The Bar Council welcomes the Najib administration's pledge to abolish the highly contentious Sedition Act 1948 and says the replacement National Harmony Act is not necessary.

NONE Its president Lim Chee Wee said this was because existing laws such as the Penal Code contained sufficient provisions to deal with incitement of racial hatred and other forms of hate speech.

"However, in the event the PM intends to proceed with this proposed National Harmony Act, two important factors must be considered, namely the law should refrain from criminalising speech and ideas and that matters like loyalty, mutual respect and national unity cannot be legislated."

sedition act 1948 170309 Lim said such matters were ideals that have to be gradually developed and naturally cultivated, and not instantly demanded to be enforced by law.

The Bar Council also welcomed the assurance that the attorney-general would be responsible for ensuring proper consultation with stakeholders over the proposed new law.

"Such consultations are an important element to ensure that our democracy is genuinely inclusive and participative.

"We have had two recent examples where new legislation, the Peaceful Assembly Act (PAA) and the Security Offences (Special Measures) Act (Sosma), on one hand extending recognition of the human rights of Malaysians, have nonetheless restricted expression of those rights in certain respects.

"We caution against the proposed National Harmony Act being utilised in a similar fashion," said Lim, who stressed that the Bar Council had long asked for the Sedition Act to be repealed.

Suhakam: Consult stakeholders

Meanwhile, Human Rights Commission chairperson Hasmy Agam said this was one of the many laws which it had recommended to the government for repeal.

NONE "This is a commendable as it will enable a greater enjoyment of the basic human rights to freedom of speech as guaranteed under the federal constitution and enshrined in Article 19 of the Universal Declaration of Human Rights 1948.

"Nevertheless the law reform efforts on the PAA and Sosma have generated some concerns from various sections of society since they were done swiftly and without consultation.

"(Suhakam) hopes that the new Act will be drafted in a transparent manner through consultation with all stakeholders," said Hasmy ( left ).

He said the commission looks forward to engaging with the AG, other stakeholders and civil society groups to ensure it is in compliance with international human rights principles and norms.

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