NGOs urge Malaysian PM to repeal Sedition Act, citing free speech concerns

A coalition of NGOs, including Suara Rakyat Malaysia (Suaram), Aliran, Undi18, Centre for Independent Journalism (CIJ), Teoh Beng Hock Trust for Democracy, Bersih, Article 19, and Lawyers for Liberty, has urged Malaysian Prime Minister Anwar Ibrahim to repeal the Sedition Act 1948. The group, known as Gerakan Hapus Akta Hasutan (GHAH), believes the Act is incompatible with international standards of freedom of expression due to its ambiguity, which allows authorities to arbitrarily enforce it and criminalise speech.

The group stated in an open letter, “Whilst amendments were made to the Act in 2015, it is still to this day being used by state actors to criminalise dissent, especially among activists, members of the media and opposition lawmakers.” They further explained that as long as an individual’s conduct, word, or publication is perceived to have a “seditious tendency,” the government can investigate, arrest, detain, or charge the person.

GHAH also highlighted the parliamentary reply given by National Unity Minister Aaron Ago Dagang, who said the Act would continue to be enforced alongside other existing laws to “handle any action that relates to racial or religious sensitivities”. The group criticised the penalties under the Sedition Act 1948 as disproportionately heavy, with first-time offences incurring a hefty fine of US$1,200 or imprisonment of up to three years.

The coalition pointed out that the Pakatan Harapan (PH) coalition, led by Anwar, had consistently promised to repeal or revoke the Act in its manifesto for the past two general elections. The group urged the Prime Minister, “As the flagbearer of institutional reform, we ask that you break away from past cycles of repression and take concrete steps to repeal this archaic piece of legislation.”

The NGOs insisted that freedom of expression is a fundamental right that the government must uphold, regardless of politics or the current sociocultural context, due to its importance to democracy.