Keep Sedition Act but allow people to criticise government, says ex-chief justice
The Sedition Act 1948 should stay, but amendments should be made so that the government is not protected by the colonial-era act, former Chief Justice Tun Abdul Hamid Mohamad said today.
He said the clause in the Sedition Act which makes it an offence for Malaysians "to bring into hatred or contempt or excite dissatisfaction" against the government was undemocratic.
"If the government wants to make amendments that may gain the support of others, it should consider the sedition offence against the government.
"Right now, even committing sedition against the government is wrong. But this is not in line with democracy," he told the National Unity Convention at the Islamic Centre, Kuala Lumpur.
He said the clause would make even campaigning for elections potentially a crime, and added that this was why no one had yet to be charged under the act for this.
"Why should we keep it? It makes the government look autocratic. We don't even use it, so we might as well get rid of it. In fact, (removing it) would be good for the government's image," said Hamid.
But he warned against abolishing the Sedition Act in its entirety, saying it would pave the way for Malaysians to insult and question the position of the Malays, the rulers, Islam and the Malay language.
Hamid suggested that the Sedition Act also be amended to protect the Orang Asli, Islam as the religion of the federation, and Malay reserve lands.
He proposed that the government look to neighbouring Singapore for inspiration, amid mounting international criticism against the draconian act.
"Singapore still has the Sedition Act. Singapore does not hesitate to take legal action against people who commit sedition, yet no one criticises them," he said.
Hamid claimed that a non-Muslim judge in Singapore had previously used the Sedition Act to imprison several individuals for distributing leaflets on Christianity among Muslims there.
"Fortunately, Malay individuals and NGOs are aware of what is happening... Malays in PAS and PKR should also be aware if they still consider themselves Malay.
"The natives of Sabah and Sarawak too should realise that abolishing the Sedition Act is an attempt to destroy their rights," he said.
Datuk Seri Najib Razak first announced the plan to repeal the Act in June 2012, to be replaced by a National Harmony Act. The Sedition Act was amended five times with the last one in 1975.
Of late, there have been growing calls among Pakatan Rakyat leaders, social activists and NGOs to repeal the Act given that many, apart from politicians, have been hauled up under this legislation.
However, Umno leaders and right-wing Malay groups have objected to any repeal of the law.
The National Unity Convention was organised by a coalition of 58 NGOs. Delegates are set to debate a National Unity Memorandum, which they intend to present to the government and Council of Rulers. – November 23, 2014.
