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The Sedition Act
The Sedition Act, originally enacted by British colonial authorities, limits free expression by broadly criminalizing any speech that is judged to have a "seditious tendency," including speech which tends
to "bring into hatred or contempt or to excite disaffection against" the government, promote "feelings of ill-will and hostility between different races," or question constitutional preferences in business, education, and government employment opportunities given to Malays and natives of Sabah and Sarawak. The speaker's intent and the statements' veracity are irrelevant. A violation of the act is punishable by up to three years in prison, a 5,000 ringgit fine (about U.S. $1,315), or both.
The act's vague language invites selective application against political opponents for any kind of criticism. Indeed, it was used in January 2000, shortly after the national elections, against opposition figures who criticized the government. Such expression is a basic right guaranteed by internationally recognized human rights standards. In addition, although numerous police reports alleging acts of sedition were filed against ruling party officials and allies during the same period, only opposition figures were arrested. Human Rights Watch calls on the Malaysian government to ensure that the law is not used for politically motivated proceedings against activists, attorneys, journalists, and opposition leaders. Those who peacefully express critical views should not be subject to arrest.
Marina Yusoff
Marina Yusoff, former vice president of the National Justice Party (Parti Keadilan Nasional), was arrested on January 12, 2000, for "provoking racial discord" in violation of Sedition Act §4(1)b. In a speech on September 29, 1999, Yusoff alleged told a mostly Chinese audience not to vote for UMNO (United Malay National Organization) because it started the massacres of Chinese during the May 13, 1969 race riots. Her trial was ongoing as of August 2000.
Zulkifli Sulong and Chia Lim Thye
Zulkifli Sulong, editor of the opposition newspaper Harakah, and Chia Lim Thye, who holds the permit for Harakah's printing company, were charged under the Sedition Act in January 2000 for an article relating to the Anwar sodomy trial allegedly written by Chandra Muzaffar, deputy president of the National Justice Party (Parti Keadilan Nasional). The article alleged that there was a government conspiracy against Anwar. Contempt charges brought against Muzaffar had been previously dismissed.
Chia pled guilty and received a fine in May 2000. Zulkifli pled not guilty, and his trial was ongoing in August 2000. If Zulkifli is convicted, he could be jailed and Harakah could lose its license. Already the Malaysian government has restricted the paper's publication to twice a month and restricted its circulation to members of the fundamentalist Islamic party, PAS. Harakah, whose circulation skyrocketed with its coverage of the Anwar trials, was formerly published eight times per month.
Karpal Singh
Karpal Singh, one of Malaysia's most prominent defense attorneys, lead counsel for Anwar, and deputy chairman of the Democratic Action Party (DAP), was arrested January 12, 2000, for statements he made in court during Anwar's sodomy trial. In September 1999, Karpal told the Anwar court that Anwar might have been poisoned, adding "I suspect that people in high places are responsible for the situation." His trial was scheduled to begin on July 18, 2000, but was postponed.
The government's use of the Sedition Act against Karpal Singh violates the United Nations Basic Principles on the Role of Lawyers, which states that "lawyers shall enjoy civil and penal immunity for relevant statements made in good faith in written or oral pleadings or in their professional appearances before a court." The charge also runs counter to Malaysian common law, which grants lawyers absolute privilege for all statements made during legal proceedings.
Lim Guan Eng
On August 25, 1998 outspoken opposition parliamentarian Lim Guan Eng was jailed after he lost an appeal before the Federal Court. The Court upheld his sentence of two concurrent eighteen-month prison terms for sedition and malicious publishing of false news in connection with statements he made and published in 1995 accusing the Malaysia's Attorney General of mishandling allegations of statutory rape of a schoolgirl made against the Chief Minister of Malacca. Because of his conviction, Lim Guan Eng was disqualified from being a member of parliament or holding elective office, was prohibited from holding any position in a political party for five years, and was barred from pursuing his profession as an accountant. He was released in 1999 after serving one year of his eighteen-month sentence.
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