Criticising govt still Sedition Act offence despite 2015 repeal

The Najib Abdul Razak administration amended the Sedition Act in 2015 to make it not an offence to criticise the government.

However, almost a decade later, the amendments are still not in force, as Home Minister Saifuddin Nasution Ismail indicated in a written parliamentary reply.

The 2015 amendments struck out the words "or any government" from Section 3(1)(a) which states "to bring into hatred or contempt or to excite disaffection against any ruler or against any government" as a seditious tendency punishable under the law.

It also removed Section 3(1)(c) "to bring into hatred or contempt or to excite disaffection against the administration of justice in Malaysia or in any state" in its entirety, among other changes.

However, Saifuddin, in a written reply dated Monday, Oct 28, listed both the un-amended Section 3(1)(a) and 3(1)(c) as punishable seditious tendencies under the Sedition Act.

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Checks with the government's Laws of Malaysia portal confirmed that the 2015 amendments, though gazetted, are still not in force.

Pakatan Harapan had pledged to review and repeal laws like the Sedition Act, but has not moved towards that goal now that it is in government.

Saifuddin has said that the government plans to amend the Sedition Act, but has not provided any updates.

Saifuddin had listed the seditious tendencies offences while explaining to Siti Mastura Muhammad (PN-Kepala Batas) how police are guided by the Sedition Act, Penal Code and Communications and Multimedia Act (CMA) in pursuing 3R (race, royalty, religion) cases.

On the Penal Code, the minister said among the sections referred to are 298 (causing religious offence), 298A (using religion to disrupt public harmony), and 505(c) (statements inciting against any group or race).

As for the CMA, he said Sections 211 and 233 are used to regulate hateful 3R posting.

From 2022 to Sept 30 this year, police investigated 506 3R cases, of which 42 were brought to court.

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