The government cannot enforce the Sedition Act 1948 because it is not a law passed by Parliament besides infringing of the rakyat's freedom of expression, contended former Federal Court judge Gopal Sri Ram today.
He said the Federal Constitution, which came into effect on Aug 31, 1957, stipulates in Article 10 (2) that only Parliament may impose on the rights to freedom of speech, expression and assembly as guaranteed under Article 10 (1).
Considering that the Sedition Act 1948 was inherited from the British before Merdeka and that it imposes restrictions on freedom of speech and expression, it cannot be enforced, argued Gopal.
“A law which imposes a restriction on any of the freedoms conferred under Article 10(1) must be made by Parliament.
“The Sedition Act 1948 is a valid law but it is not a law made by Parliament, therefore you cannot enforce it.
“As such, you cannot prosecute a person under it,” he said in his speech entitled 'Challenging the constitutionality of pre-Merdeka law' to the Selangor Bar in Kuala Lumpur.
His speech marked the opening of the Selangor Bar’s new auditorium.
Among others, the Sedition Act 1948 stipulates that it is an offence to do or attempt to do any act which has a seditious tendency, to utter any seditious words, to print, sell or distribute or reproduce any seditious publications or import any seditious publication.
A number of politicians and activists are presently facing sedition charges, namely Sri Muda assemblyperson Mat Shuhaimi Shafiei, Batu MP Chua Tian Chang (Tian Chua), Subang MP Sivarasa Rasiah, Padang Serai MP N Surendran, and cartoonist Zulkiflee Anwar ul-Haque (Zunar).- Mkini
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