Azalina notes Sosma concerns, defers action to Home Ministry

 

Minister in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said described the Security Offences (Special Measures) Act 2012 (Sosma) as “considered to be unfair,” but said she could not intervene in a case involving a detained child, citing jurisdictional limits between ministries.

She also told reporters that it was within the Home Ministry's jurisdiction to make necessary changes and reforms.

“The law has existed for quite some time, so I think it is up to the relevant ministry in charge of Sosma to come out with their views.

“It's not a new law that has been enacted, and it is a law that is considered unfair,” she said.

“But overall, if the government is looking to review Sosma through the relevant ministry, I think they can make certain considerations,” she added.

The minister was responding to questions from reporters on the case of a 16-year-old girl detained in Kedah last week under Sosma, leading to renewed calls for the Act to be repealed or significantly overhauled.

It was reported that the girl had been detained for nine days after being taken into custody with several others, including her father, on Jan 14 under suspicion of “migrant smuggling”.

Last week, DAP veteran Lim Guan Eng questioned why the exceptions under Section 13 of the Act, which outlined exceptions for women, children, and vulnerable groups, had not been applied in this case.

On this, Azalina also stressed that such matters were beyond her jurisdiction.

However, she said she would do her best to present Parliament with any proposals, welcoming formal recommendations and amendment suggestions from relevant parties, including Suhakam and its Children’s Commissioner’s Office.

“As minister in charge of law, I cannot simply intervene on that specific law. But if there are certain concerns and recommendations… we can present them.

“But for the government, of course, every ministry would have its own justification for why they still want that law.

“So, it is up to departments, for example, the Children’s Commissioner’s Office, to inform, or to write officially to the government and explain their perspective,” she said.

Azalina added that the Legal Affairs Division had also been cooperating with the aforementioned groups to address concerns surrounding further amendments to the death penalty, to also exclude children.

Need for change

Separately, Azalina said many of the laws were inherited from the colonial era and have become outdated.

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“Many of these laws no longer match what is happening today, especially in the technological world,” she said, adding that the government must respond through institutional reforms.

In her opening speech earlier, Azalina pointed to the rapid evolution of digital crimes such as cyber fraud, digital impersonation and deepfakes as key challenges to existing laws.

However, she acknowledged the government’s latest “quick wins” in addressing these challenges, including the Online Safety Act 2025 and amendments to the Sexual Offences Act to cover digital offences.

“That is why reforms such as the Online Safety Act have been prioritised, and new Penal Code provisions to criminalise the misuse of artificial intelligence are being considered,” she said.

Azalina added that further legal reforms could be implemented after being debated in Parliament later this year, stressing the need for support from MPs.

“For the cabinet to approve these reforms, MPs must also accept that change is necessary,” she said, noting that lawmakers must recognise that both the criminal justice and civil systems need to evolve with global standards. - Mkini