Validity of Sedition Act is at stake, says Paulsen

Executive Director of Lawyers for Liberty, Eric Paulsen, says that the Sedition Act 1948 was merely adopted by the then Malaya and did not pass through an existing Parliament.

As such, its validity, in a modern democracy, is questionable.

Paulsen told the Rakyat Times that prior to independence, the Sedition Ordinance was enacted in 1948 and that piece of legislation was gazetted as law.

He explained that under Article (10) (2) clearly stated that only Parliament may by law impose the restrictions on the freedom of speech.

Derelict law

" As such, The Sedition Act was not passed through any enactment," he said.

Eric also told the Sedition Act is just a leftover of the British of colonialist and should be dropped.

" It is really unbecoming for the modern democracy like Malaysia to use the Sedition Act against citizens that who have different opinions," he stressed.

Paulsenalso stated that according to the Nik Nazmi Nik Ahmad's court of appeal decision, Parliament could not criminalise a breach of any restriction on freedom of speech by the citizens.

Prior to this, the Rakyat Times had reported on the constitutionality of the Sedition Act had been challenged for the second time.

Padang Serai MP N. Surendran filed an application at the Sessions court to hear the matter before a High Court and earlier, law lecturer, Prof Azmi Sharom, challenged the constitionality of the derelict Act after he was charged for sedition