COMMENT One year ago today, one of my lecturers, Associate Professor Dr Azmi Sharom, was charged with sedition. He was not the only one who was caught under the sedition law dragnet, for many others, from academicians to lawyers, students to activists and not to mention opposition politicians, are also facing similar charges.

The charge against Azmi in particular is seen as an attack on academic freedom, for this arose from his comment on the Perak Constitution Crisis back in 2009 and was reported online. Such prosecution would undoubtedly leave an unwanted precedent in the academia, which would lead to a culture of fear, with self-censorship practised in our speech, writing, performance and many other kinds of expression.

The reason I am writing this piece is so that we do not forget easily the crimes that were committed against democracy and human rights. In a country where many of such violations against human rights and undemocratic practices prevail, we move on from one issue to another to fast, thus allowing us to forget the injustice that happened in the past.

I hope that this piece of writing can allow readers to take a look at our Sedition Act from a different perspective.

In law school, we learn of a subject called jurisprudence. This subject in particular teaches us the philosophy behind the law. John Austin describes law as the “command of the sovereign backed by sanctions” and Karl Marx views law as a tool used by the ruling class to oppress the lower class.

Law is never portrayed as legislation representing the will of the people and is usually advocated by the “ruling class” upon the people. The Sedition Act is a fine example of the definition of law as explained by Marx.

The origin of the Sedition Act can be traced back to our former colonial masters the British, who enacted the law based on the one in force in Great Britain then.

To curb dissenting voices in colonial times

The Sedition Act was designed to curb dissenting voices back in pre-independence Malaya, particularly those who sympathised with the leftist nationalist movement and the Communist Party of Malaya.

Today, this law is used by a new form of the “ruling class” to oppress the citizens of this country who play the role of being the voice of conscience for the people.

Putting jurisprudence aside, let us takes a moment and think how the Sedition Act affects the ordinary man on the street.

First and foremost, we cannot deny that legal persecution has left a culture of fear among Malaysians. The fear to speak out on issues affecting us is evident when we self-censor ourselves to make sure we do not speak on matters that might get us into trouble.

We tend to sweep certain issues under the carpet because these are sensitive to the ruling class. This does not do us any good if we cannot sit down and talk about our differences and problems, just because these are “sensitive issues”.

The Sedition Act is also a fine example of how a law can be used to shut our minds and mouth altogether. The Sedition Act has now been amended to further strengthen punishment, which now includes a mandatory minimum jail sentence of at least three years and maximum of seven years.

The courts now have no discretion to allow mitigation against the jail sentence. Even first time offenders, youth offenders as well, are not exempted from imprisonment under a sedition offence. The courts are also not allowed to release an offender on a bond of good behaviour.

It is important to note that although criticism of the government and the administration of justice are no longer deemed to be seditious in the new amendment, the punishment under this law alone is enough to strike fear in the hearts of the people not to say anything sensitive relating to race, religion, monarchy and secession, even though this is in an academic discussion.

It is undeniable that in this age of the social media and online media, our youths are now able to express their views more effectively, and not to mention, be able to acquire more accurate information by doing their own research.

The law steps in as a game-changing initiative by the government to restrict the flow of ideas and information by forcing self-censorship on writers and readers in both new and traditional media. In the case of Azmi Sharom ( photo ), the academia would be inevitably affected by such self-censorship in their research work.

Due to the rise of activism in the academia, both students and lecturers alike are taking a more active role in society nowadays and not confining themselves to just knowledge and ideas in classroom settings.

Academicians like Azmi take the centrestage in public forums and outdoor lectures on human rights and current issues are a more effective way of educating the public than to publish research papers which are read only by those in the academia.

Students, on the other hand, are engaging with the public in more creative means. They use the social media for event mobilisation as well as campaign advocacy.

On the other hand, the traditional media is also properly utilised to spread awareness on issues. For instance, radio interviews featuring current issues are discussed on BFM 89.9 and Durian Asean. It would be safe to say that the amendment to the Sedition Act intends to curb activism all together.

The recent amendments to the Sedition Act also empower the courts, upon the application of the public prosecutor, to remove any online posting deemed seditious. The court can also make an order prohibiting the publication of any material deemed seditious.

This power is now vested in the Sessions Court, unlike this power being in the hands of the High Court only prior to the Sedition Act amendments.

Any person having any prohibited publication in his or her possession must hand it to the police and electronic publication must be removed from the system, wholly or partly.

Those who do not comply with this prohibition order will be liable to a fine and in default, be imprisoned. It would be safe to assume that such restrictions are aimed at curbing the freedom of expression online.

Press Freedom in Malaysia is ranked at 147th in the Global Press Freedom Index and the recent suspension of The Edge Financial Daily and The Edge Weekly shows that the Printing Presses & Publication Act is once again used to serve the will of the political masters.

When will our government learn that laws are enacted for the good of the people and not the other way around?

The trend nowadays is not just the Sedition Act alone. Section 124B of the Penal Code is now frequently being used instead to arrest and intimidate activists and opposition politicians.

I myself was arrested and investigated under this section for an alleged offence of committing activities detrimental to parliamentary democracy. Malaysia does not lack laws to curb the people’s freedom, but it definitely lacks laws that encourage freedom.

We all seek that ever too distant utopia where all Malaysians can live together peacefully and free from oppression, but to do so one must be able treat fellow human beings with the respect they deserve and respect their freedom of expression.

For that utopia to even exist, we must do our part as loving Malaysians, not only to speak up against injustice and oppression but take also to take action progressively to make changes happen.

Happy Aniversary Dr Azmi! Happy Birthday Solidarity4AzmiSharom.

VINCE TAN is coordinator of the Solidarity4AzmiSharom campaign and is currently moving with Progressive University of Malaya as its secretary-general.

Related reports

Jakarta Post likens Bersih 4 to uprising against Soeharto

Anwar welcomes former nemesis Dr M presence at Bersih

'I am not a yes man' T-shirts greet Muhyiddin at KLIA

IGP: Mahathir will be investigated over Bersih 4 rally

Anwar confident new party can strengthen opposition

Kula: Protest marks clear line of demarcation

'We had to change sanitary pads in front of cops'

IGP denies 'sanitary pads' accusation in Rumah Api case

We are the leaders we are waiting for

IGP not aware of MACC probe against police

A look back at sedition persecution in Malaysia

'What about those who defile opposition leaders' photos?'

After DAP, Tunku Aziz joins race-baiters

Should Bersih apologise for ‘feet on Hadi’s photo’?

And now gov’t is afflicted by balloonphobia

Scratch a little and the racial supremacist emerges

In one fell swoop, Tunku Aziz discredits himself irrepairably