Does Section 4 of the Sedition Act restrict Article 10(1)(a) of the Constitution?

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Section 4 of the Sedition Act is Questioned for Constitutional Conflict with Freedom of Speech

The High Court has permitted former Prime Minister Tan Sri Muhyiddin Yassin to refer complex legal questions concerning the Sedition Act 1948 to the Federal Court. A central issue to be determined is whether Section 4 of the Act, in conjunction with Section 3(3), imposes an unreasonable restriction that conflicts with Article 10(1)(a) of the Federal Constitution, which guarantees freedom of speech. The High Court judge, Datuk Muhammad Jamil Hussin, found that Muhyiddin had met the legal threshold for such a reference, stating that a Federal Court ruling would expedite the resolution of these intricate matters.
Constitutional Questions Referred to Federal Court

Muhyiddin Yassin applied to have four questions of law under the Sedition Act referred to the Federal Court for determination. The High Court judge acknowledged that these questions were directly relevant to the proceedings and that their complexity warranted a decision from the apex court. The judge noted that objections raised by the respondents lacked sufficient merit to prevent the reference.
Sedition Charges Against Muhyiddin Yassin

The sedition proceedings against Muhyiddin Yassin have been stayed pending the Federal Court's decision on the referred legal questions. Muhyiddin faces charges under Section 4(1)(b) of the Sedition Act 1948. These charges stem from alleged seditious comments made during the Nenggiri by-election campaign on August 14, 2024.
Nature of Alleged Seditious Statements

The alleged seditious statements concerned claims made by Muhyiddin regarding his appointment as Prime Minister following the 15th General Election. Specifically, the comments pertained to assertions that he was not invited by the Yang di-Pertuan Agong to be sworn in as Prime Minister, despite reportedly commanding the support of 115 Members of Parliament at the time. Such an offence, under Subsection 4(1) of the Sedition Act, is punishable by a fine of up to RM5,000, imprisonment of up to three years, or both.

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Does Section 4 of the Sedition Act restrict Article 10(1)(a) of the Constitution?

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