Alternative to Sedition Act is in Penal Code

I come from a Chinese Christian family. I have been labelled "pendatang" and "Cina Babi" all my life, but the Sedition Act is still irrelevant to me.

Well, many have said that Datuk Ibrahim Ali should be charged with sedition for threatening to burn the Christian Bible. There are also racists and even principals who have labelled the Chinese as “pendatang” or even “Cina Babi”.

Technically, these people have committed an offence under the Sedition Act for "promoting feelings of ill will and hostility between different races" – Section 3(1)(e) of the Sedition Act 1948.

Yesterday, Khairy Jamaluddin claimed that the walk against sedition has not made an impact because most Malaysians want safeguards against racially or religiously offensive speech.

Is that so? Do we not have safeguards in place?

In fact, I do not need the Sedition Act to protect me. I do not need the Sedition Act to criminalise people like Abdullah Zaik Abd Rahman, Ridhuan Tee, Zulkifli Nordin or the infamous Ibrahim Ali.

Why? First, it is stupid to try preventing stupid people from saying stupid things.

I believe as a maturing democracy, what we can do to embrace such unintelligent comments, is to simply ignore them. It is akin to wind that carries a rotten smell. It does not hurt to ignore them.

But where do we draw the line?

In cases where threats to burn mosques, churches or temples, Section 295 of the Penal Code is there for you. It is a statutory offence to “destroy or damage places of worship with intent to insult other religion”.

What if someone says something of your religion that hurts your feeling? Well, Section 298 of the Penal Code makes it an offence to intentionally hurt the religion feelings of another.

S298 is similar to the Sedition Act in a sense that it criminalises offensive speech against other religion. The only demarcation being the need to prove the intention under s298, to which the Sedition Act does not require so.

How does the Penal Code deal with speeches that offend one's religion, resulting in disharmony, disunity, feelings of enmity, hatred or ill-will? In Ibrahim's case where he threatened to burn the Christian Bible, he would have fallen under S298A of the Penal Code.

Nowadays, anything and everything on the royalty is an offence. One cannot speak or criticise constructively, because it has seditious tendencies.

There was a brief Twitter sensation with the hashtag ‪#‎SultanBukanTuhan a while ago. People were being questioned and charged for comments made against the royalty.

Those comments, in my opinion, were uncalled for and ridiculous, but then again, stupid and unintelligent comments are all over the Net, most of the time with anonymous Facebook or Twitter accounts. So the question – is it a crime to be stupid?

Freedom of expression? I would say it is pertinent, but such freedom is not an absolute freedom. So a line has to be drawn. Now where is the line?

Section 121 of the Penal Code protects the Yang di-Pertuan Agong, Sultans and di-Pertua Negeri.

It is an offence to "hurt, cause the death, imprison or restrain" the rulers. It is vital to note here, that this section protects the physical security of the rulers. That's the demarcation.

So how do we deal with people who incite racial disunity that causes physical hurt to another? For example, if a racist incites a repetition of May 13, or a call to bathe a knife with a certain race's blood?

Section 504 and Section 505 would be the answer. It is an offence to "insult with an intention to provoke a breach of peace" (Section 504) and also a crime to "make statements that incites public mischief" (Section 505).

These are some basic examples and there are plenty more in the Penal Code to safeguard racially or religiously offensive speech.

All in all, the distinction between these provisions illustrated above and the Sedition Act is the presence of an intention. The intention to cause physical hurt, death, public unrest and so on.

The problem with the Sedition Act is the disregard for such intentions. The presence of a seditious remark is all that is needed. This includes, someone hacking your Facebook or Twitter account by saying something “seditious”. See the dangers now? – October 17, 2014.

