‘Outdated law should not be invoked in democratic society, especially against those who raise issues in public forums’
PETALING JAYA: Two MPs have renewed calls for the repeal of the Sedition Act 1948 following the arrest of a journalist recently, saying the draconian colonial-era law has no place in a modern democracy and should never be used to silence questioning or debate.
Seputeh MP Teresa Kok said the law is outdated and should no longer be invoked in a democratic society, especially against journalists and individuals who raise issues in public forums.
“In a mature democracy, criticism, questioning and debate should be allowed, not criminalised,” she said, adding that Pakatan Harapan has long advocated for repealing the Act and it is time to revisit the issue.
Kok, a former minister and senior DAP leader, also questioned the application of the Communications and Multimedia Act 1998 in cases in which no online content was uploaded or circulated.
“The Act was designed to regulate misuse of networks and platforms, not verbal questions raised in a physical setting,” she told theSun, adding that its use in such circumstances should be reviewed.
The renewed calls follow the arrest of former Free Malaysia Today journalist Rex Tan, who resigned shortly after the incident.
Tan had posed a question during an open forum on the Palestinian issue on Jan 12, at which British politician George Galloway was a speaker. His question referenced historical parallels drawn by author Han Suyin between colonial-era Malaya and Palestine.
His question of “how can we deal with this exclusive way of seeing ourselves and the people around us” was never acknowledged or answered.
Galloway rejected Han’s comparison and criticised the question during the event.
Police said on Jan 17 investigations had been opened after a video of the exchange circulated and three reports were lodged.
Home Minister Datuk Seri Saifuddin Nasution Ismail affirmed that the arrest was carried out in accordance with legal procedures and was not meant to restrict freedom of expression.
Tan is being investigated under Section 4(1) of the Sedition Act 1948, Section 505(c) of the Penal Code and Section 233 of the Communications and Multimedia Act 1998.
He was released on police bail after his statement was recorded and his phone seized.
Jelutong MP RSN Rayer said the Sedition Act 1948 should never have been used on anyone, including Tan.
“I was charged, tried and acquitted under the Act. I know how draconian and unfair this law is.”
Rayer added that his mentor, the late Karpal Singh, had also been charged with sedition and was only acquitted after his death.
He described the Act as an old and archaic piece of legislation, a relic of British rule that should be abolished without doubt.
He acknowledged that Tan may have used inappropriate language and made unnecessary references in raising the matter publicly, but said his arrest and remand under the Act were wrong.
He said other legislation, such as the Penal Code and the Communications and Multimedia Act 1998, already contain specific provisions to deal with such cases.
“However, if Tan did not upload or circulate any online content, the Penal Code itself is sufficient to investigate and, if necessary, charge him in court,” he said, referring to Section 504 of the Penal Code.
Rayer added that there is no such thing as absolute freedom of expression, especially in a multiracial country such as Malaysia.
“Arresting and detaining a journalist for posing questions at a public forum under the Sedition Act 1948 certainly does not augur well for Malaysia,” he said.
While acknowledging that Tan had admitted that his question was untimely, the MPs said the reaction and consequences that followed were disproportionate and would be misconstrued internationally as being misaligned with the principles of freedom of expression.
Former Batu MP Tian Chua said the arrest appeared to be overkill and agreed that the Act should be repealed, but said the case has not yet caused substantial damage to freedom of expression unless charges are filed.
