769:, as by law established, or either House of Parliament, or the administration of justice, or to excite His Majesty's subjects to attempt otherwise than by lawful means, the alteration of any matter in Church or State by law established, or to incite any person to commit any crime in disturbance of the peace, or to raise discontent or disaffection amongst His Majesty's subjects, or to promote feelings of ill-will and hostility between different classes of such subjects." The Malaysian definition has of course been modified to suit local circumstance and in particular, it includes acts or things done "to question any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of Part III of the Federal Constitution or Article 152, 153 or 181 of the Federal Constitution."
412:, which permits Parliament to enact "such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, friendly relations with other countries, public order or morality and restrictions designed to protect the privileges of Parliament or of any Legislative Assembly or to provide against contempt of court, defamation, or incitement to any offence". Article 10(4) also states that "Parliament may pass law prohibiting the questioning of any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of Part III, article 152, 153 or 181 otherwise than in relation to the implementation thereof as may be specified in such law".
451:
established". It is also not seditious "to attempt to procure by lawful means the alteration of any matter in the territory of such
Government as by law established" or "to point out, with a view to their removal, any matters producing or having a tendency to produce feelings of ill-will and enmity between different races or classes of the population of the Federation". However, the act explicitly states that any matter covered by subsection (1)(f), namely those matters pertaining to the
676:
Act 1998 to prevent access to such publication.” Zahid Hamidi stated that these amendments were made because the changing political landscape where people can easily spread seditious remarks through the
Internet - "Last time, there was no Internet and non-verbal communication over social media. Those days, we didn't have groups of people inciting people (in Sabah and Sarawak) to get out of Malaysia.
588:(ISA), filed a police report against UMNO, whose annual general assembly had been noted for its heated rhetoric, with delegates making statements such as "Umno is willing to risk lives and bathe in blood to defend the race and religion. Don't play with fire. If they (non-Malays) messed with our rights, we will mess with theirs." In response, Information Minister
1193:
424:
is also a crime to possess a seditious publication without a "lawful excuse". The act defines sedition itself as anything which "when applied or used in respect of any act, speech, words, publication or other thing qualifies the act, speech, words, publication or other thing as having a seditious tendency".
692:
have made consistent claims that the
Sedition Act is an attack on the freedom of speech in Malaysia. Critics argue that the definition of sedition in the Act is vague or overly "broad and inflexible", which could "potentially lead to an "overreach" or an "abusive application of the law". In November
675:
The new section 10A also gives the courts special powers to issue orders involving prohibited publication through electronic means. If the publication is considered to be seditious, "the
Sessions Court Judge shall make an order directing an officer authorized under the Communications and Multimedia
458:
Section 3(3) goes on to state that "the intention of the person charged at the time he did or attempted (a seditious act) ... shall be deemed to be irrelevant if in fact the act had, or would, if done, have had, or the words, publication or thing had a seditious tendency". This latter provision has
423:
Section 4 of the
Sedition Act specifies that anyone who "does or attempts to do, or makes any preparation to do, or conspires with any person to do" an act with seditious tendency, such as uttering seditious words, or printing, publishing or importing seditious literature, is guilty of sedition. It
419:
advocates, who charge that "under the
Malaysian Constitution, the test is not whether or not the restriction is necessarily but the much lower standard of whether or not Parliament deems the restrictions necessary or even expedient. There is no objective requirement that the restriction actually is
350:
agreement between the Malay and non-Malay citizens of
Peninsular Malaysia; in return for granting the non-Malays citizenship at independence, symbols of Malay authority such as the Malay monarchy became national symbols, and the Malays were granted special economic privileges.) With this new power,
200:
in 1948 to contain the local communist insurgence. The act criminalises speech with "seditious tendency", including that which would "bring into hatred or contempt or to excite disaffection against" the government or engender "feelings of ill-will and hostility between different races". The meaning
667:
The amended section 10 empowers the court to make a prohibition order to prohibit the making or circulation of any seditious publication if the continued circulation of the publication would likely lead to "bodily injury or damage to property" or "feelings of ill will, hostility or hatred" between
616:
has made several promises to abolish the
Sedition Act. However in 2015, he went back on his word and made amendments to the 1948 Act that strengthened it instead. For example, it included an online media ban and mandatory jail following the arrest of a Malaysian cartoonist over a series of tweets.
