KUALA LUMPUR: A human rights advocate group has called for the repeal of the Sedition Act, citing its blatant infringement on international standards of freedom of expression.

Suara Rakyat Malaysia (Suaram) executive director Sevan Doraisamy said the Act lacked clear definitions and imposes disproportionate penalties, making it susceptible to abuse by authorities to stifle dissent.

"It does not define what constitutes conduct with a 'seditious tendency', nor for any of the other terms used such as 'hatred', 'contempt', 'discontent' and 'disaffection'.

"It does not require the prosecution to prove intent, at the same time also imposing penalties as disproportionate as three years imprisonment and/or a fine of RM5000 for those found guilty of a first-time offence.

"All these factors make the Sedition Act susceptible to abuse by authorities to crack down on dissent," he said in a statement.

He highlighted the Act's lèse-majesté provision, which criminalises expressions deemed insulting to public figures, including monarchs.

Such provisions, he argued, contradict international standards, as public figures, including monarchs, should be subject to criticism like any other without fear of prosecution.

"The royalty should not be exempt from being held accountable, and in this case, their role in nation-building, as well as the effects of their businesses on land rights of vulnerable groups like the Indigenous community and on the environment."

He said based on global trends, proponents of repeal point out that many countries, including former British colonies, have either repealed or significantly amended similar laws due to their ambiguity and disproportionate nature.

"In the United States, the Sedition Act was passed to criminalise false statements against the federal government, and during World War I, used to penalise those making false statements that interfered with the national war effort.

"In both countries, the Act was eventually repealed due to its ambiguity and lack of proportionality.

"Other Commonwealth countries that repealed sedition laws include Kenya, Ghana, New Zealand, Jamaica, Maldives, Sierra Leone, Pakistan, Singapore and India.

"Nevertheless, there are a handful of countries that have amended their sedition laws by limiting the definition of sedition.

"Australia and Canada narrowed the scope to violence, namely 'urging violence' and 'advocates the use, without the authority of law, of force' respectively."

Sevan also proposed National Harmony Bills as an alternative to the Sedition Act, put forward by the Bar Council.

"The National Harmony Bills consist of the Racial and Religious Hate Crimes Bill, the National Harmony and Reconciliation Bill, and the National Harmony and Reconciliation Commission Bill.

"The Racial and Religious Hate Crimes Bill specifically targets hate speech - which is absent in the Sedition Act.

"The latter two Bills, on the other hand, would provide for the establishment of a National Harmony and Reconciliation Commission that makes recommendations to the government on national unity and constitutes a tribunal that can inquire into complaints of unfair discrimination.

"This mechanism is instrumental in improving interfaith understanding and minority group inclusion, especially when there is a longstanding lack of institutionalised interracial and interfaith dialogue mechanisms," he said.

https://www.nst.com.my/news/nation/2024/03/1030467/human-rights-group-calls-repeal-sedition-act-malaysia