Malaysia to review and limit Sedition Act to provocations against royal institution

KUALA LUMPUR: The Malaysian Cabinet has agreed to review the Sedition Act so that it can only be applied to provocations towards the royal institution. 

This is amid a crackdown on remarks touching on race, religion and royalty - also known as the 3R - issues ahead of the upcoming six state polls. 

In a statement on Tuesday (Jul 25), Minister in the Prime Minister's Department (Law and Institutional Reform) Azalina Othman Said said: “The Cabinet of Malaysia agreed in principle for the Sedition Act 1948 (Act 15) to be reviewed … to ensure that this legislation is used only to protect the Institution of Rulers from any provocation.” 

She added that the Legal Affairs Division of the Prime Minister’s Department will take the appropriate steps to review the Sedition Act and ensure that the proposed amendments are aimed at holistically protecting the royal institution. 

Meanwhile, on inflammatory comments made against racial and religious issues, Ms Azalina said that other measures will be studied including the drafting of new legislation, if necessary. 

“(This will be done by) taking into account the views of the Institution of Rulers, as the head of the Islamic religion, and international best practices and principles,” she said. 

The Cabinet’s decision to review the Sedition Act came after Ms Azalina presented the results of the 3R Legislative Dialogue that was held last Friday with representatives from the unity government ministries, non-governmental organisations (NGOs) and academicians, among others. 

The dialogue was aimed at assessing the existing laws, including the Sedition Act, and examining the need for a new law to deal with 3R issues. 

On Jul 13, Ms Azalina noted that the current law, which is geared more towards elements of criminal offence, causes prosecution to take a long time to complete due to the legal procedures involved. 

She added that the proposal to create a new law to impose civil penalties on those who play up sentiments regarding the 3R issues had been presented to the Cabinet on Jul 12 and had received a positive response.

Meanwhile, Communications and Digital Minister Fahmi Fadzil said last Wednesday that a “special unit” will be formed to handle 3R issues that are played up ahead of the six state polls. 

Six states – Kelantan, Terengganu, Kedah, Penang, Selangor and Negeri Sembilan – will be holding their state polls concurrently on Aug 12. The by-election for the Kuala Terengganu parliamentary seat will also be held the same day. 

Meanwhile, the Election Commission will meet on Aug 3 to decide on key dates of the by-elections for the Pulai parliamentary and Simpang Jeram state seats, following the death of Member of Parliament (MP) and assemblyman Salahuddin Ayub. 

Last Tuesday, Prime Minister Anwar Ibrahim defended the need for the Sedition Act in cases involving comments against the royal institution. 

He also stressed that the Sedition Act would not be used if it involved criticisms against him in his role as the prime minister, according to Malay daily Utusan Malaysia. 

Earlier that day, caretaker Kedah chief minister Muhammad Sanusi Md Nor was charged with two counts of sedition under Section 4(1)(a) of the Sedition Act for allegedly insulting Selangor ruler Sultan Sharafuddin Idris Shah. He pleaded not guilty to both charges. 

The first charge was in relation to him making seditious remarks against the Selangor ruler while the second charge was related to uttering seditious words regarding the establishment of the unity government led by Mr Anwar.  

In a press conference after he was charged, Sanusi claimed that the charges against him were meant to hurt his chances at the upcoming state polls and were an attempt at silencing the opposition. 

Human rights group Lawyers for Liberty (LFL) condemned the use of the Sedition Act against Sanusi, claiming that no legitimate government should be allowed to wield the powers given by the Act. 

“It is appalling that this has happened under a government led by Pakatan Harapan, which in opposition long condemned the existence and usage of the Sedition Act as oppressive and an affront to freedom of speech,” LFL said in a statement, according to the Malay Mail.