The Malaysian Insider: http://www.themalaysianinsider.com/sideviews/article/alternative-to-sedition-act-is-in-penal-code-adrian-lim#sthash.zWXqfiIq.dpuf

The MalayMail Online: http://www.themalaymailonline.com/what-you-think/article/problems-with-the-sedition-act-adrian-lim

Malaysia Chronicle: http://www.malaysia-chronicle.com/index.php?option=com_k2&view=item&id=380732:ive-been-called-pendatang-cina-babi-all-my-life-but-the-sedition-act-is-still-irrelevant-to-me-so-whats-ibrahim-alis-grouse?&Itemid=2#axzz3J2DKBmbX

Malaysiakini: http://www.malaysiakini.com/news/277859

Is this what ‘perjuangan’ is about?

Please note that the huge error here is the use of Nelson Mandela instead of Mahatma Gandhi.

Nelson Mandela once said "there is no easy walk for freedom anywhere, and many of us will pass through the valley of shadow of death again and again before we reach the mountaintop of our desires".

Mandela himself spent 27 years in prison before driving the world's second-largest population towards independence from colonisation.

October 28 and 29 will be a crucial date for Datuk Seri Anwar Ibrahim. But, in fact, it is wrong to view this as a personal battle between an oppressive regime and Anwar. It is battle of a nation against a regime that has been suppressing dissidents since time immemorial.

It is true that people are tired and weary. But this is good news to nobody, except a regime that has been suppressing dissents. 

For Lensa, perhaps the only way to “berjuang” is by taking the streets, and since people are sick of the sun and scorching heat, Anwar should give up with the struggle.

But for the many other Malaysians out there who do not take the streets, they too are tired. However, instead of being tired from going to the streets, they are tired with the never-ending selective prosecution, corruption and abuse of power by the Barisan Nasional government.

I find this extremely confusing. As a youth non-governmental organisation that supports and endorses Mahasiswa Ganyang Akta Hasutan (Ganyang) and the struggle to end the Sedition Act, they should have fully understood that this is another form of intimidation and selective prosecution.

People like Anwar are prisoners of conscience. 

The common enemy is the current oppressive regime that has been immobilising dissents and freedom every Malaysian yearn for.

Instead of being united, some resort to attacks from within, which will indirectly strengthen the current establishment.

If one were to view Anwar's Sodomy 2 as a personal battle, they are missing the point. This is akin to saying Mandela's struggle for South Africa's independence was a personal struggle between him and the British.

In Malaysian history, many have come and gone. But the distinction between Reformasi 1.0 and other struggles is the significance it has brought 10 years down the road in GE12.

GE12 and GE13 are a testament that Malaysians have to be united and rally under one cause. For the first time in history, Malaysian politics have seen an opposition powerful enough to deny BN a two-thirds majority in Parliament.

For the first time, the ruling coalition lost five states.

As proposed by Saudara Ekhsan from Lensa, Anwar should retire and enjoy the benefits from the government as deputy prime minister or even the special position offered by the Turkish government.

This reflects nothing but the shallow-mindedness of some who give up their struggles when tempted with perks. It is an indication such “political frog culture” has been planted somewhere.

Is this what “perjuangan” is about? The sort of unprincipled stance displayed by political frogs? Is this the type of “politik habuan” that Malaysians voters wish politicians subscribe to?

The selective persecutions against Anwar and other opposition politicians speak volume. It is crystal clear through the Internal Security Act (now repealed), Ops Lalang, Sodomy 1, Sodomy 2 and the current sedition dragnet.

Is this indication not clear enough?

A genuine battle for the nation cannot be bought simply with a deputy prime ministerial post, what more a special position by a foreign government.

Ekhsan Bukharee himself has court charges looming over his head.

In fact, many in Lensa are themselves prisoners of conscience facing jail time soon. Are we going to invite him to step down and retire?

Several other opposition politicians and activists are facing selective prosecutions as well. Are they supposed to give up the struggle? – October 18, 2014.

The Malaysian Insider: http://www.themalaysianinsider.com/sideviews/article/is-this-what-perjuangan-is-about-adrian-lim

Malaysia Chronicle: http://www.malaysia-chronicle.com/index.php?option=com_k2&view=item&id=381091:would-lensa-tell-nelson-mandela-to-retire-or-are-they-too-busy-pleasing-anwars-foes-to-wriggle-out-of-their-own-woes&Itemid=2#axzz3J2DKBmbX