The Human Rights Commission of Malaysia (Suhakam) expresses its concern over the recent invocation of the Sedition Act 1948 (Sedition Act) by the relevant authority on Seri Delima state assemblyperson RSN Rayer for uttering impolite words at the Penang state assembly on May 20, 2014.

While it is recognised that there are exceptions to the privileges and immunities enjoyed by the members of Parliament (MPs) and state assemblypersons as enshrined under Article 63(4) and 72(4) respectively of the federal constitution which state that a person may be liable to proceedings if he or she has been charged with an offence under the Sedition Act, Suhakam deems it important for the authorities to ensure the proportionality of punishment against MPs and state assemblypersons with due regard to existing measures as provided under the Standing Orders of Parliament and Assembly.

Suhakam is deeply concerned that the continued invocation of the Sedition Act particularly against MPs and state assemblypersons will further open up potentials for such Act to be abused. More importantly, it will restrict MPs and state assemblypersons’ freedom to openly debate issues and to perform their functions effectively, which are vital and essential for a dynamic and thriving democracy.

In this regard, Suhakam urges the attorney-general to reconsider the necessity for prosecuting Seri Delima state assemblyperson RSN Rayer under the Sedition Act for his impolite remarks which could be dealt with under the assembly Standing Orders.

In furtherance to that, Suhakam renews its urgings for the government to fulfill its commitment to repeal Sedition Act towards upholding the citizens’ right to freedom of speech as enshrined under Article 10 of the federal constitution as well as Article 19 of the Universal Declaration of Human Rights (UDHR).

DR KHAW LAKE TEE is acting chairperson, The Human Rights Commission of Malaysia (Suhakam).