(TPT) Kuala Lumpur: Minister of Information Communication and Culture Datuk Seri Dr. Rais Yatim reminded the nation again of how open the government was towards the new media and bloggers by quoting the existence of a few common laws such as the Sedition Act, the Defamation Act and the Internal Security Act.
The minister had been questioned over the government’s questionable media policies and harshness towards political and opposition bloggers in the Dewan Rakyat.
Dr. Rais, always a strong advocate of the media and who had previously shown support for the jailed Iraqi reporter whom had lobbed shoes at ex-US President George W. Bush, reiterated that the government’s policy towards media use was only to guard national security and racial harmony.
“The Sedition Act, the Defamation Act, the ISA – these are all for your own sake. The government cares for you”, Dr. Rais advises. “No government wants to see her citizen behind bars, seriously”.
“Why don’t you put up in full the laws to raise the awareness of these laws?” he asked this paper. “Let everyone see that the government cares for all her bloggers – we are all mature and open adults”.
But when queried as to the rationales for the continued existence of these supposedly archaic laws, Dr. Rais stayed non-committal. He began to start digging his nose as this paper nudged him repeatedly for an answer.
As the interview drew to a close, Dr Rais again asked for this paper to publish the above-mentioned laws. He again repeated that the government cares for the bloggers. Portions of the laws are re-produced, as below.
Sedition Act
Under section 3(1), those acts defined as having a seditious tendency are acts with a tendency:
(a) to bring into hatred or contempt or to excite disaffection against any Ruler or against any Government;
(b) to excite the subjects of the Ruler or the inhabitants of any territory governed by any government to attempt to procure in the territory of the Ruler or governed by the Government, the alteration, otherwise than by lawful means, of any matter as by law established;
(c) to bring into hatred or contempt or to excite disaffection against the administration of justice in Malaysia or in any State;
(d) to raise discontent or disaffection amongst the subjects of the Yang di-Pertuan Agong or of the Ruler of any State or amongst the inhabitants of Malaysia or of any State;
(e) to promote feelings of ill-will and hostility between different races or classes of the population of Malaysia; or
(f) to question any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of part III of the Federal constitution or Article 152, 153 or 181 of the Federal Constitution.
Civil Defamation
Civil defamation is provided under the Defamation Act 1957. Under this Act, defamation is established if a plaintiff is able to show that publication of the defamatory statement was done, and the defamatory statement made, with malicious intent and/or the words in the defamatory statement in their natural and ordinary meaning reflect the defamatory intention. Further, the plaintiff must show that the statement is not a fair comment or justifiable.
Criminal Defamation
Criminal defamation is provided for under Section 499 of the Penal Code, under which defamation is established once it is shown that the words either spoken or intended to be read or by signs, or by visible representations, make or publish any imputation concerning any person, intending to harm, or knowing or having reason to believe that such imputation will harm the reputation of such person. The penalty for offenders found liable for criminal defamation is a fine, imprisonment of up to two years, or both.
Internal Security Act
Section 8 ISA: Power to order detention or restriction of persons. “(i) If the Minister is satisfied that the detention of any person is necessary with a view to preventing him from acting in any manner prejudicial to the security of Malaysia or any part thereof or to the maintenance of essential services therein or the economic life thereof, he may make an order (hereinafter referred to as a detention order) directing that that person be detained for any period not exceeding two years.”
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