KUALA LUMPUR, April 8 — Amendments to the Sedition Act that seek to impose minimum penalties and disallow bail for accused individuals directly intrude upon the discretionary powers of the judiciary, Malaysian Bar president Steven Thiru said today.
While criticising the proposed changes to the colonial-era law as a “serious encroachment” on freedom of speech, Steven sounded the alarm over the clauses that will prevent a judge from exercising his judgement when hearing cases under the Sedition Act.
“What is more serious is the fixing of a minimum sentence, which is an interference with judicial discretion on sentencing,” he said in a statement today.
He pointed out that the amendments would prevent a judge from meting out sentences less than the minimum three years and remove any discretion to discharge an individual convicted under law either conditionally or unconditionally.
Judges will also not be allowed to make any distinction between a first-time and a repeat offender, he added.
“These are all sentencing discretion that are always left to the judge but have now been taken away. The government is curtailing the judiciary,” Steven said.
Further, Steven noted that Putrajaya was also seeking to disallow bail for cases of aggravated sedition that involve “bodily harm or property damage,” calling the removal of judicial discretion on bail “unprecedented and unjustified”.
Aside from the interference on the judiciary, he also criticised Putrajaya for seeking to raise the punishments for the “poorly-defined” offence of sedition that allows an individual to be punished even when speaking the truth and disregards a person’s motive.
“The amendments are repugnant to the Rule of Law,” he concluded.
Tabled yesterday, the changes to the Sedition Act would decriminalise criticism against the government, but make it an offence to excite “ill will, hostility or hatred” on the grounds of religion and race as well as to demand the secession of a state from Malaysia.
They maintain existing prohibitions against exciting disaffection against the rulers or questioning issues such as Bumiputera privileges.
The amendments will also impose jail terms of between five and 20 years on those who cause bodily harm or property damage in a seditious act, and imprisonment of between three and seven years for non-violent acts of sedition.
Putrajaya previously pledged to repeal the Sedition Act that critics say is used to stifle political opposition and dissent, but later announced in November last year that it will be retained and expanded instead.
