By Ramumenon

Using the law to suppress political views, media facing charges of sedition, a biased judicial system and political turmoil. Does this describe Malaysia in 2008?

Yes.  But it also describes the situation faced by the United States in its early days in the late 1790s.

In 1798, the ruling Federalist party, led by President John Adams, passed the Alien and Sedition Act to strengthen the government by suppressing political opposition led by Thomas Jefferson.  This Act banned the publication of “any false, scandalous and malicious writing…” against the U.S. government.  In no time, newspaper editors were arrested, some convicted by a less than independent judiciary, and several newspapers forced to shut down. 

These actions became controversial in the U.S. presidential campaign for 1800 and was a major factor leading to the defeat of Adams by Thomas Jefferson.  Jefferson, who strongly supported the right to free speech, quickly pardoned all those convicted under the Act.  The constitutionality of this Act has never been challenged in U.S. courts because issues related to sedition disappeared from the US political landscape after that period except in times of war. 

Elsewhere, as noted by several commentators, the law of sedition was used against Mahatma Gandhi in India during the colonial period. 

The Malaysian law on sedition was used against Lim Guan Eng, and more recently is being used to charge RPK and reports have been made against a growing list of politicians. 

Several comments have been made on the use of the sedition in Malaysia, including by blogger Malik Imtiaz Sarwar and columnist Azmi Sharom, which have influenced the observations I offer here. 

Firstly, laws about sedition are illogical in a democratic setting.  Sedition is “to bring into hatred or contempt or to excite disaffection…” against Rulers, Government or the administration of justice.  In a democracy, governments are comprised of the elected representatives of the Rakyat.  The best, most elegant and universal definition of democracy I’ve come across is the one used by Abraham Lincoln in his famous Gettysburg address: …”government of the people, by the people and for the people…”

If the government is comprised of the Rakyat’s representatives, what is wrong with the Rakyat criticizing its actions and behaviors?

Poor RPK - his alleged crime was inciting those intense negative feelings against the Government (especially one politician and his spouse) and its administration of justice in a case before the Court.  Shouldn’t RPK as a member of the Rakyat be able to criticize his or other elected representatives about the way an investigation and court case is being handled or mishandled.   Isn’t criticism part of democracy? 

It seems illogical that in Malaysia the Rakyat are not allowed to criticize their elected representatives who comprise the government!  

RPK is being victimized for his persistent pursuit of truth and justice. 

Secondly, like the 1798 US Act, Malaysian law allows for truth as a defense.  In the case of Karpal Singh, another who is being investigated for sedition, the law allows individuals to show that the Ruler has been misled or mistaken.  When a politician like Karpal Singh, and a lawyer to boot, believes a Ruler is mistaken, as in comments made about the Sultan of Perak, what do you expect him to do? He opens his mouth and expresses a viewpoint.  If opening one’s mouth and “correcting” the Ruler or government is seditious, one might as well ban politics as a profession.  To politicians, opening their mouth and expressing opinions, no matter how silly they are, is part of their job description.

Thirdly, authorities across the world have used sedition charges to suppress opposition.   Using such laws to pursue political opponents is dangerous.  Sooner than later, the Rakyat will catch on to its misuse: John Adams’ party, the Federalists, was defeated in 1800 and for all intents and purposes ceased to exist after that elections. And everyone knows what happened to the colonial empire!  A cautionary tale indeed for UMNO in Malaysia.

In Malaysia right now, reports alleging sedition have been filed against Karpal, AAB, politicians in Trengganu – I have lost count.  Apart from talk about the TDM resignation and potential defections, hunting for seditious activity seems to have become a full time occupation in the political class.  What a waste of time and money.  It took at least five members of the police to raid RPK’s house and seize his computer(s).  It’ll need several more to investigate Karpal and the others on the hit list.  I hope a member of the Dewan Rakyat (the House “of the people, by the people and for the people”) asks a question about the time and resources being spent by the Police and the Attorney General’s Office in pursuing seditious activity. 

And in the meanwhile what happens to solving real crimes?

One of these days, those UMNO politicians who support the use of laws in order to suppress opposing political viewpoints and free speech will find themselves sitting in the Opposition benches of the Dewan Rakyat.  Everyone knows that politicians have an uncanny ability to get their opponents into trouble and so one cannot rule out the possibility that some of these UMNO politicians may be accused of inciting “intense” feelings and therefore come under investigation by a new government. 

If that time comes, they’ll be need a persistent RPK to advocate their case in Malaysia Today and a talkative Karpal Singh representing them in court.

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