Friday 26 Apr 2024
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(Apr 7): In a bid to "strengthen" the Sedition Act 1948, Putrajaya today tabled a bill to amend the colonial-era law to include a provision where bail would be denied to those charged under the act.

The proposed Sedition (Amendment) Bill 2015 will include two new sections – 5A and 5B. Section 5A states that a person charged under Subsection 4(1)(a) and if there is a certificate in writing by the public prosecutor stating that it is not in the public interest to grant bail to the accused, no bail will be granted.

The other section states that the court will have the power to prevent those charged under Section 4 of the Sedition Act and released on bail, from leaving the country by ordering them to surrender their travel documents for a certain period.

The bill also seeks to introduce a clause that will "make clear" that any act of inciting any person or group to demand for the secession of any state from Malaysia is deemed seditious. Such a demand is already considered seditious under the current act.

Home Minister Datuk Seri Ahmad Zahid Hamidi tabled the bill for first reading in Parliament today.

Other amendments to the Sedition Act include a clause that says it will no longer be an offence under the act if anyone brings hatred and contempt or incites disaffection against the government.

Putrajaya said this is in line with its efforts to be "more open" where the public is at liberty to be give feedback or criticise the government so as to create a transparent and accountable administration.

The new Section 5A is also in line with the proposal to impose a higher penalty for sedition offences involving bodily injury and damage to property.

It will also no longer be an offence to bring into hatred, contempt or disaffection against the administration of justice in Malaysia, under a new sub-clause.

However, the bill will also see the introduction of a new paragraph to make it an offence for anyone to promote ill-will, hostility or hatred against another person or group on the grounds of religion.

The bill is seeking to increase the penalty for those convicted of offences under the Sedition Act, with a minimum of three years imprisonment and a maximum of five years.

Previously, those convicted for the first time can be sentenced to up to three years in jail while those convicted for the second time can receive a punishment of up to five years' imprisonment.

Prime Minister Datuk Seri Najib Razak had repeatedly promised to abolish the Sedition Act since 2011 but at the Umno general assembly last year, he reneged on his word and said the law would be retained and "strengthened".

Critics said Najib had bowed to pressure from Umno grassroots and some Malay groups to retain the law, which they said would protect the position of the Malays, Islam and the royalty.

Putrajaya has been on a sedition blitz against a slew of individuals, including opposition politicians, activists, academics, lawyers, journalists and Muslim preachers who have either been charged with sedition, are facing trial, or under investigation under the law.

Cartoonist Zulkiflee Anwar Ulhaque, more popularly known as Zunar, was slapped with nine sedition charges on April 3 over his tweets on Datuk Seri Anwar Ibrahim's sodomy conviction.

Last week, two senior executives and three editors from The Edge and The Malaysian Insider were arrested under the Sedition Act over a report published on March 25, which said the Conference of Rulers had rejected a proposal to amend a federal law that would pave the way for hudud to be enforced in Kelantan.

In its explanation to justify the amendments to the bill, Putrajaya said today that events since that day have shown that the draconian law was relevant in tandem with recognition for the need for enhance and safeguard against its misuse to stem legitimate criticism of the government and discussion of issues of concern to Malaysians.

"Among the issues of concern are the increasingly harmful and malicious comments, postings and publications that jeopardise the valued ideals of Malaysia – tolerance, racial and religious harmony.

"Even more alarming are the calls for secession of states in the Federation of Malaysia established by the consensus of the peoples of Malaysia and unwarranted attacks against the sovereign institutions of Malaysia, the Yang di-Pertuan Agong and the ruler of the states," it said.

This comes after former police chief Tan Sri Abdul Rahim Noor warned Putrajaya that Sabah and Sarawak may decide to leave the federation of Malaysia if the government allowed Kelantan to go ahead with its plan to implement hudud.

Last month, four people were charged with sedition in Kota Kinabalu, Sabah, for allegedly possessing materials urging Sabah and Sarawak to leave Malaysia.

The materials are said to be linked to the Facebook page Sabah Sarawak Keluar Malaysia, which advocates the two Bornean states leave the federation of Malaysia. – The Malaysian Insider      

 

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