedom of speech and expression…’.
Article 19 of the Universal Declaration of Human Rights (UDHR) also states ‘Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions with-out interference and to seek, receive and impart information and ideas through any media and regardless of frontiers’.
This freedom of speech and expression is an essential right in any democracy. Even if someone says or expresses an opinion, that is contrary to the government of the day position or the views of the majority populace, this right of an individual must always be respected and never be deterred. Response to this freedom must be opinions and views in rebuttal, and not arrest, detention or prosecution unless if it breaks a specific good law.
Call for BOYCOTT of products/companies that violate human rights
Likewise, calling for a boycott of certain establishment or even certain products is a right to be respected. Even the United Nations have imposed economic sanctions and even ‘boycott’ against nation states that they believe have done wrong. Even a country can impose such sanctions or ‘boycott’.
In Malaysia too, we have prevented the entry of products, and even ships/planes from Israel pursuant to Malaysia’s strong stance against Israel for the injustices caused to the Palestinian people, amongst others.
Boycott is a tool of the people as a form of protest against corporations and those in their supply chain as a protest against human rights violations and/or injustices committed against workers, communities or even the environment. Hence, it is not wrong to call for a boycott, or for individual persons to boycott products produced by such corporations. The choice is a personal choice of the individual or the consumer – as an indication that he/she too protest human rights violation or an injustice by the said company or supply chain.
Wrong to still use Sedition Act and Sec.233 of CMA
What is unacceptable is the use of the draconian Sedition Act, which should have long been repealed, and the vague draconian provision like Section 233 of the Communications and Multimedia Act against Akmal.
If Akmal has committed any offence against other laws, like Section 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) or any other offences like INCITEMENT to cause others to commit violence, assault, destruction of property, etc., it would have been acceptable excuse for police investigation but when draconian law or provisions of law is used.
The Sedition Act 1948 is unacceptable and repugnant to the rule of law for the further reasons that it creates offences arising from an act, speech, words, publication or other thing that are defined as having “seditious tendencies” which are imprecise and without clear boundaries. Unlike other criminal offences, the offence of sedition does not require mens rea or the element of intent; the correctness of what is done, or the truth of what is said, printed or published is disregarded and not a defence to the offence.
Section 233 CMA is draconian and should be repealed. ‘…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.
An opinion on “Allah” socks – freedom of expression/opinion
Akmal expressed an opinion on the "Allah" socks issue, but not all may share his views. The government is yet to prohibit in law the use of the word ‘Allah’, God and/or other deity on clothing’s and/or certain type of clothing’s. If such a law is to be enacted, it is best that it be enacted by Parliament. One must also acknowledge the fact that some Muslim consumers would have purchased these “Allah” socks and the reason they did so is most likely not to insult God but for some other positive reason. As such, this is a matter that the government must scrutinize well before acting.
Therefore, MADPET
a) Calls for the immediate end of the police investigation and/or prosecution of Dr Akmal Saleh under draconian Section 233 of the Communications and Multimedia Act 1998 and under Section 4(1) of the Sedition Act 1948 and Section 233 of the Communications and Multimedia Act. If the investigations are under any other offences, then it will be acceptable;
b) Reiterates the call for the abolition of the Sedition Act and draconian provisions in the Communications and Multimedia Act like section 233, and for a moratorium on the usage of these draconian laws pending repeal.
c) Reiterates for the immediate repeal of all draconian law and/or provisions in laws, and not procrastinate any further as this Pakatan Harapan-led coalition government has been in power for more than 15 months.
Charles Hector
For and on behalf of MADPET(Malaysians Against Death Penalty and Torture)
Umno's Akmal being probed for sedition, says IGP [NSTTV]
KUALA LUMPUR: Inspector-General of Police (IGP) Tan Sri Razarudin Husain has confirmed that investigations are underway against Umno Youth chief Dr Akmal Saleh.
In a brief statement, the top cop said police received two reports against the Merlimau assemblyman's actions and investigations are underway.
"Investigations were initiated under Section 4(1) of the Sedition Act 1948 and Section 233 of the Communications and Multimedia Act 1998 and once complete, would be handed to the AGC for further instructions," he said.
Once completed, the findings will be forwarded to the Attorney General's Chambers (AGC) for further action.
Earlier it was reported that Dr Akmal in a Facebook post said he was being detained at the Kota Kinabalu district police headquarters.
He said he was supposed to give his statement to the police in Dang Wangi here tomorrow but was detained in Kota Kinabalu this morning.
Akmal has been vocal in calling for action and a boycott against KK Mart over the "Allah" socks controversy, and there were recent calls for his arrest over a social media post showing him wielding a sword.
On Wednesday, Razarudin said no probe into Dr Akmal as no report had been lodged against him.
However, several parties including former law minister Datuk Zaid Ibrahim and human rights group, Lawyers for Liberty, have questioned the necessity for a report to be lodged for the police to act.
His Majesty Sultan Ibrahim, King of Malaysia, has also urged all parties to cease exploiting the issue and inciting anger, emphasising that action had already been taken by the authorities.
Razarudin also urged all parties to refrain from speculating about
the sock with Kalimah Allah controversy, since the case had been
prosecuted in court. - NST, 5/4/2023
Akmal detained at Kota Kinabalu police HQ
He is being investigated under the Sedition Act, says Bukit Aman.
PETALING JAYA: Dr Akmal Saleh today said he had been detained at the Kota Kinabalu police headquarters despite being scheduled to give a statement at the Dang Wangi police station tomorrow.
In a Facebook post, the Umno Youth chief said he would give the police his full cooperation.
“Pray for everything to be facilitated. I will not move an inch from our stance,” he said.
Meanwhile, Inspector-General of Police Razarudin Husain has confirmed receiving two reports on Akmal’s statements on the “Allah” socks issue, and that the case is being investigated under Section 4(1) of the Sedition Act 1948 and Section 233 of the Communications and Multimedia Act 1998 for misuse of network facilities.
He said in a statement that the investigation paper will be referred to the Attorney-General’s Chambers once the probe is completed.
Razaruddin later confirmed that the Merlimau assemblyman was detained at Kota Kinabalu International Airport this morning, Bernama reported.
Meanwhile, Malay Mail reported Sabah police commissioner Jauteh Dikun as saying that Akmal will be released once he gives his statement to the police.
Akmal’s detention comes amid his heavy push for a boycott of convenience store chain KK Mart, which became the centre of controversy after socks bearing the word “Allah” were found being sold at its Bandar Sunway outlet.
He has continued to spearhead the movement against the chain, despite its immediate apology, the legal action taken against its founder KK Chai and director Loh Siew Mui, and a call from the king not to prolong the controversy.
Since the boycott started, three KK Mart outlets in Bidor, Perak; Kuantan, Pahang; and Kuching, Sarawak, have been attacked with petrol bombs.
Akmal’s actions meanwhile have drawn criticism from many quarters, with former Umno Youth chief Khairy Jamaluddin urging him to stop.
KK Mart’s Chai also apologised directly to the Yang di-Pertuan Agong Sultan Ibrahim for the sale of the socks. The king reiterated at their meeting his warning for all parties not to take advantage of the matter. - FMT, 5/4/2024
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