NGOs demand deadline for repeal of Sedition Act

A group of NGOs have written an open letter to Prime Minister Anwar Ibrahim expressing their concern that the government is not showing a firm commitment to repealing the Sedition Act.

They cited Deputy Minister in the Prime Minister’s Department (Law and Institutional Reforms) Ramkarpal Singh who said on March 21 that there are “no plans at this point in time” to abolish this legislation.

The groups include Suaram, Aliran, Undi 18, Centre for Independent Journalism, Teoh Beng Hock Trust For Democracy, Bersih, Article 19, and Lawyers for Liberty.

They cited the incompatibility of the Sedition Act 1948 with international human rights standards in freedom of expression.

“Whilst amendments were made to the Act in 2015, it is still to this day being used by state actors to criminalise dissent, especially among activists, members of the media, and opposition lawmakers,” said the groups.

They said the law is ambiguous and unclear and grants the authorities too much discretion for arbitrary enforcement to criminalise speech and expression.

The NGOs called for a timeline for the administration to review and repeal the act and reminded the present government that many of its members had been subjected to draconian laws like the Sedition Act in the past.

They also said Pakatan Harapan had repeatedly promised the repeal of such laws in its election campaigns.

Below is the letter in full:

OPEN LETTER TO YANG AMAT BERHORMAT DATO SERI ANWAR IBRAHIM

Dear YAB Prime Minister Dato Seri Anwar Ibrahim,

We, the undersigned organisations, write to you to express our concern about the government’s lack of concrete intention to repeal the Sedition Act 1948.

This is reflected in not only the March 21 statements by the Deputy Law and Institutional Reforms Minister about “no plans at this point in time” to abolish this legislation, but also the June 7 parliamentary reply by the National Unity Minister indicating that the Sedition Act 1948 alongside other “existing laws” will continue to be enforced to “handle any action that relates to racial or religious sensitivities”.

The incompatibility of the Sedition Act 1948 with international human rights standards in freedom of expression requires no further introduction. The legislation was passed by the British colonial government to suppress communist activity, with its existence predating even Malaysia’s independence.

Whilst amendments were made to the act in 2015, it is still to this day being used by state actors to criminalise dissent, especially among activists, members of the media and opposition lawmakers.

As long as the individual’s conduct, word, or publication is perceived to have a ‘seditious tendency’, which broadly or loosely is defined at the whims of the government, the said individual can be investigated, arrested, detained, or charged.

Recently in 2020, for example, the government of the day used this law to investigate a foreign news agency for reporting an issue as critical as the government’s poor handling of undocumented migrants in the country during the Movement Control Order.

The Sedition Act is incompatible with the international right to freedom of expression standards.

The law is ambiguous and unclear, and, therefore, not prescribed by law. It grants authorities too much discretion for arbitrary enforcement to criminalise speech and expression.

It does not pursue a legitimate aim, where the law is abused to clamp down on dissent, which poses no genuine threat to public harmony or national security.

Penalties under the Sedition Act 1948 are also disproportionately heavy, with first-time offences already incurring a hefty fine of RM5,000 or imprisonment of up to three years.

Freedom of expression is not a token to be awarded or withdrawn at will. It is a fundamental freedom that the government is obliged to fully and truly uphold, regardless of the politics or socio-cultural context of the day.

Disagreement is intrinsic to democracy. As we align ourselves with the values of Masyarakat Madani, it is imperative that we also practise them by prioritising dialogue and consensus-building, instead of continuing to exercise repressive laws to quash differences in opinions which can only deepen existing sociocultural and political divisions.

The Pakatan Harapan coalition has consistently promised to repeal or revoke the Sedition Act 1948 in both manifestos over the 14th and 15th general elections.

As the flagbearer of institutional reform, we ask that you break away from past cycles of repression and take concrete steps to repeal this archaic piece of legislation.

It is imperative that your administration provides a timeline to review and finally repeal the act. This timeline should also include the imposition of a moratorium pending the eventual repeal of the act.

During the previous Harapan administration, the moratorium was only in force for less than two months before it was suspended and subsequently followed by the status quo of abuse of the act by state actors against dissenters.

With many in government including yourself having been long-time members of the opposition, we are certain that you recognise the high potential for abuse of repressive laws such as the Sedition Act 1948 by the government of the day to target government critics including human rights defenders and opposition parliamentarians. We urge that you swiftly act on this recognition.

It has been 64 years since our first general election after independence, and we should know better by now.

For Malaysia to become a fully functioning democracy, all citizens should be able to fully exercise their civil liberties, and on that note, freedom of expression must be fully protected. The Sedition Act 1948 thus has to go.

Issued by:

Gerakan Hapus Akta Hasutan

Endorsed by:

1. Suara Rakyat Malaysia (Suaram)

2. Aliran

3. Undi 18

4. Centre for Independent Journalism (CIJ)

5. Teoh Beng Hock Trust For Democracy

6. Bersih

7. Article 19

8. Lawyers for Liberty

- Mkini