450:
Section 3(2) provides certain exceptions, providing examples of speech which cannot be deemed seditious. It is not seditious to "show that any Ruler has been misled or mistaken in any of his measures", nor is it seditious "to point out errors or defects in the
Government or Constitution as by law
644:
After the word "publishes", the words "or caused to be publish" has now been added under
Section 4. It also substituted the word "import" to "propagate" seditious publication under Section 4. The Act does not clearly define what "propagate" means. Some people, including an article published by
764:
See for example James Fitzjames Stephen's "Digest of the Criminal Law" which states that under English law "a seditious intention is an intention to bring into hatred or contempt, or to exite disaffection against the person of His Majesty, his heirs or successors, or the government and
651:, have claimed that these amendments were made with current forms of dissent in mind, such as critical postings on social media. This is because individuals can now be charged with sedition for retweeting or reposting content, without being the original publisher of that content.
434:(b) to excite the subjects of the Ruler or the inhabitants of any territory governed by any government to attempt to procure in the territory of the Ruler or governed by the Government, the alteration, otherwise than by lawful means, of any matter as by law established;
671:
The new Section 10(1A)(b) allows the court to make a prohibition order to "remove any Seditious publications which is made by electronic means such as online publication" and prohibits the person circulating the prohibited publication from using any electronic devices.
693:
2020, Amnesty International Malaysia launched a virtual campaign called "Unsilenced" to urge the Malaysian government to repeal and amend the laws that suppress the freedom of speech in Malaysia. The Sedition Act is one of these laws, other laws include the
399:
There have been several challenges to the constitutionality of the Sedition Act. In 2016, Malaysia's Court of Appeal ruled that the section of the Act which states that the intention of a person charged under the Act is "irrelevant" was unconstitutional.
446:(f) to question any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of part III of the Federal constitution or Article 152, 153 or 181 of the Federal Constitution.
592:
said that this indicated that the Sedition Act continued to remain relevant to Malaysian society. He also denied that the government intentionally used the act to silence dissent or to advance particular political interests.
625:, stated that the "unity of the country remains our topmost priority," and that the Act is not meant to suppress the freedom of speech, but to prevent people from making statements that would "destabilise the country".
620:
The government has said that these amendments were made to prevent malicious individuals from using the Internet to cause racial disharmony and divisions in Malaysian society. Former Minister of Home Affairs,
532:, a former Member of Parliament from the opposing party DAP, had also been found guilty of sedition in 1998 for accusing the Attorney General of failing to properly handle a case where the Chief Minister of
636:
It is still an offence to bring hatred, contempt or to excite disaffection against any Ruler or Government in Malaysia. The amendment has not been fully passed in the Parliament as of 5 October 2023.
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called the Association of New Youth (UMANY) was investigated under the Sedition Act after posting an article on Facebook titled “Yang di-Pertuan Agong should not intervene in national affairs".
392:
dominating Malay society" by "giving this archaic body of petty constitutional monarchs incredible blocking power"; the move was cast as hypocritical, given that Deputy Prime Minister
340:, and also Part III of the Constitution as specially protected, permitting Parliament to pass legislation that would limit dissent with regard to these provisions pertaining to the
555:
later that year); Abdullah stated that the government would charge people with sedition if they opposed the change in educational policy that puts more emphasis on the teaching of
440:(d) to raise discontent or disaffection amongst the subjects of the Yang di-Pertuan Agong or of the Ruler of any State or amongst the inhabitants of Malaysia or of any State;
359:
the "sensitive" Constitutional provisions; in addition to the consent of Parliament, any changes to the "sensitive" portions of the Constitution would now have to pass the
328:
led to at least 200 deaths, the government amended the Constitution to expand the scope of limitations on freedom of speech. The Constitution (Amendment) Act 1971 named
573:
was temporarily shut down under the Sedition Act after it published a letter criticising Malay special rights and compared the Youth wing of a government party to the
504:
In recent times, the law has been invoked to quell the political opposition. Famously in 2000, Marina Yusoff, a former vice president of the National Justice Party (
297:
came into being, with the intent of curbing opposition to colonial rule. The law remained on the statute books through independence in 1957, and the merger with
604:
International Malaysia published an article that described this investigation as "appalling" and claimed that it "violated the students freedom of expression."
370:
These later amendments were harshly criticised by the opposition parties in Parliament, who had campaigned for greater political equality for non-Malays in the
378:) coalition government passed the amendments, having maintained the necessary two-thirds Parliamentary majority. In Britain, the laws were condemned, with
409:
1238:
241:
The Sedition Act 1948, in its current form (4 June 2015), consists of 11 sections and no schedule (including 6 amendments), without separate Part.
