Section 114A of the Evidence Act "does not go against the universal legal principle of ‘innocent until proven guilty'", said Minister in the Prime Minister's Department Mohd Nazri Abdul Aziz.
In a written reply to Karpal Singh (DAP-Bukit Gelugor) (left), Nazri said that the section therefore does not impede the freedom and basic human rights enjoyed by Malaysians.
"The criticism that Section 114A infringes on freedom of opinion is erroneous. Instead, it encourages all parties to act ethically and responsibly in exercising their freedom of speech, as well as protect each other's properties," he said.
The minister added that the criticism stemmed from "poor understanding on the basic principles of presumption of fact."
"This is not the same as presumption of guilt as claimed by some people," he said, adding that this does not mean that the facts can be used arbitrarily in court.
Other acts have similar provisions
In a written reply to Karpal Singh (DAP-Bukit Gelugor) (left), Nazri said that the section therefore does not impede the freedom and basic human rights enjoyed by Malaysians."The criticism that Section 114A infringes on freedom of opinion is erroneous. Instead, it encourages all parties to act ethically and responsibly in exercising their freedom of speech, as well as protect each other's properties," he said.
The minister added that the criticism stemmed from "poor understanding on the basic principles of presumption of fact."
"This is not the same as presumption of guilt as claimed by some people," he said, adding that this does not mean that the facts can be used arbitrarily in court.
Other acts have similar provisions
He said the court, which acts as a safeguard, must first be satisfied that the facts are verified before the burden of proof is shifted to the accused.
He said that such provisions also exist in Section 37(d) of the Dangerous Drugs Act 1952 on the presumption of distribution of dangerous drugs, Section 50 of the Malaysian Anti Corruption Commission Act 2009 on the presumption of corruption, Section 409B of the Penal Code on the presumption of dishonesty and Section 19 of the Peaceful Assembly Act 2012 on the presumptions made of the organiser.
"The cabinet had on Aug 29, 2012 instructed the attorney general to meet with the Bar Council, the Human Rights Commission (Suhakam), reporters and bloggers to clarify (the matter)," he said.
The Bar Council, Suhakam and various other civil society organisations like the Centre for Independent Journalism had spoken out against the 114A primarily because they believe that the section shifts the burden of proof to the accused.
He said that such provisions also exist in Section 37(d) of the Dangerous Drugs Act 1952 on the presumption of distribution of dangerous drugs, Section 50 of the Malaysian Anti Corruption Commission Act 2009 on the presumption of corruption, Section 409B of the Penal Code on the presumption of dishonesty and Section 19 of the Peaceful Assembly Act 2012 on the presumptions made of the organiser.
"The cabinet had on Aug 29, 2012 instructed the attorney general to meet with the Bar Council, the Human Rights Commission (Suhakam), reporters and bloggers to clarify (the matter)," he said.
The Bar Council, Suhakam and various other civil society organisations like the Centre for Independent Journalism had spoken out against the 114A primarily because they believe that the section shifts the burden of proof to the accused.
Other critics include BN MPs Khairy Jamaluddin, Saifuddin Abdullah and MCA senator Gan Peng Sieu.
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