With the passing of Bersih 5.0 rally, SOSMA has come under the spotlight again as Maria Chin was recently freedafter her arrest for “the attempt to commit activities detrimental to parliamentary democracy“. But if you still remember, it wasn’t that long ago that a lot of people were being arrested for sedition left, right, and center.
We’ve mentioned about the rising number of charges in this article before, and according to PDRM, the numbers are still growing, with at least 91 cases in 2015 alone according to Amnesty International. So, with a list of sedition charges sent to us by Lawyers for Liberty executive director Eric Paulsen, and good ol’ fashioned research, we decided to find out once and for all, which Malaysians are currently the most seditious (seditiousest?).\
Since it would probably take a small book to write about all the people that were CHARGED for sedition, we decided to only look at those who were charged TWO OR MORE times, so you might not see familiar names like Fahmi Reza and even Eric Paulsen himself. We also used some bonus points to distinguish them. Here are the “most seditious” Malaysians, from least number to most (drum roll please):
Left, right, and centre. Geddit?
*plop plop plop plop*
9. N. Surendran, PKR vice president / MP / Lawyer – 2 charges
Photo from kualalumpurpost.net
Crimes: Accusing the PM of political conspiracy and releasing a seditious press statement
Bonus Points: Charged for repeating a statement Anwar Ibrahim said
Surendran was first charged with sedition for releasing a press statement on Anwar’s court case, criticising the judgement handed to Anwar. In fact, he was actually representing Anwar in the case. He and his party claims this is the first time someone has been charged for just repeating a statement, and insists that people shouldn’t be charged for that. Surendran is looking to get the charge dropped.
“We believe it is unprecedented for legal counsel to be charged for sedition merely for repeating his client’s legal defence,” – Anwar’s legal team in a joint statement, quoted by The Malay Mail Online
Later in the same month, he was charged a second time for a YouTube comment, in which he purported Prime Minister Najib Razak for a political conspiracy against Anwar Ibrahim. He claimed trial for this charge this year.
8. Azmi Sharom, Law professor at UM – 2 charges
Can I get biceps like that from wrestling the law? Photo from themalaymailonline.com
Crime: Giving seditious comments for an article on Malay Mail Online
Bonus Points: Malaysia’s first academician to be charged
Azmi Sharom was charged with sedition because he gave opinions for an Malay Mail Online article regarding the Khalid Ibrahim drama. He became Malaysia’s first academician to be charged with sedition, and later, also the first Malaysian to challenge the legality of the Sedition Act.
Although he was unsuccessful, Azmi argued that the Sedition Act is unconstitutional, because it was enacted YEARS before the Federal Constitution of Malaysia was made. If you’d like to know more about Azmi, we did a story here.
But earlier this year, the charges against Azmi has been dropped by Attorney-General Tan Sri Mohamed Apandi Ali.
“I’m thankful that common sense has finally prevailed,” – Azmi to Malay Mail Online regarding the dropped charges
7. Hassan Karim, PKR Johor Chief & Lawyer – 2 charges
Photo from selangorkini.my
Crimes: Criticising the Selangor Sultan and making seditious remarks at a rally
Bonus Points: Granted “discharge not amounting to acquittal”. Translation: Not charged now, but not completelyinnocent also, because can become charged again later for the same case.
Hassan Karim was first charged over seditious tweets he posted in 2014 and 2015, which criticised the Selangor Sultan over the Menteri Besar crisis. He is still pending trial for this charge.
His second charge was for remarks he made during a rally regarding Anwar Ibrahim’s verdict in Pasir Gudang, Johor. This charge for the remark was withdrawn earlier this year, because of this:
“In the (reply) letter, the public prosecutor said that after studying and considering the representation and the investigation papers, the public prosecutor agreed to drop the charge,” – Hassan Karim when asked about why the charge was dropped.
Yea… they just decided NOT to charge him anymore, and he was granted a “discharge not amounting to acquittal“.
6. R.S.N Rayer, Penang State Assemblyman & Lawyer – 2 charges
Photo from english.astroawani.com
Crime: Saying “Celaka-celaka UMNO”, twice
Bonus Points: Getting cleared for both charges
The DAP assemblyman was charged for uttering a remark that “might lead to public disorder” on 2 seperate occasions. Once in a Penang state assembly, and as if he wasn’t sure if people heard him, he said it again during a speech in a park. In response to his words, Penang state UMNO youth members not only staged a protest at the assembly building, but even stormed into the building to demand an apology.
“Celaka-celaka ini, celaka-celaka UMNO ini kurang ajar, biadap…” – R.S.N Rayer, in a Penang State Assembly
Interestingly, he was recently cleared and acquitted of the charge because the judge ruled that words directed towards a political party are actually only directed at specific people. We really do learn something new everyday…
“A statement directed against a political party cannot be regarded as words used against a certain community or group of people.” – Judge Ibrhim Osman, in his ruling of the case.
5. Abdullah Zaik Abd Rahman, Ikatan Muslimin Malaysia (ISMA) President – 2 charges
Photo from themalaymailonline.com
Crime: Labeling the Chinese as “intruders”
Bonus Points: Only person to have 2 charges relating to racism
Abdullah Zaik Abd Rahman stands out because he is the only person we could find whose sedition charges relate to racism. Both charges were on account of him labeling Malaysia’s ethnic Chinese as “intruders brought in by British colonialists to oppress the Malays“, one for uttering the statement and the other for publishing an article titled “The coming of the Chinese with the British colonialists a form of intrusion” on ismaweb.net (the article has since been taken down).
