Get rid of the Sedition Act now, say former A-G and lawyers
(The Malaysian Insider) – There are enough laws to prosecute those who make disparaging racial and religious remarks but selective investigation and prosecution is a cause for worry, a former attorney-general and lawyers said.
Insisting that the Sedition Act be removed from the statute book, they said the law on sedition was stacked against an accused and it gave the prosecution an upper hand in obtaining a conviction.
They said this in response to Suhakam chairman Tan Sri Hasmy Agam’s call to Putrajaya that the Sedition Act be repealed and replaced with a National Harmony Act as promised by Prime Minister Datuk Seri Najib Razak in 2012.
Hasmy said recently, several opposition politicians had been prosecuted for allegedly making “seditious remarks” but the Suhakam chairman noted that there were other laws which could have been used to handle such matters.
Hasmy said Suhakam recognised that freedom of speech had its limits but Putrajaya must uphold the principle of equality.
Former attorney-general Tan Sri Abu Talib Othman said there was no point enacting new laws when the implementation was questionable.
“Every person is equal under our law. To be effective, all laws must be enforced fairly ,” said Talib who was the A-G between 1980 and 1993.
He said these days many were charged with sedition and there was a public perception of selective prosecution.
Talib said he had framed charges against a few individuals under the Sedition Act but it was done fairly to obtain a conviction.
He expressed reservation on the prosecution of DAP national vice-chair Teresa Kok over her controversial satirical video “Onederful Malaysia” last February.
“Is this case a suitable benchmark for sedition in this country?” he asked.
Talib, who is also a former Suhakam chairman, added that there were also adequate laws to maintain public order and national security.
