A look back at the sedition persecution in Malaysia — Vince Tan

SEPT 2 — A year ago, one of my lecturers Associate Professor Dr Azmi Sharom was charged with sedition. He was not the only one as many others from academics to lawyers, students to activists and not to mention opposition politicians were caught in the sedition dragnet.

The charge against Dr Azmi Sharom in particular was seen as an attack on academic freedom as he was commenting on the Perak Constitution Crisis back in 2009 and it was reported online. 

Such prosecution would undoubtedly leave an unwanted precedent in academia which would lead to a culture of fear where self-censorship is practised in our speech, writing, performance and many other kinds of expression.

The reason I am writing this piece is so that we do not forget easily the crimes that were committed against democracy and human rights. In a country where many of such violations against human rights and undemocratic practices prevail, we move on from one issue to another too fast thus allowing us to forget the injustice that happened in the past. I hope this article will allow its readers to take a look at the Sedition Act from a different perspective.

In law school, we study a subject called Jurisprudence. This subject in particular teaches us the philosophy behind the law. John Austin describes law as the “command of the sovereign backed by sanctions” and Karl Marx views law as a tool used by the ruling class to oppress the lower class. Law is never portrayed as a legislation representing the will of the people and is usually advocated by the “ruling class” upon the people. The Sedition Act is a fine example of the definition of law as explained by Marx.

The origin of the Sedition Act can be traced back to our former colonial masters, the British, who enacted the law in reference to the one in Britain. The Sedition Act was designed to curb dissenting voices back in pre-independence Malaya, particularly those who are sympathisers of the leftist nationalist movement and the Communist Party of Malaya. Today the law is used by a new form of “ruling class” to oppress the citizens of this country who play the role of being the voice of conscience for the people.

Putting Jurisprudence aside, let us take a moment and think about how the Sedition Act affects the ordinary man on the street. First and foremost, we cannot deny that legal persecution has left a culture of fear among Malaysians. 

The fear to speak out on issues affecting us is evident when we self-censor ourselves to make sure we do not speak on matters which might get us into trouble. We tend to sweep certain issues under the carpet because it is sensitive and this does not do us any good if we cannot sit down and talk about our differences and problems just because it is sensitive.

The Sedition Act is also a fine example of how a law can be used to shut our minds and mouths altogether. The Sedition Act has now been amended to further strengthen its punishment which now includes a mandatory minimum sentence of imprisonment for at least three years and maximum seven years. 

The courts now have no discretion to allow mitigation against the jail sentence. Even first-time offenders & youth offenders are not exempted from imprisonment under a sedition offence. The courts are also disallowed from giving a bond of good behaviour to the offender.

It is important to note that although criticism against the government and the administration of justice are no longer deemed to be seditious in the new amendment, however the punishment alone is enough to strike fear in the hearts of people not to say anything sensitive relating to race, religion, monarchy and secession even though it is an academic discussion.

It is undeniable that with social media and online media youths are now capable of expressing their views more effectively as well as acquire more accurate information by doing their own research. 

The law steps in as a game-changing initiative by the government to restrict the flow of ideas and information by forcing self-censorship by writers and readers in both new and traditional media. In Azmi Sharom’s case, academia would inevitably be affected by such self-censorship in their research work.

Due to the rise of activism in academia, both students and lecturers alike are taking a more active role in society nowadays and not confine knowledge and ideas in the classroom. Academics like Azmi Sharom take the centre stage in public forums and lectures on human rights and current issues are a more effective way of educating the public than publishing research papers which are read only by those in academia. 

Students on the other hand are engaging with the public in a more creative way. They use social media for events mobilisation as well as campaign advocacy. On the other hand, traditional media is also properly utilised to spread awareness of issues. 

For instance, radio interviews about current issues and events on BFM 89.9 and Durian Asean. It would be safe to say that the amendment to the Sedition Act intends to curb activism altogether.

With the recent amendments to the Sedition Act, the courts are empowered by the application of the Public Prosecutor to remove any online posting deemed seditious. The court can also make an order prohibiting the publication of any material deemed seditious. Such powers are now vested upon the Sessions Court as compared to the High Court prior to the amendments.

Any person having in possession prohibited publications must hand the materials into the custody of police and in cases of electronic publication must be removed wholly or partly. Those who do not comply with the prohibition order will be liable to a fine and in default of payment liable to imprisonment. It would be safe to assume that such restrictions are aimed at curbing freedom of expression online.

Press Freedom in Malaysia is ranked at 147^th in the Global Press Freedom Index and the recent suspension of The Edge Financial Daily and The Edge Weekly shows that laws (Printing Presses & Publication Act) are once again utilised to serve the will of the political masters. When will the government learn that laws are enacted for the good of the people and not the other way around?

The trend nowadays is no longer the Sedition Act. Section 124B of the Penal Code is used instead to arrest and intimidate activists and opposition politicians. I myself was arrested and investigated under this section for an alleged offence of committing activities detrimental to parliamentary democracy. Malaysia does not lack laws which curbs freedom, it lacks laws which encourages freedom.

We all seek that ever too distant utopia where all Malaysians can live together peacefully and free from oppression but to do so one must be able treat fellow human beings with the respect they deserve and respect their freedom of expression. For that utopia to even exist we must do our part as loving Malaysians, not only to speak up against injustice and oppression but take also to take action progressively to make change happen.

Happy Aniversary, Dr Azmi!

Happy Birthday Solidarity4AzmiSharom.

* The writer is the coordinator of the Solidarity4AzmiSharom campaign and is currently with Progressive University of Malaya as its Secretary General.

** This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail Online.