He has been found guilty recently for publishing the seditious article, and was ordered to pay a RM 2,000 fine, or face up to 2 years in jail for his conviction. His other charge however, has been acquitted on 16th May 2016.
“Alhamudillah, we accept it. I accept it,” – Adullah Zaik Abd Rahman on his sentencing.
4. Chua Tian Chang (a.k.a Tian Chua), MP & Vice president of PKR – 2 charges
Photo from astroawani.com
Crimes: Accusing the gomen of conspiracy and making seditious comments at a rally
Bonus Points: Charged for… biting a policeman (ಠ_ಠ)
Tian Chua might possibly be the most seditiousest politician. In March 14th 2013, Tian Chua was charged for accusing the gomen for plotting the Lahd Datu standoff, and then was charged again on 29th May 2013 for uttering seditious words at a May 13 forum. He was acquitted for the first charge, but was recently convicted for the second one, and he was sentenced to 3 months in prison and pay RM 1800 fine.
Tian Chua has had a long history of being arrested and detained. We’ll let this picture speak for itself.
Photo from alditta.blogspot.my
Oh, and this…
Photo from geocities.ws
and this, too.
He seems to be getting better at this being arrested thing. Photo from suara.tv
Years ago he was detained under ISA for protesting under the Reformasi movement and locked up for 2 years, and was even compensated with RM2.78mil for that! He was also arrested for a series of illegal gatherings, and he was charged for gigiting a policeman during one arrest at the Parliament house.
3. Ali Abd Jalil, Social Activist – 3 charges
Photo from todayonline.com
Crime: Insulting Johor and Selangor royalty
Bonus points: Flew away to another country to avoid charges
So how did Ali here rake up more sedition charges than veteran politicians? He was charged with 3 counts of sedition for insulting the monarch on Facebook, 2 against the Sultan of Selangor, and 1 against the Sultan of Johor.
After being released from his, like, 4th arrest, Ali flew out of Malaysia to seek political asylum in Sweden (presumably while listening to “Leaving on a Jetplane“), where he was eventually granted PR status (presumably went home and listened to “Forget you” for about 60 times after that). He claimed that he has been torturedduring his detention, and also that he left for fear of his safety.
Image from financetwitter.com
2. Khalid Mohd Ismath, Activist & Parti Sosialis Malaysia (PSM) member – 3 charges
Photo from malaysianreview.com
Crime: Insulting Johor royalty
Bonus points: 11 other charges under Communications and Multimedia Act 1993
Similar to Ali Abd Jalil, Khalid Mohd Ismath was charged for seditious Facebook posts insulting the Johor royalty. With the total of 14 total charges under the Sedition and the Communications and Multimedia Act, he’d impress even the Energizer rabbit.
“How can one man hold that much… CHARGE?”. Image from adage.com
But unlike Ali Abd Jalil, Khalid was denied bail at first, because the authorities are concerned that he might pull an Ali Abd Jalil on them, but he was later released on interim bail. Recently, his disappearance caused a bit of stir as he even left a Facebook post beforehand. But this fellow PSM member seems to be reassuring everyone that he is currently safe.
Screenshot from Nik Aziz Afiq’s Facebook
1. Zulkiflee Anwar Ulhaque (a.k.a Zunar), Cartoonist – 10 sedition charges
Photo from aljazeera.com
Crime: Twitter comments about Anwar Ibrahim’s case
Bonus points: Several book bans, publishers raids
Zunar (our article on Zunar here) probably needs no introductions. The cartoonist that recently won an international award, was even more recently arrested for sedition during an art exhibition at Penang’s Komtar building. Zunar was already facing NINE SEDITION charges before this arrest, which is already a new record in Malaysian history, and that isn’t including another sedition charge in 2010.
So u think Zunar would be charged for all those seditious cartoons that produced over decades of his life? WRONG. The 9 sedition charges against him were actually for twitter comments he made regarding Anwar Ibrahim’s trial, where he criticised our justice system. On top of that, investigations on one of his cartoon books and his recent arrest were both made on the grounds of sedition, so his charge count might still increase.
Draw stuff like this and you too can be: Malaysia’s. Most. Seditious!!!
Zunar was released on 27th November. For now, he has been banned from travelling outside the country, and now awaits the date for his trial.
The British gave us Sedition Act to fight communist, but do we still need it now?
With so many people being charged, we could not include these cases in the list:
Malaysian Armed Forces Veterans Association chief Mohd Ali Baharom (a.k.a Ali Tinju), was arrested and chargedwith inciting a riot by uttering racist remarks during the Low Yat riot. His case was later dropped. Also in relation to the riot, prominent blogger Papagomo was also arrested and investigated for spreading false information that worsen racial tensions.
Left: Papagomo. Right: Ali Tinju. Images from malaymailonline.com and says.com
But the question is, do we STILL need a Sedition Act in the first place? The common argument used is that the sedition act was introduced by the British before Malaysia was even an independent country in order to combat the communist threat. But with the country no longer under threat of communists, is it time to finally lay the law to rest? After all, even the British have abolished their own Sedition Act.
But then again there’s also the idea that freedom of speech is not absolute, meaning that there has to be a line to be drawn between your right to say something versus your right to say it responsibly.
Even so, as a democracy, instead of a culture of fearing of speaking out, freedom of speech should be a natural right for its people, that’s why its guaranteed in the constitution in the first place, and the founding father of the United States, Benjamin Franklin, seems to understand that well:
“Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.” – Benjamin Franklin.
Anyway, if you ARE seriously concerned about getting arrested, you can check out what to dohere. Even if you DOget arrested, it’s apparently not as bad as you imagined.
– http://cilisos.my
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