Curtailing Free Expression, Opinion and Information Online in Southeast Asia
draft sedition laws which are narrowly and strictly compliant with article
19(3) of the ICCPR and has clarified that “in circumstances of public debate
concerning public figures in the political domain and public institutions, the
value placed by the Covenant upon uninhibited expression is particularly
high”.264 Cases above and below – in the contrary – show that political debate
or commentary, reporting on government authorities and engagement in
human rights advocacy, which should be protected speech are exactly the
forms of expression which overbroad provisions in sedition laws have been
used to curtail.
Malaysia
In Malaysia, the Sedition Act 1948 has not only been applied
to clamp down on online expression and information regarding royalty, as
noted above, but also leaders of government. This was evident during the
administration of former Prime Minister Najib Razak, whose government was
voted out in Malaysia’s 2018 general elections.265 An advisor to Malaysian
human rights lawyers’ association, Lawyers for Liberty, noted that between
2013 and 2016, 170 cases had been brought under the Sedition Act, and
that in 2015 alone, “during the peak of Najib’s crackdown”, 91 individuals
were arrested, investigated or charged under the law.266 Of these individuals,
the ICJ documented that 36 academics, lawyers, politicians, students, and
activists had been targeted under the law in the first three months of 2015.267
During the administration of the former Prime Minister, amendments
were also made to the Sedition Act in 2015 to extend the offence of sedition
to include the “publishing, distribution and importing of seditious publications”,
as well as “publication by electronic means” and acts which “cause to be
published” seditious material and which “propagate” such material.268 The
2015 amendments also extended powers of the court to include ordering
individuals to remove online content deemed seditious, banning individuals
from accessing an electronic device and ordering an officer “authorized
under the Communications and Multimedia Act 1998” to restrict access
264 CCPR/C/GC/34, paras 30, 38.
265 Human Rights Watch, ‘Malaysia: Drop Remaining Sedition Cases’, 1 August 2018, Available at:
https://www.hrw.org/news/2018/08/01/malaysia-drop-remaining-sedition-cases
266 Ida Lim, ‘BN more restrained? Most sedition law abuses during your leadership, lawyer
tells Najib’, Malay Mail, 12 January 2019, Available at: https://www.malaymail.com/news/
malaysia/2019/01/12/bn-more-restrained-most-sedition-law-abuses-during-your-leadershiplawyer-t/1711784
267 ICJ, ‘Malaysia: stop amendments strengthening Sedition Act’, 7 April 2015, Available at: https://
www.icj.org/malaysia-stop-amendments-strengthening-sedition-act/
268 Sedition (Amendment) Act 2015 (‘Sedition (Amendment) Act 2015’), sections 2, 4, Available at:
http://www.federalgazette.agc.gov.my/outputaktap/20150604_A1485_BI_Act%20A1485.pdf
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