LAWYERS for Liberty called on the attorney-general today to drop the charges against Bersatu information chief Razali Idris.
The rights group also wants the government to stop using “oppressive laws” to suppress free speech and harass dissenters.
In a statement, LFL said the case of the Kijal assemblyman, who was charged yesterday under section 4(1)(b) of the Sedition Act 1948 at the Kuala Lumpur Sessions Court, is a worrying indication of things to come, setting the scene for a return of the oppressive Sedition Act and other laws that stifle freedom of expression.
Razali has been charged with making a seditious statement about the judiciary in relation to the conviction of Muda leader Syed Saddiq Syed Abdul Rahman.
LFL said it was appalled by the government’s intensifying efforts to curb the speech freedoms of opposition leaders, saying the charges against Razali was an outright breach of Pakatan Harapan and Prime Minister Anwar Ibrahim’s promise to repeal the Sedition Act.
“The colonial-era Sedition Act 1948 grossly violates freedom of speech guaranteed under article 10(1)(a) of the Federal Constitution.
“The overly wide terms used in the act provide the government of the day with excessive powers to decide what constitutes sedition, which severely curtails free speech and political freedoms in Malaysia,” the statement read.
It said speech should not be deemed criminal just because it is critical of the judiciary. Should the criticism be deemed excessive, it is the law of contempt that should be invoked.
“The threshold for legal restrictions on freedom of expression must remain high, particularly when the speech in question is not hateful, threatening or inciting violence.
“Any disagreement on any issues, even controversial ones, should be debated and discussed, not threatened or intimidated into silence.”
Knee-jerk legal action or criminal charges intended to “protect” the judiciary, it added, would only cast a the institution in a negative light.
“Given that the PH-led government has repeatedly promised that the oppressive Sedition Act will be abolished, the Attorney-General Chamber’s conduct in prosecuting Razali Idris under the Sedition Act is unacceptable.”
They said the AG has a duty to uphold the constitution and the fundamental rights enshrined therein, including the right of all Malaysians to freedom of speech. – November 25, 2023.
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