Media
Statement -16/7/2018
CALL
FOR THE IMMEDIATE REPEAL OF SEDITION ACT AND SUCH UNJUST LAWS
-
Immediate
Moratorium of the use of unjust laws pending repeal -
MADPET(Malaysians Against
Death Penalty and Torture) is appalled by the fact that the draconian Sedition
Act 1948 and Section 233 of the Communications and Multimedia Act 1998 was
again used against Human Rights Defender and lawyer Fadiah Nadwa Fikri.
These laws undermine freedom
of expression and opinion, something that the new Pakatan Harapan led alternative government,
that successfully managed to end the about 6 decade rule of the UMNO-led
government committed to repeal.
Fadiah Nadwa Fikri was called
in for questioning by the police at IPD Brickfields at 4.00pm on 11/7/2018.(Malaysiakini, 10/7/2018)
Malaysians voted in the new
government, and when it came into power, it would have been possible and easy to
immediately impose a moratorium on the usage of draconian legislations like the
Sedition Act 1948, pending repeal.
Sedition Act
Sedition Act 1948, a law
enacted by the British colonial government, makes it an offence to say or do
anything that has a ‘seditious tendency’, amongst others that may ‘excite
disaffection against any Ruler or against any Government’. Hence the right to
even highlight alleged wrongdoings or promote an opinion(be it good or bad is
irrelevant) on how reform should be done, makes a person a possible victim of the
Sedition Act.
‘…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…’ –Malaysian
Bar Resolution
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 calls for the immediate
discontinuation of further investigation and/or prosecution of Fadiah Nadwa Fikri.
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
urges the government to impose a moratorium on any future investigations on
Sedition Act and such laws.
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.
Repeal should reasonably and justly be done now, during the 1st
sitting of Parliament.
Charles Hector
For and on behalf of
MADPET(Malaysians Against Death Penalty and
Torture)
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