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The new section 5A gives the court discretion "to prevent a person who is charged under section 4 who is released on bail from leaving Malaysia."
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437:(c) to bring into hatred or contempt or to excite disaffection against the administration of justice in Malaysia or in any State;
706:
585:
371:
337:
329:
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721:
213:, with modifications to suit local circumstances. The Malaysian definition includes the questioning of certain portions of the
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Parliament then amended the Sedition Act accordingly. The new restrictions also applied to Members of Parliament, overruling
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Sharp criticism followed the passing of the law from the top United Nations human rights official Zeid Ra'ad Al Hussein.
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465:, a legal principle stating that a person cannot be guilty of a crime if he did not have the intent to commit a crime.
443:(e) to promote feelings of ill-will and hostility between different races or classes of the population of Malaysia; or
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528:(DAP), had also been charged with sedition after claiming Anwar had been poisoned by "people in high places".
516:. The editor for the opposition was also charged with sedition for alleging a government conspiracy against
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431:(a) to bring into hatred or contempt or to excite disaffection against any Ruler or against any Government;
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313:
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had spoken of "the full realization that important matters must no longer be swept under the carpet..."
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The Sedition Act would be unconstitutional, as the Constitution guarantees freedom of speech, without
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965:
597:
360:
294:
577:. Previously in 1978, the Sedition Act had been invoked in another case of educational policy, when
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argued in Parliament that the government ought to close down Chinese and Tamil vernacular schools.
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Under section 3(1), those acts defined as having a seditious tendency are acts with a tendency:
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the "different races or classes" of Malaysia or between persons on "the grounds of religion".
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Section 10A: Special power to issue order regarding seditious publications by electronic means
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520:, a former Deputy Prime Minister, had led to his political downfall. Anwar's lead counsel,
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355:; at the same time, Article 159, which governs Constitutional amendments, was amended to
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Section 6A: Non-application of sections 173A, 293 and 294 of the Criminal Procedure Code
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17:
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necessary or expedient and the latter standard is much lower than that of necessity."
114:
Federal Constitution (Modification of Laws) (Ordinances and Proclamations) Order 1958
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Emery, Fred (8 Nov. 1969). "Malaysia unity call against a background of fear", p. 7.
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1011:"Malaysia under fire for controversial anti-terror and sedition laws | Investvine"
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The law was introduced by the British in 1948, the same year that the autonomous
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and other indigenous peoples, who comprise over half the Malaysian population).
222:
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1144:"A Critical Review of the Sedition Act in Malaysia According to Decided Cases"
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In 2006, the DAP, which had been a vocal opponent of the Sedition Act and the
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Section 10: Power of court to prohibit circulation of seditious publications
226:
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729:, Malaysian Chinese blogger and critic of Islam prosecuted under the act
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Modification of Laws (Sedition) (Extension and Modification) Order 1969
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Modification of Laws (Sedition) (Extension and Modification) Order 1964
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533:
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302:
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993:"Critical Crackdown: Freedom of Expression Under Attack in Malaysia"
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1073:"Malaysia tables amendments to Sedition Act, no bail for detainees"
1130:"Malaysia: Sedition Act upheld in further blow to free expression"
298:
260:
Section 5A: Power of court to prevent person from leaving Malaysia
1196:
This article incorporates text from this source, which is in the
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In 2003, the act was also invoked by then Deputy Prime Minister
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The Federal Constitution of Malaya and later Malaysia permitted
196:. The act was originally enacted by the colonial authorities of
1165:"Unsilenced – Malaysia, Stop Restricting Freedom of Expression"
275:
Section 9: Suspension of newspaper containing seditious matter
847:"Malaysian court rules part of Sedition Act unconstitutional"
512:(UMNO), had provoked the massacres of the Chinese during the
415:
These portions of the Constitution have been criticised by
1041:"Amendments to Sedition Act passed with several changes"
929:"Cops record statements of UM duo over FB post on King"
787:
Article 19 Global Campaign for Free Expression (2003).
684:
Human rights advocates such from organizations such as
374:. Despite their opposition, the ruling Alliance (later
201:
of "seditious tendency" is defined in section 3 of the
97:
Peninsular Malaysia–19 July 1948, Ord. No. 14 of 1948;
269:
Section 7: Innocent receiver of seditious publication
947:"Attack on students' freedom of expression must end"
123:
Emergency (Essential Powers) Ordinance No. 45, 1970
150:
138:
105:
91:
81:
71:
61:
34:
508:) was charged with sedition for alleging that the
53:An Act to provide for the punishment of sedition.
