Following the repeal of the ISA in 2012,23 the Government of Malaysia no longer has access to this legislation and uses other laws such as the Sedition Act 1948, the Communications and Multimedia Act 1998, etc.24 While the repeal of the ISA may have broadened the perceived space for civil discourse in Malaysia, the reality does not necessarily reflect this sentiment. As noted in the comment by the prime minister of the day, Najib Tun Razak, the abolition of the ISA was a political move aimed at recovering support25 for the ruling coalition and the law itself was not “helping” the ruling coalition but actually enhancing the opposition’s progress. With this in mind, the “expansion” of space should be viewed with scepticism. It should be noted that the repeal of the ISA took place in tandem with the introduction of new security laws such as the Security Offences (Special Measures) Act 2012 (SOSMA), which grants police similar power to detain individuals without trial.26 The suspicion that SOSMA would be used in a similar manner was affirmed in 2015, following the arrest and detention of Khairuddin Abu Hassan and Matthias Chang.27 In 2016, SOSMA was yet again used to arrest and detain the prominent chairperson of the Bersih 2.0 committee, Maria Chin Abdullah.28 In addition to the liberal interpretation of security laws, it is also noted that in Malaysia there is rarely any distinction made for “offences” committed online and offline. It is common for laws that are applied offline to be applied online as well without any adjustments. Individuals arrested or detained for allegedly seditious posts online are often arrested and investigated for both an offence under the Sedition Act 1948 and under the Communications and Multimedia Act 1998.29 This makes it possible and highly likely that the laws described below could be applied online at any juncture. 23 The Star Online. (2012, 10 April). New Bill to replace ISA. The Star Online. www.thestar.com.my/news/nation/2012/04/10/ new-bill-to-replace-isa 24 As noted by the SUARAM report for 2015, documented use of the Sedition Act 1948 and Communications and Multimedia Act 1998 increased substantially. See: www.suaram.net/wordpress/ wp-content/uploads/2015/12/SUARAM-HR-OVERVIEW-2015combined-ver1.pdf 25 Syed Jaymal Zahiid. (2012, 9 July). Repeal of ISA politically driven, says Najib. Free Malaysia Today. www. freemalaysiatoday.com/category/nation/2012/07/09/ repeal-of-isa-politically-driven-says-najib 26 Soong, K. K. (2016, 21 November). Sosma is the new ISA. Free Malaysia Today. www.freemalaysiatoday.com/category/ opinion/2016/11/21/sosma-is-the-new-isa 27 More details of the case are available in the subsection on SOSMA. 28 More information on their arrest will be further explored later in this report. 29 Notable cases include those of Khalid Ismath and Zunar. Security Offences (Special Measures) Act 2012 SOSMA is not a law that outlines specific crimes or punishment; it is technically a procedural law that replaces the Criminal Procedure Code if an individual is arrested for offences under Chapters VI, VI(A), VI(B) and VII of the Penal Code. These four chapters of the Penal Code cover, respectively, offences against the state, offences relating to terrorism, organised crime, and offences relating to the armed forces. Some of the more controversial offences are located in Chapter VI of the Penal Code. Notable sections include Section 124B which outlines the offence of activity detrimental to parliamentary democracy; Section 124C which outlines the attempt to commit activity detrimental to parliament democracy; and others which address publications that are detrimental to parliamentary democracy (Section 124D) and possession of such publications (Section 124E). In practice, under SOSMA, a police officer can, without warrant, detain an individual whom he has reason to believe to be involved in security offences for 24 hours.30 A police officer with the rank of a superintendent or above may extend the detention for an additional 28 days31 for the purpose of investigation. An important point to note is that under SOSMA, individuals charged for an offence are not granted bail by default32 and there are no recorded cases where the court found the use of the law legitimate and granted bail; therefore, anyone charged would only be released at the conclusion of all legal proceedings. While Section 4(3) of SOSMA outlines that no person shall be detained for his political belief or activity, this law has still been utilised against civil society and political dissent. Notable examples are those mentioned before, namely, the arrest and detention of Khairuddin Abu Hassan and Matthias Chang. Khairuddin Abu Hassan was arrested under Section 124K and 124L of the Penal Code following the reports he filed against 1 Malaysia Development Bhd (1MDB).33 His lawyer, Matthias Chang, was subsequently arrested under Section 124K and 124L when he acted as a counsel for him.34 While the two are no longer 30 Section 4(1) SOMSA. 31 Section 4(5) SOSMA. 32 The law itself classifies all charges made in line with SOSMA to be non-bailable and extension of remand after the trial of first instance remains at the sole discretion of the public prosecutor. 33 Malay Mail Online. (2015, 23 September). Khairuddin rearrested under Sosma moments after court orders his release. Malay Mail Online. www.themalaymailonline.com/malaysia/article/ khairuddin-rearrested-under-sosma-moments-after-court-ordershis-release#EKQ9prz7Ojzebtmu.97 34 Hamudin, N. (2015, 8 October). Matthias Chang arrested under Sosma. The Sun Daily. www.thesundaily.my/news/1576303 86 / Unshackling Expression