Sunday, May 31, 2009

Malaysia's Sedition Act - A Law which Should Never Be In Existence

When I saw a status change the other day from my Facebook friend Uncle Lim Kit Siang, supreme leader of the Democratic Action Party that the police was after him, I had to dig deeper as to why a beacon of Malaysian politics for four decades was being sought after by our 'esteemed' Malaysian Police force for an alledged crime against the Malaysian government. I managed to read a news update from the Malaysian Insider website that the police wanted to question Uncle Lim for his political speech during campaigning a couple of days ago linking Prime Minister Najib Tun Razak to the political impasse in the state of Perak. It was later discovered that the people who made the police report that led to the police wanting a statement from Uncle Lim was none other than the police themsleves. Now, since when did police take political sides? However, if you've been a follower of Malaysian politics over the years, you'd be naive to think that the Malaysian police was anything but impartial.
The authorities are considering charging Uncle Lim for Sedition for linking Najib to the political crisis in Perak in his speech. You can imagine my reaction like most rational, logical, like minded people who heard of this news was little short of shock and disbelief. What business has the Malaysian police got to do poking their noses into political speeches in the middle of a political campaign? Is speaking the truth deserved of being charged for a crime and thrown into jail? If they were lies, then why not sue Uncle Lim for defamation? I went back further and found out that the crime of Sedition was more common than I originally thought.
In the US, the Sedition Act of 1918 was enacted by President Woodrow Wilson during the time of war to quell dissent against the US government at a time where harmony from within was crucial in winning the war. This act however was later challenged in court and the Freedom of Speech guaranteed by the First Amendment made this act no longer constitutional. Before that in 1798, it was also in existence in some form or other while the US was under threat of war from France. Fast forward about two hundred years at a time of peace in Malaysia and not a day goes by since Najib had taken over the helms of the highest office in Malaysia that he hasn't used this draconian law to intimidate and put his political opponents out of action. In fact he has used both the Sedition Act and the Internal Security Act to quell dissent and protect his battered reputation precipitated by his links to the murder of Mongolian model Altantuya and the 2002 Submarine scandal while he was Malaysia's Defence Minister.
All this talk of Sedition being a crime beggared belief especially when the definition of the word was less than clear and led me to investigate further what the exact meaning of Sedition meant. The Thesaurus' definition of 'Sedition' is varied but the few I found even relevant to the possible 'crime' that took place are:
rebellion
Synonyms:
agitation, defiance, disobedience, dissent, insubordination, insurgence, insurgency, insurrection, mutiny, revolt, revolution, treason, uprising
In other words, if the government found you to be rebellious and disobeying, they can charge you for Sedition and throw you in jail! Does this mean if a bill is tabled in parliament and the opposition lawmakers thwarted the government proposal by opposing the bill, they are guilty of sedition as they have defied the government? Does this mean you cannot dissent against the government? Would this make Malaysia on par with Burma, Fiji and Zimbabwe? Does this mean you cannot show insubordination towards the government? This would certainly make Malaysia rank below Thailand, Indonesia and the Phillipines in democratic principles. Does this mean you cannot agitate the Malaysian Government? This would certainly make Malaysia the laughing stock of the international community. Malaysians must surely realise the longer these laws are in placed to be used and abused by the ruling elite, Freedom of Expression would be just that, an 'expression'.

5 comments:

  1. That's precisely why the Sedition Act should be renamed the Sedation Act - and then permanently put to sleep!

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  2. Initially, Sedition Act 1948 was introduced to stop the communist movement.

    Now, it appears that the federal government is using this act to rule with iron fist.

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  3. najis did not sue rpk for the 'hell' article. he went hiding under fat rosmah's skirt. then fat rosmah instructed old pink lips to use one of their loyal dogs, in this case the police under lapdog musa hasan, to persecute rpk under criminal defamation.

    this najis is worse than dr m. at least dr m had class.

    and fat rosmah is NOT in the same league as tun dr siti hasmah. fat rosmah is a bitch; pure and simple.

    4RAKYAT

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  4. no one, regardless of their political inclination, should disrespect uncle lim.

    he was and has been there, fighting for a better malaysia, without the glamour and title, for the past 40++ years, thru the past and present six barisan nasional prime ministers.

    uncle lim is indeed an icon. more so that ds anwar and all others COMBINED; with due respect to all of them.

    anyone else may be fair game but touch uncle lim, and that's the last straw!

    4RAKYAT

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  5. Ever since the Mahathir days, the draconian and ambiguous (no one really knows the official definition of 'sedition', right?) laws like the ISA, Sedition Act and OSA has been abused by the BN govt using the excuse that they are protecting the interests of all the races, preserving racial harmony etc. This has been done so much that it has now bordered on extremism. Now the flimsiest act or word can be an excuse to enforce these laws, citing the reason above.

    But yet when certain BN politicians utter equally seditious, disparaging, disconcerting and downright rude words, the govt does not enforce any of those laws. For example, BN politicians in Penang who say that Malaysian Chinese are immigrants who should return to China, other BN politicians who say that if you see a snake and a person of a certain race, you kill the person of a certain race first etc, etc. Why doesn't the govt charge these people for sedition??

    Such blatant hypocrisy is a clear abuse of the system.

    Another way the laws have been abused lately is the way the police have arrested people wearing black, lighting candles in groups of more than 5. They are arrested even though they were not causing a commotion, impeding traffic, disturbing the peace etc. That means according to the police's way of enforcing this law on illegal assembly, if I have a birthday party in McDonald's (which is a public place) and I invite 20 friends, it is considered an illegal gathering and the police can arrest me even though no one complains, I have not disturbed the other patrons etc.

    Again, another blatant abuse of the laws in Malaysia.

    Likewise, in Uncle Lim's case, just because he said some things that put Najib in bad light, it is considered seditious and he has broken the law. What rubbish!!

    I say we vote the BN govt out ASAP.

    ReplyDelete