It's Law!

A blog about basic legal stuff...

Thursday, July 12, 2012

Farewell Sedition, Hello National Harmony!

The Sedition Act 1948 will be repealed and replaced with a new National Harmony Act.

Provisions in the new Act would focus on instilling and protecting harmony within our society from the action of irresponsible people. It would allow the Government to act against those who use sensitive issues to divide national unity. 

Under the proposed Act, any attempt by anyone to pit the community against each other would be considered a crime against the people of Malaysia.

The new Act would maintain the Government's powers to act against:-

  • those inciting hatred in order to give rise to disloyalty to the Yang di-Pertuan Agong or any Malay Ruler; 
  • those who spread ill will and animosity between races; 
  • and those who question any right, special position, privileges and prerogatives enshrined and protected under Part 3 or Articles 152, 153 and 181 of the Federal Constitution.

The decision to repeal and replace the Sedition Act was made under the country's political transformation plan in an effort to balance between guaranteeing every citizen's freedom of expression and the need to tackle the complex nature of the country's multi-racial and multi-religious society.


*** About the Sedition Act ***

In 1948, the Sedition Act was enacted by the British colonial government to combat the Communists. Amendments were made through an Emergency Ordinance 1971, not long after the riots of 1969, to criminalise any questioning on citizenship, national language, the special positions of the Malays and the rights of other races, and the Rulers’ sovereignty that are stated in the Federal Constitution.

Historically, the Sedition Act has been invoked against those critical of the government, including members of parliament. Under the Act, members of parliament can have their parliamentary immunity suspended, if found guilty of sedition. Over the years, many have been charged and found guilty under the Act.

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