Use of Sedition Act to arrest ‘insulting’ social media users is mob rule

Updated 7 years ago · Published on 10 Jan 2019 8:40AM · 3 Comments

LAWYERS for Liberty views with extreme concern the recent arrests of three people under the Sedition Act 1948 for alleged “insulting” social media comments regarding the Yang di-Pertuan Agong’s recent resignation.

The Sedition Act is a draconian piece of legislation that was heavily opposed by the then Pakatan Harapan coalition when it was in the opposition.

It is, therefore, shocking that in New Malaysia, this law is still being used by the police to crack down on mere social media comments that are not criminal in nature.

This legislation is a leftover legacy from the British empire that clearly has no place in Malaysia and all the more so in New Malaysia.

The offences in the Sedition Act are extremely vague, open to exaggerated interpretation and, therefore, disproportionately restrict freedom of speech, a right guaranteed under Article 10 of the federal constitution.

These arrests are reminiscent of a Barisan Nasional-government style of intolerance towards freedom of speech, especially for allegedly “insulting” comments on social media where the authorities seem quick to react to mobs on social media demanding actions be taken against certain posts.

The authorities must be more discerning when reacting to viral messages on social media, especially if the alleged “insulting” post has been exaggerated, to do so would tantamount to mob rule.

The role of the police is to maintain public order and prevent crimes, not to be the arbiter of what is an acceptable speech or post on social media.

The police must be able to differentiate between impolite and even “insulting” remarks that are not criminal in nature. It should only be an offence if the remarks were threatening or inciting violence or a crime and, therefore, ought to be investigated under the Penal Code.

We call on the authorities to cease these needless arrests and investigations pertaining to mere social media comments.

The authorities must be able to prioritise their resources to tackle genuine criminal matters, and not get involved in petty politically motivated issues that should not be their concern. – January 10, 2019.

* Latheefa Koya is executive director, Lawyers for Liberty.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.

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Comments

  • Well said, but will the government which appears to move like a dinosaur in these matters take heed and stop the investigations? If the writer who is a member of a party in the ruling coalition is unable to convince the powers that be of the need to scrap the despicable Act, what chance have the man on the street to do so?

    Posted 7 years ago by Panchen Low · Reply

  • Latheefa, you are in pkr. A senior leader at that. Your head honcho is going to be the next PM,presumably. Your party forms the coalition that governs Putrajaya.

    So, could we have something more tangible from you and your party, then a mere letter?

    Why not ask pkr MPs and cabinet ministers to push for change and a repletion?

    But then again, everyones too busy with mending jumping frogs, getting appoiinted to GLCs, or making sure they are with right side of whos gonna be PM. Instead of upholding voter trust.

    Posted 7 years ago by Rock Hensem · Reply

  • It is a joke that Mahatir in his high air of superiority commented in the Independent News Media interview that no one shud be charged for seditious speaking out of any one in Malaysia be it the PM himself and the cabinets and even the Royal family. Talk is cheap for with the recent spate of PDRM going about in their zealousness in arresting anybody who are speaking out about the wrongs and bad behavior of the recent royal debacles. It is obvious and seen as just a charade by PH Government in their will and commitment in enforcing reforms and changes for a New Malaysia democracy. In fact the PDRM are slapping the PM in the face by going counter offensive. Walk the talk please. The PH MPs are now being tamed and very docile as there are very happy in keeping their job and looking forward to good times. The recent request of goodies to be given to their own party members are just a tip of the icebergs and who knows how bold they will be in absurdities in future request.

    Posted 7 years ago by Lee Lee · Reply