Following international condemnation for the use of its controversial Sedition Act to silence voices of peaceful protest, Malaysia’s House of Representatives passed a reform act which that would ostensibly protect citizen criticism of the government, and specifically the judiciary.
It was the Sedition act that was used to sentence Zunar, full name Zulkiflee Anwar Ulhaque, the country’s most prominent political cartoonist, to 43 years in prison over a tweet which he posted criticizing Malaysia’s judiciary over the sodomy case of opposition leader Anwar Ibrahim. Zunar, who recently published a book satirizing Prime Minister Najib Razak’s wife, has published a long series of cartoons accusing Malaysia’s nominally independent judiciary of serving as a puppet to the will of the prime minister. The Voice Project has run two campaigns on this issue, one demanding Zunar’s release following his February 10th arrest, and the current campaign seeking to have the nine counts of sedition dropped, charges which carry a potential sentence of 43 years in prison.
The Sedition Reform Act contains specific measures which decriminalize criticism of the government or judiciary. While the act is not retroactively effective, members of Malaysia’s legal community including the prominent civil liberties lawyer Syahredzan Johan have petitioned Attorney General Abdul Gani Patail to reconsider the cases of activists and artists such as Zunar whose sentences were based on the old sedition law.
A defiant Zunar following his sentencing to 43 years in prison wears the symbol of his imprisonment with pride (Saw Siow Feng.)
On the other hand, the reform act harshens the punishment on any speech which would “likely lead to bodily injury or damage to property” or appear “to be promoting feelings of ill will, hostility, or hatred” between groups on grounds of ethnicity or religion. While supporters say that this is necessary to curb the ambitions of groups in Sabah and Sarawak looking to secede from Malaysia, groups such as the Institute of Journalists Malaysia have publicly stated their concern with the vague wording of the act, and with words such as “likely” and “appear” granting the government few restrictions in the law’s applications. The Voice Project’s position is that the latitude provided by the act’s language can surely still provide legal cover for prosecutions which violate international law and for the impingement of freedom of expression, and we will continue to advocate for real protections to be put in place and enforced.
Zunar’s sentencing to 43 years in prison under Malaysia’s Sedition Act came over this tweet, critical of the judicial system which would later sentence him:
Cartoon Zunar: PM Najib is the judge! pic.twitter.com/3FbAZQwxVm
— Zunar Cartoonist (@zunarkartunis) February 10, 2015
UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein has also stated his concern, saying that “these proposals are particularly worrying given that the Sedition Act has been applied in many instances to curb the legitimate exercise of freedom of expression in Malaysia.”
For the moment, it appears as though the first test of how the law is to be used will be found in the government’s willingness to review and dismiss the cases of Zunar and his fellow peaceful critics. As Prime Minister Najib Razak infamously vowed to repeal the law during his election, releasing peaceful critics such as Zunar would demonstrate the commitment to human rights which the government appears to be making.
A number of opposition leaders and Members of Parliament are also under investigation for criticisms of the trial of Anwar Ibrahim, and could soon see their cases reviewed or dismissed in an act of good will toward the new law.