Don't use 3R to justify continued use of Sedition Act, says Lawyers for Liberty

KUALA LUMPUR: Issues linked to race, religion and royalty (3R) should not be used to justify the continued existence of the Sedition Act 1948, says Lawyers for Liberty director Zaid Malek.

"It breaches the right to freedom of expression under Article 10 of the Federal Constitution. It has a long history of being used against the political opposition, activists and opponents of the government of the day.

"This is made possible because the act is so vaguely and widely constructed that it could make any comment seditious," added Zaid in a statement on Tuesday (March 26).

Zaid was responding to Home Minister Datuk Seri Saifuddin Nasution Ismail's announcement that the Cabinet has given the green light to initiate the process of amending the Sedition Act 1948 to curtail provocation on 3R issues.

Zaid said it has no place in a modern democracy.

"Most Commonwealth countries have repealed this colonial legacy of the British Empire," he added.

On the use of the Sedition Act on 3R issues related to the Rulers, Zaid said that many facets of government administration have some manner of royal involvement, such as amendments of certain articles of the Federal Constitution.

"The involvement of the Rulers in any decision, no matter how slight, could result in any comments or criticism of government action to be considered seditious," he said.

Zaid said the same is true for issues relating to race and religion, which undoubtedly play a large role in Malaysia’s political discourse.

"There is just no way to salvage the Sedition Act. The risk of it being used against the rakyat is far too great," he added.

Zaid said Pakatan Harapan must remember that they were elected on the platform of reform, which included the promise to repeal the Sedition Act.

"Keep the promise, repeal the Sedition Act 1948," he said.

Saifuddin has said the government has agreed to begin the process of amending a number of legislation, including the controversial Sedition Act 1948.

"This is being done to ensure that 3R issues are effectively managed. We have agreed to review these acts.

"The Home Ministry will be holding engagements with the police and others to discuss the review of a number of sections and acts," he said during his appearance on the 'Keluar Sekejap' podcast on Sunday (March 24).

Saifuddin said the move was not geared towards tightening controls.

"This is not to tighten controls but instead, to see how the Act can be invoked so that the 3R phenomenon can be managed from a legal standpoint," he said.