Sedition Act 1948
1.0 Introduction
In this Act, Government means the Government of Malaysia and of any State in Malaysia. Publication includes all written or printed matter and everything whether of a nature similar to written or printed matter or not containing any visible representation or by its form, shape or in any other manner capable of suggesting words or ideas, and every copy and reproduction or substantial reproduction of any publication. Ruler means the Yang di-Pertuan Agong or the Ruler or Yang di-Pertua Negeri of any State in Malaysia. Seditious when applied to or used in respect of any act, speech, words, publication or other thing qualifies the act, speech, words, publication or other thing as one having a seditious tendency. Words includes any phrase, sentence or other consecutive number or combination of words, oral or written.
The Malaysian Sedition Act 1948 disregards this vital prerequisite by substituting ‘intention’ with the idea of a ‘seditious tendency’. The Act clearly specifies, in section 3(3), that the intention of an accused person is irrelevant if they committed an act which has a seditious tendency. Thus an individual who had no intention of committing sedition can be imprisoned for up to three years simply as a result of uttering something which, for example, causes certain individuals to become discontented.
The crime of sedition is specified in Section 4 of the Sedition Act of 1948. The offence, which may attract a sentence of up to three years’ imprisonment and/or a fine of up to RM5,000 (approximately US$1300), is defined in section 4 of the Sedition Act. Anyone who, “does or attempts to do, or makes any preparation to do, or conspires with any person to do” any act which has or would have a seditious tendency, who utters any seditious words, or who prints, publishes or imports any seditious publication is guilty of sedition.
Furthermore, it is a crime to have in one’s possession, without lawful excuse, any seditious publication. The
In this Act, Government means the Government of Malaysia and of any State in Malaysia. Publication includes all written or printed matter and everything whether of a nature similar to written or printed matter or not containing any visible representation or by its form, shape or in any other manner capable of suggesting words or ideas, and every copy and reproduction or substantial reproduction of any publication. Ruler means the Yang di-Pertuan Agong or the Ruler or Yang di-Pertua Negeri of any State in Malaysia. Seditious when applied to or used in respect of any act, speech, words, publication or other thing qualifies the act, speech, words, publication or other thing as one having a seditious tendency. Words includes any phrase, sentence or other consecutive number or combination of words, oral or written.
The Malaysian Sedition Act 1948 disregards this vital prerequisite by substituting ‘intention’ with the idea of a ‘seditious tendency’. The Act clearly specifies, in section 3(3), that the intention of an accused person is irrelevant if they committed an act which has a seditious tendency. Thus an individual who had no intention of committing sedition can be imprisoned for up to three years simply as a result of uttering something which, for example, causes certain individuals to become discontented.
The crime of sedition is specified in Section 4 of the Sedition Act of 1948. The offence, which may attract a sentence of up to three years’ imprisonment and/or a fine of up to RM5,000 (approximately US$1300), is defined in section 4 of the Sedition Act. Anyone who, “does or attempts to do, or makes any preparation to do, or conspires with any person to do” any act which has or would have a seditious tendency, who utters any seditious words, or who prints, publishes or imports any seditious publication is guilty of sedition.
Furthermore, it is a crime to have in one’s possession, without lawful excuse, any seditious publication. The