524:, who was also deputy chairman of the opposition
480:Arrests and prosecutions under the Sedition Act
429:
814:, pp. 104–106. Oxford University Press.
492:threatened to charge opponents of a change in
455:, cannot have these exceptions applied to it.
388:stating they would "preserve as immutable the
8:
912:DAP proves Sedition Act still relevant: Zam
789:"Memorandum on Malaysian Sedition Act 1948"
101:Sarawak–20 November 1969, P.U. (A) 476/1969
87:Revised: 1969 (Act 15 w.e.f. 14 April 1970)
225:, which deals with special rights for the
596:In November 2020, a student group at the
567:. That same year, the online publication
468:A person found guilty of sedition may be
192:is a law prohibiting discourse deemed as
783:
781:
779:
777:
775:
628:Some key amendments to the Act include:
483:
363:, a body comprising the monarchs of the
344:. (The social contract is essentially a
739:
320:granted by the Constitution. After the
50:
896:Race rhetoric is part of Umno politics
806:
804:
632:The definition of "seditious tendency"
324:, when racial riots in the capital of
205:and in substance it is similar to the
126:Malaysian Currency (Ringgit) Act 1975
31:
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987:
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7:
1112:"Sedition Act amendments and impact"
488:In 2003, then Deputy Prime Minister
966:"Malaysia Strengthens Sedition Act"
612:Since 2011, former Primer Minister
510:United Malays National Organisation
767:constitution of the United Kingdom
748:"What is Malaysia's sedition law?"
284:Section 11: Arrest without warrant
272:Section 8: Issue of search warrant
25:
1009:Saddique, Imran (10 April 2015).
695:Communications and Multimedia Act
410:Article 10(2) of the Constitution
217:, namely those pertaining to the
99:Sabah–28 May 1964, L.N. 149/1964;
1239:Political repression in Malaysia
1191:
707:Internal Security Act (Malaysia)
1098:"Sedition (Amendment) Act 2015"
1059:"Sedition (Amendment) Act 2015"
722:2014 Malaysian sedition dragnet
459:been criticised for overruling
85:1948 (Ordinance No. 14 of 1948)
894:Lopez, Leslie (17 Nov. 2006).
316:to impose restrictions on the
1:
1214:Malaysian federal legislation
798:. Retrieved 25 November 2006.
697:and the Film Censorship Act.
608:Sedition (Amendment) Act 2015
251:Section 3: Seditious tendency
130:Sedition (Amendment) Act 2015
870:Singh, Bhag (12 Dec. 2006).
257:Section 5: Legal proceedings
845:hermes (26 November 2016).
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553:Prime Minister of Malaysia
472:to three years in jail, a
453:Malaysian social contract
248:Section 2: Interpretation
219:Malaysian social contract
166:
155:
143:
110:
39:
812:Paradoxes of Mahathirism
717:Sedition Act (Singapore)
215:Constitution of Malaysia
145:Sedition Act (Singapore)
810:Khoo, Boo Teik (1995).
526:Democratic Action Party
506:Parti Keadilan Nasional
18:Sedition Act (Malaysia)
1219:1948 in British Malaya
536:had been charged with
501:
448:
353:Parliamentary immunity
309:that formed Malaysia.
245:Section 1: Short title
185:
1224:Law of British Malaya
686:Amnesty International
680:Criticisms of the Act
586:Internal Security Act
545:Abdullah Ahmad Badawi
490:Abdullah Ahmad Badawi
487:
476:5,000 fine, or both.
372:1969 general election
734:Notes and references
598:University of Malaya
361:Conference of Rulers
295:Federation of Malaya
727:Alvin Tan (blogger)
263:Section 6: Evidence
254:Section 4: Offences
139:Related legislation
949:. 7 November 2020.
935:. 5 November 2020.
914:. (28 Nov. 2006).
877:2007-01-22 at the
872:Seditious speeches
794:2006-12-31 at the
502:
494:educational policy
207:English common law
72:Territorial extent
1189:Sedition Act 1948
1045:New Straits Times
851:The Straits Times
820:978-967-65-3094-3
540:of a schoolgirl.
318:freedom of speech
203:Sedition Act 1948
186:Akta Hasutan 1948
178:Sedition Act 1948
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194:seditious
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875:Archived
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498:sedition
462:mens rea
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190:Malaysia
170:In force
161:sedition
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602:Amnesty
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