The Malaysian Sedition Act of 1948

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The Malaysian Sedition Act was adopted by the British colonial government in 1948. It is used to deal with the threats precipitated by the ‘communist insurgency’. When Malaysia gained its independence on August 31st, l957 the Sedition Act continued as a Malaysian statute by the operation of Article 162(1) of the Federal Constitution (the Constitution).
The Sedition Act 1948 is a restraining law. It tells people what to do and what not to do. It is an archaic British law which introduced to Malaya in 1948 and amended shortly after the year 1969 riots. The founding fathers of the nation did not legistate it. It was actually imported directly to become our law and was retained after Merdeka. The last prosecution for sedition in the United Kingdom was in 1972. In the UK, sedition as an offence was effectively abolished in 2010. The Act has a very wide definition of ‘sedition’ and places many limitations on freedom of expression, particularly regarding to the sensitive political issues. This legal uncertainty very much favours to the prosecutor. It means that the seditious is not just a legal but also a political issue.The Sedition Act was then amended to prohibit as a ‘seditious tendency’ in 1970.
The Sedition Act 1948 applies to any act, speech, words or publications. And there are five important terms that can be interpreted in the Act, such as, the Government, the Publication, the Ruler, the Seditious and the words. Under “Government” means the Government of Malaysia and of any State in Malaysia; under “Publication”, the Act interprets it as anything written or printed which containing any visible representation or by its form, shape or in any other manner capable of suggesting words or ideas, and every copy and reproduc...

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...hat the Attorney General had used a double standard in a statutory rape case involving a 15 year old female constituent. He had questioned the fact that the victim was placed in a detention home for a period of three years while one of the alleged perpetrators, the Chief Minister of Melaka was not charged. In l994 corruption charges had been brought against the Chief Minister following a number of reports by Lim Guan Eng. As a result of his conviction, he is barred from sitting as a Member of Parliament for 5 years from the date of his release.
3. In September l998, Dr. Wan Azizah, wife of Anwar Ibrahim, was arrested under the Sedition Act for expressing concern for her husband’s well being in police custody. She was arrested for expressing this concern after Anwar Ibrahim had been severely beaten by the Chief of Police, but before Wan Azizah knew of the beating.

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