Malaysia Today news portal webmaster Raja Petra Kamaruddin was today charged with sedition at the Petaling Jaya Sessions Court over an article which he wrote in his website, allegedly implying that Deputy Prime Minister Najib was involved in the killing of a young Mongolian woman.
The popular blogger was charged under Section 4(1)(c) of the Sedition Act for publishing seditious article on April 25 on Malaysia Today.
If found guilty, Raja Petra could be jailed for a maximum of three years and/or face a fine of up to RM5,000.
[…]
Talking to reporters at the Jalan Duta court complex this morning, Raja Petra said that he was a victim of political persecution.
“I knew this was coming. They are going to find ways and excuses to charge me but these are stupid excuses,” he said.
“Once they charge me, we will show that there is no evidence against me,” he added.
He said that he was aware of a call made by an Umno leader from Petaling Jaya (Utara) about three weeks ago that “they should find ways to arrest me”.
Full Malaysiakini story here.
Raja Petra is right when he said that he is the target of political persecution. It is obvious that he Sedition Act, in this instance, has been used by some powerful figures in the government to persecute Raja Petra.
The Sedition Act is so vague, open to the widest interpretation, and in Raja Petra’s case, open to abuse by the government to shut down free speech.
Consider, the meaning of Seditious Tendency according to the Act:
3. (1) A “seditious tendency” is a tendency—
(a) to bring into hatred or contempt or to excite disaffection against any Ruler or against any Government;
(b) to excite the subjects of any 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;
(c) to bring into hatred or contempt or to excite disaffection against the administration of justice in Malaysia or in any State;
(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;(e) to promote feelings of ill will and hostility between different races or classes of the population of Malaysia;
or(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.
Don’t you think, if we were to follow the definitions of “seditious tendency”, most of us especially those of us who are bloggers, could be charged under the Sedition Act? Especially if a wide interpretation of “seditious tendency” is allowed?
Consider 3. 1 (c). What exactly constitutes feelings of ill will and hostility between different races or classes of the population of Malaysia? If I were to use a wide interpretation of that portion of the Act, I would consider the banning the use of the word “Allah” by non-Muslims, as an act deemed to have promoted ill will and hostility particularly against Christians! But of course right thinking and fair minded individuals would not stoop that low and abuse the real intent (if any could be found!) of that portion of the Act!
How about 3. 1 (f)? So questioning Part III of the Federal Constitution or Article 152, 153 or 181 of the Federal Constitution is an act of sedition? Just the mere act of questioning? My, my. Put up and shut up, eh!
There are exceptions to the provisions in subsection (1), but who cares what those exceptions are especially when the government is allowed to build a “convincing” case in front of a judiciary that is clearly intimidated by the government and clearly without any independence?
Raja Petra was charged under Section 4(1)(c) of the Sedition Act, which is:
4. (1) Any person who—
(c) prints, publishes, sells, offers for sale, distributes or reproduces any seditious publication;
shall be guilty of an offence and shall, on conviction, be liable for a first offence to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both, and, for a subsequent offence, to imprisonment for a term not exceeding five years; and any seditious publication found in the possession of the person or used in evidence at his trial shall be forfeited and may be destroyed or otherwise disposed of as the court directs.
I wish Raja Petra all the best, and may his legal defence team make fools of the powers that be who are attempting to silence his right to free speech!
Read the full HTML version of the Section Act here and the pdf version here.