Can criticising the government be truly free under new Sedition Act?

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Criticism of the Government Under the Revised Sedition Act

The proposed amendments to the Sedition Act 1948 aim to allow for criticism of the government, with the intention of fostering a more transparent and accountable administration. However, the scope and potential limitations of this freedom are defined by specific provisions within the bill. The amendments will remove the offense of bringing "into hatred and contempt or exciting disaffection against the Government," effectively decriminalizing direct criticism of the administration.
Decriminalisation of Government Criticism

A key aspect of the proposed amendments is the explicit removal of the offense related to inciting hatred, contempt, or disaffection against the government. This change is presented as a move towards greater openness, allowing the public liberty to provide feedback and criticise government actions. The stated goal is to cultivate a more transparent and accountable administrative system within Malaysia.
New Offence for Religious Insults

Conversely, the amendments introduce new provisions that criminalise insults and mockery directed at any religion. The Sedition (Amendment) Act 2015 Bill proposes a subclause to make it an offence to "promote any feelings of ill will, hostility or hatred between persons or groups of person on the ground of religion." This is intended to protect the sanctity of religions within Malaysia's multi-religious society and prevent acts that could lead to disharmony and threaten public order.
Clarification on Islam and Deviant Teachings

The Bill further clarifies that the protection afforded to Islam under the Act specifically refers to "hukum syarak," or codified Islamic teachings, as defined by written law. This distinction explicitly excludes "deviant teachings" from the scope of protection, aiming to maintain a specific interpretation of Islamic practice within the legal framework.
Continued Scrutiny on State Secession and Administration of Justice

While direct criticism of the government is being decriminalized, the amendments will amend Section 3(1)(b) to explicitly state that demands for the secession of any State from Malaysia are seditious. Additionally, criticism concerning the administration of justice will also be decriminalised through the deletion of Section 3(1)(c) of the Act. This indicates a nuanced approach, where certain forms of challenge to governmental or judicial authority remain within the purview of the law.

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Can criticising the government be truly free under new Sedition Act?

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