Malaysia mulls new law to impose civil penalties against those playing up race, religion and royalty rhetorics

A special session of the Dewan Rakyat (House of Representatives) at the Parliament in Kuala Lumpur, Malaysia on Jul 26, 2021. (Photo: AFP/Malaysia's Department of Information/Nazri Rapaai)
KUALA LUMPUR: The Malaysian government is mulling a new law to impose civil penalties on those who play up sentiments regarding race, religion and royalty - commonly known as 3R.
The new law which may be called the State and Nation Act is like the Maintenance of Racial Harmony Act in Singapore but in the Malaysian context, said Minister in the Prime Minister's Department (Law and Institutional Reform) Azalina Othman Said on Wednesday (Jul 12).
Singapore’s Maintenance of Racial Harmony Act, which has yet to be passed, will consolidate the government’s powers to deal with racial issues and includes gentler measures to address offences.
According to Bernama, Ms Azalina said that at present, any offence involving the 3R issue is investigated under the Sedition Act 1948 which is geared towards elements of criminal offences. This causes prosecution to take a long time due to the legal procedures, she said.
"So, I said maybe we need to evaluate it in the element of positivity ... (such that the) Act that is proposed is punitive.
"It means that if one violates it, he or she will be fined. That is easier to solve or convict," she was quoted by Bernama as telling reporters.
The proposal to create the new law had been presented to the Cabinet on Wednesday and received a positive response, said Ms Azalina.
She pointed out that currently, when social media is used to play up 3R sentiments, it can be denied and there is no solid evidence to prove the wrongdoing.
Therefore, the new law can be a solution to the 3R issue that has become increasingly prevalent in Malaysia in recent years. The new law would also ensure the needs of the future generation are better met, she said.
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In issuing his final warning to all parties ahead of the upcoming state elections to not exploit issues touching on the 3R, Prime Minister Anwar Ibrahim on Tuesday said that the situation is currently monitored by the Malaysian Communications and Multimedia Commission (MCMC) and the Royal Malaysia Police (PDRM).
Meanwhile, Communications and Digital Minister Fahmi Fadzil was quoted as saying by The Star on Thursday that MCMC and PDRM will assess the need to form a special unit to look into cases relating to the 3R issues.
Leading up to the six state polls on Aug 12, parties contesting in Kelantan, Terengganu, Kedah, Penang, Selangor and Negeri Sembilan are stepping up their campaigning efforts.
On Thursday, Parti Keadilan Rakyat (PKR) Shah Alam filed a police report against Kedah chief minister Muhammad Sanusi Md Nor for allegedly insulting Selangor ruler Sultan Sharafuddin Idris Shah.
According to The Star, the report was lodged by Shah Alam PKR information chief Suryamuizzudin Kamaruddin alleging that Mr Sanusi had undermined the Sultan of Selangor in a Perikatan Nasional (PN) political rally on Tuesday night.
In a viral video, Mr Sanusi - who is also a Parti Islam Se-Malaysia (PAS) assemblyman - appears to have belittled the appointment of Selangor chief minister Amirudin Shari.
"Muhammad Sanusi's speech was uploaded on many social media channels such as YouTube, TikTok, Facebook and Twitter. (The speech) clearly undermined the Selangor sultan's wisdom in appointing the Selangor chief minister," Mr Suryamuizzudin reportedly said.
He also urged authorities to immediately investigate the matter, adding that politicians should not use political rallies to propagate attacks and insults against or harass the royal institution, which includes the prerogative of the ruler, according to The Star.
Politicians currently under investigation for making remarks on race and religion ahead of the state polls include PAS chief Abdul Hadi Awang and Democratic Action Party (DAP) chairman Lim Guan Eng.
PAS is a PN component party while DAP is a component party of the Pakatan Harapan coalition.