No new charges under Sedition Act since GE14, says Thomas
Despite its repeal being part of Pakatan Harapan's election manifesto, the Sedition Act 1948 is still on the statute books.
However, since last year's general election, not a single person has been charged under the security law, Attorney-General Tommy Thomas said in a statement today...
Despite its repeal being part of Pakatan Harapan's election manifesto, the Sedition Act 1948 is still on the statute books.
However, since last year's general election, not a single person has been charged under the security law, Attorney-General Tommy Thomas said in a statement today.
"Upon assuming office in June 2018, I decided, having regard to alternative laws in our statute books (including provisions in the Penal Code), to only turn to the Sedition Act as a measure of last resort.
"Because the Sedition Act is still a law, it cannot be totally disregarded. That can only occur if Parliament repeals it," he said.
However, Thomas stated, the policy of the Attorney-General's Chambers has been to review sedition cases still in the courts as of May 2018 on an individual basis.
"We only act on written representations from an accused or his lawyer," he said.
Thomas said the failure to do this caused the case of independent preacher Wan Ji Wan Hussain (photo) not to come to his attention.
Wan Ji, who was sentenced to nine months' jail on a 2014 sedition charge, had his sentence enhanced to a year after the Shah Alam High Court allowed a cross-appeal by the prosecution.
The cross-appeal was made on April 9, 2018, a month before the current administration took office.
The preacher's sedition charge was over a Facebook post about Sultan Sharafuddin Idris Shah of Selangor.
'Cannot be ruled out'
Thomas went to on say that until it is repealed, the usage of the Sedition Act cannot be ruled out, especially given the increasing presence of online hate speech.
"The increased volume of hate speech, particularly online, relating to race, religion and royalty in our plural society means that freedoms of speech and expression are being abused.
"The challenge for the chambers has been to balance enhanced freedom of speech after GE14 with widespread hate speech which hurt the feelings of our people.
"When prosecution has to occur, we will rely on the Penal Code, but where there are no alternatives under our laws, in appropriate cases we cannot rule out applying the Sedition Act, until it is repealed," he said.
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