Is the Sedition Act a bad law when used to maintain power?

Question

Accepted Answer

The Sedition Act is considered a bad law when its application is used to maintain power.

Tun Dr Mahathir Mohamad stated that the Sedition Act 1948 is a "bad law" if authorities employ it as a tool to consolidate their authority. He differentiated between seditious acts, such as inciting a civil war to overthrow the government, and non-seditious criticisms, like expressing dissatisfaction with the government's performance and advocating for a leadership change. Dr Mahathir attributed the problematic nature of the law not to its existence, but to its enforcement by individuals.
The Misuse of Legislation

Dr Mahathir articulated that a law's quality is determined by its application. He explained that laws are fundamentally designed to restrict certain actions, such as theft, for the broader good. However, when a law's implementation deviates from its original intent and is instead leveraged to secure one's position in power, it becomes an instrument of injustice.
Distinguishing Seditious Acts

During a question and answer session at the Malaysian Social Media Week 2015, Dr Mahathir provided examples to clarify what constitutes sedition. He asserted that advocating for a civil war to depose the government falls under seditious behaviour. Conversely, he argued that voicing concerns about the government's effectiveness and suggesting a need for new leadership does not amount to sedition.
Enforcement and Judicial Process

The former prime minister emphasised that the responsibility for a law being perceived as "bad" lies with its enforcers, not the statute itself. He posited that a law is considered good when its scope is confined to its intended purpose and individuals have the opportunity to present their defence in a court of law. The tendency for laws to be abused, he noted, is a pervasive issue across all legal frameworks.

Reading history

Hide →

This history is cleared when the page is closed.

Is the Sedition Act a bad law when used to maintain power?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

2

0

0

Share with friends