Malaysia's federal court dismisses Sedition Act challenge by law lecturer
All five judges ruled that the act dos not contradict 10 of Malaysia’s constitution, which details freedoms of speech, assembly and association
Malaysia’s federal court has dismissed a challenge that a sedition law implemented under the British empire is unconstitutional, prolonging the government’s ability to quell political opposition.
Law lecturer Azmi Sharom challenged the constitutionality of the 1948 Sedition Act after he was charged for an article he wrote about the Sultan of Perak, one of the south-east Asian nation’s constitutional monarchs.
If convicted, Azmi will face three years in prison or a maximum fine of RM5,000 (HKD$9,000), or both.
The ruling will affect around 30 politicians and activists who have been charged under the act during the past year in what Malaysian media largely refer to as a “sedition dragnet”.
Many of the cases concern criticism of the ruling party or the prime minister, Najib Razak, who has further cracked down on dissent in the wake of the worst financial scandal of his career.
All five judges ruled that the act does not contradict article 10 of Malaysia’s constitution, which details freedoms of speech, assembly and association.
“I’m very very disappointed, not for me personally but for all of us in this country,” Azmi told reporters after court proceedings. “Today is a sad day for civil liberty.”
Although the law has since been amended, it retains much of its original intent when introduced by the British to curb opposition against colonial rule. The act criminalises “hatred or contempt or to excite disaffection against any ruler or against any government."
Azmi’s colleagues from the University of Malaya as well as around 100 political activists and students stood outside the court on Tuesday as a show of support.
Malaysian human rights and law reform group Lawyers for Liberty said in a statement that it was extremely disappointed with the verdict “that upheld the constitutionality of the Sedition Act despite its manifest antiquated, illiberal and undemocratic nature”.
Executive director Eric Paulsen said the law has been used in a selective manner targeting opposition politicians while leaving members of the prime minister’s ruling UMNO party alone for similar rhetoric. One politician was charged last year for saying “damn UMNO”.
“The rampant and indiscriminate use of the Sedition Act ... functions as a catch-all provision to target all and sundry for anything that is remotely contentious, thus stifling democratic norms and creating a climate of fear,” he said.
Malaysian opposition parliamentarian Tony Pua said that more than a dozen opposition MPs who are being investigated or charged under the act will now “also run the risk of losing their seats if and when they are found guilty under the onerous and draconian law”.
The crackdown on dissent was accelerated this summer following allegations that hundreds of millions of dollars linked to a Malaysian state fund had dropped into Najib’s personal bank accounts.
The prime minister denied allegations but also sacked four ministers, his attorney general and deputy prime minister in a bid to disarm his critics.
Authorities also temporarily blocked two news publications and a British-based whistle-blowing website run by Gordon Brown’s sister-in-law.
