Alternative to Sedition Act is in Penal Code

By admin-s On Oct 17, 2014

It is stupid to try preventing stupid people from saying stupid things.

Adrian Lim, TMI

I come from a Chinese Christian family. I have been labelled “pendatang” and “Cina Babi” all my life, but the Sedition Act is still irrelevant to me.

Well, many have said that Datuk Ibrahim Ali should be charged with sedition for threatening to burn the Christian Bible. There are also racists and even principals who have labelled the Chinese as “pendatang” or even “Cina Babi”.

Technically, these people have committed an offence under the Sedition Act for “promoting feelings of ill will and hostility between different races” – Section 3(1)(e) of the Sedition Act 1948.

Yesterday, Khairy Jamaluddin claimed that the walk against sedition has not made an impact because most Malaysians want safeguards against racially or religiously offensive speech.

Is that so? Do we not have safeguards in place?

In fact, I do not need the Sedition Act to protect me. I do not need the Sedition Act to criminalise people like Abdullah Zaik Abd Rahman, Ridhuan Tee, Zulkifli Nordin or the infamous Ibrahim Ali.

Why? First, it is stupid to try preventing stupid people from saying stupid things.

I believe as a maturing democracy, what we can do to embrace such unintelligent comments, is to simply ignore them. It is akin to wind that carries a rotten smell. It does not hurt to ignore them.

But where do we draw the line?

In cases where threats to burn mosques, churches or temples, Section 295 of the Penal Code is there for you. It is a statutory offence to “destroy or damage places of worship with intent to insult other religion”.

What if someone says something of your religion that hurts your feeling? Well, Section 298 of the Penal Code makes it an offence to intentionally hurt the religion feelings of another.

S298 is similar to the Sedition Act in a sense that it criminalises offensive speech against other religion. The only demarcation being the need to prove the intention under s298, to which the Sedition Act does not require so.

How does the Penal Code deal with speeches that offend one’s religion, resulting in disharmony, disunity, feelings of enmity, hatred or ill-will? In Ibrahim’s case where he threatened to burn the Christian Bible, he would have fallen under S298A of the Penal Code.

Nowadays, anything and everything on the royalty is an offence. One cannot speak or criticise constructively, because it has seditious tendencies.

There was a brief Twitter sensation with the hashtag ‪#‎SultanBukanTuhan a while ago. People were being questioned and charged for comments made against the royalty.

Those comments, in my opinion, were uncalled for and ridiculous, but then again, stupid and unintelligent comments are all over the Net, most of the time with anonymous Facebook or Twitter accounts. So the question – is it a crime to be stupid?

Freedom of expression? I would say it is pertinent, but such freedom is not an absolute freedom. So a line has to be drawn. Now where is the line?

Section 121 of the Penal Code protects the Yang di-Pertuan Agong, Sultans and di-Pertua Negeri.

It is an offence to “hurt, cause the death, imprison or restrain” the rulers. It is vital to note here, that this section protects the physical security of the rulers. That’s the demarcation.

So how do we deal with people who incite racial disunity that causes physical hurt to another? For example, if a racist incites a repetition of May 13, or a call to bathe a knife with a certain race’s blood?

Section 504 and Section 505 would be the answer. It is an offence to “insult with an intention to provoke a breach of peace” (Section 504) and also a crime to “make statements that incites public mischief” (Section 505).

These are some basic examples and there are plenty more in the Penal Code to safeguard racially or religiously offensive speech.