Sedition Laws in Malaysia

The recent arrest of Wong Chin Huat, a political scientist on the allegation of Sedition bring back the usual question of Sedition Laws. Sedition is used, in many instances, by authorities to curtail or limit free speech.

Freedom of Speech is guaranteed in Malaysia, via Article 10 of the Federal Constitution, but of course, with freedom to speak, comes also responsibilities. It is imperative that the people be guided on the responsibilities when speaking, and not blanket laws against speaking.

A look at Section 4 of the Sedition Act will show that we are unsure by whose standards, one can be guilty of a sedition statement:-

Section 4 Sedition Act 1948

(1) Any person who -

(a) does or attempts to do, or makes any preparation to do, or conspires with any person to do, any act which has or which would, if done, have a seditious tendency;

(b) utters any seditious words;

(c) prints, publishes, sells, offers for sale, distributes or reproduces any seditious publication; or

(d) imports any seditious publication,

shall be guilty of an offence and shall, on conviction, be liable for a first offence to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both, and, for a subsequent offence, to imprisonment for a term not exceeding five years; and any seditious publication found in the possession of the person or used in evidence at his trial shall be forfeited and may be destroyed or otherwise disposed of as the court directs.

(2) Any person who without lawful excuse has in his possession any seditious publication shall be guilty of an offence and shall, on conviction, be liable for a first offence to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding eighteen months or to both, and, for a subsequent offence, to imprisonment for a term not exceeding three years, and the publication shall be forfeited and may be destroyed or otherwise disposed of as the court directs.