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Sedition, CMA laws still used to curb freedom of expression, claims Suaram

KUALA LUMPUR: The Sedition Act of 1948 and the Communications and Multimedia Act 1998 (CMA) continue to be used by the federal administration to curtail freedom of expression, said Suara Rakyat Malaysia (Suaram).

In its recently launched annual Human Rights Report, Suaram reported 28 cases under the Sedition Act, which saw a 65 per cent increase, while the CMA reported 97 cases last year.

The group said the numbers in the Sedition Act had risen to the level seen during the Perikatan Nasional administration in 2021 — the highest in six years.

"Measures such as warnings by government officials and the establishment of investigation forces were implemented to exert more restrictive control over discussions involving sensitive topics like race, religion, and royalty.

"Of the 24 cases still under investigation, all but two involved Section 233 of the CMA along with Section 4(1) of the Sedition Act 1948.

"Exceptions included remarks by the Pas president, who questioned the Pardons Board's authorisation during a political event held for the Simpang Jeram by-election, and a civilian's statement over the government's stance on Israel.

Suaram said that in three out of four cases that occurred in 2023, all involved opposition politicians and were brought to court.

"These instances accounted for just over 10 per cent of the total cases deemed prosecutable in 2023.

"This proportion significantly drops to less than 2 per cent of the 960 Sedition Act 1948 cases investigated by the government between 2010 and September 2023."

Suaram said there was a significant gap between investigation and prosecution rates, suggesting an arbitrary application of these laws, ultimately stifling free speech and dissent.

"The application of this act does not reflect the government's consideration of confining the scope of the legislation's application to 'insults' against royalty, which consisted of only just over 40 per cent of cases."

Previously,it was reported that the government had agreed to begin amending a number of legislation, including the controversial Sedition Act 1948.

Home Minister Datuk Seri Saifuddin Nasution Ismail said this was to ensure that 3R (race, religion and royalty) issues were effectively managed.

He said the review would also involve the Communications and Multimedia Act 1998, as well as the Penal Code. The cabinet, he said, had given its nod to the move.

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