No longer an offence to criticise judiciary, says Ramkarpal


DAP MP and lawyer Ramkarpal Singh says Malaysiakini editor-in-chief Steven Gan and Klang MP Charles Santiago ought to be given every opportunity to explain the reasons behind their statements, which should be taken into account in their defence. – The Malaysian Insight file pic, February 22, 2021.

BUKIT Gelugor MP Ramkarpal Singh said it was no longer an offence under the Sedition Act to criticise the administration of justice. 

He said this in support of Malaysiakini editor-in-chief Steven Gan and Klang MP Charles Santiago, who both face police investigations for criticising a Federal Court decision against the news portal. 

“Although it used to be a seditious tendency to bring into hatred or contempt or to excite disaffection against the administration of justice in Malaysia or in any state under section 3(1)(c) of the Sedition Act, it must be pointed out the said Act was amended in 2015 to remove the said section 3(1)(c). 

“I cannot see why Santiago and Gan are being investigated under the same,” he said in a statement today.  

Ramkarpal was referring to a Malaysiakini report today that investigation papers under the sedition and multimedia laws have been opened against Gan and Santiago for comments made after the Federal Court found the news portal guilty of contempt last Friday. 

Kuala Muda district police chief Adzli Abu Shah confirmed two separate police reports were lodged by an individual from a civil society group based in Gurun, Kedah. 

The duo is being investigated under Section 4(1) of the Sedition Act and Section 233 of the Communications and Multimedia Act 1998. 

Ramkarpal, who is also chairman of DAP’s national legal bureau, said sedition is undoubtedly serious as the intention of the maker of a statement said to be seditious is irrelevant. 

“As such, there might arise a misconception that it matters not why Santiago and Gan said what they said if they are being investigated under the said Act. 

“As it is no longer an offence to criticise the judiciary for the reason stated above, it must be stressed the intention of Santiago and Gan in making the statements they made is very much relevant to any investigation that they may be under.”

He added that the duo ought to be given every opportunity to explain the reasons behind their statements, which should be taken into account in their defence. 

“It is a waste of resources to investigate Santiago and Gan under the Sedition Act for the reason stated above and as such, I urge the inspector-general of police to cease any further investigations against them under the said Act forthwith.”

On Friday, Malaysiakini was fined RM500,000 for allowing allegedly contemptuous comments posted on its website.

The fine was set by the Federal Court after its judgment finding the news portal guilty of contempt.

On the same day, Malaysiakini appealed to the public for help to pay the RM500,000 fine. 

The portal announced it had collected over RM505,000 just four hours after the fundraiser began in the morning. – February 22, 2021.


Sign up or sign in here to comment.


Comments