Malaysia’s king has stepped down – but watch what you say about the throne

The country’s Conference of Rulers is deciding who becomes the next king following a shock abdication

But colonial-era sedition laws have been used against civilians criticising the monarchy, sparking ire and raising questions on freedom of speech rights

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The shock abdication of Malaysia’s Sultan Muhammad V – seen here with Prime Minister Mahathir Mohamad – has prompted speculation about his successor. Photo: AFP

Published: 12:30pm, 12 Jan 2019Updated: 6:47pm, 12 Jan 2019

As Malaysia’s nine-member Conference of Rulers deliberates who will become the country’s next Yang di-Pertuan Agong, or king, following a shock abdication last week, colonial-era sedition laws have been used against civilians critical of the monarchy – raising questions on freedom of speech rights under the administration of Prime Minister Mahathir Mohamad.

To date, three individuals have been arrested under the Sedition Act, which criminalises “inciting” speech, for allegedly insulting the monarchy. In a statement, Police Inspector General Mohamad Fuzi Harun cautioned the public against making provocative remarks about royalty on social media. Under Malaysian law, it is an offence to “bring into hatred or contempt or to excite disaffection against any ruler”, with a penalty of up to three years imprisonment or a fine if found guilty.

The Pakatan Harapan government had before the elections pledged to repeal the Sedition Act, along with other draconian laws. Although no time frame was set, a moratorium was placed on the act’s use. In December, following violent riots over the proposed relocation of a Hindu temple just outside the nation’s capital, the Home Ministry lifted the moratorium ostensibly as part of efforts to maintain order.

Along with the arrest of three individuals, there have been several reports of employees sacked after making remarks about the king on their personal social media – a move roundly criticised by the public and the legal fraternity.

“An employee does not waive his right to freedom of expression when he enters into an employment contract,” said top human rights lawyer Surendra Ananth, who explained that while an employer might be entitled to regulate the conduct of employees at work in or out of the office, it cannot regulate what an employee does in his or her private life.