Ramkarpal disagrees with Dr M, says criticism can still be deemed seditious

(MMO) – DAP national legal bureau chairman Ramkarpal Singh today said that he disagrees with Tun Dr Mahathir Mohamad’s view that it is not seditious for the public to speak up against those who disregard the rule of law.

While he agreed with the prime minister that the rule of law must be respected by all Malaysians, the Bukit Gelugor MP said: “The law of sedition is peculiar in that statements and criticism with seditious tendencies are deemed seditious irrespective of the intention of the critic.

“In other words, a critic may honestly feel that he is justified in criticising or speaking freely on an issue that he or she feels is justified but such criticism will still be deemed seditious if it carries with it certain seditious tendencies.”

Reacting to the prime minister’s latest post on his blog, Chedet, Ramkarpal said that the intention of the critic is also irrelevant.

“The court decides what is and is not seditious. It is also immaterial if the impugned statement or criticism is true or not,” he said in a statement.

However, he said that as long as the Sedition Act, 1948, remains in force, there will always be a fear of speaking freely, particularly on sensitive issues, and especially when the government’s stance on freedom of speech is in doubt.

“No doubt, freedom of speech, or any other constitutionally guaranteed freedom, for that matter, is never absolute.

“However, as much latitude as possible must be given to citizens to express their views and criticism on matters even if they are sensitive in nature as constructive criticism is a necessary part of any democracy,” he said, urging the government to abolish the Sedition Act in line with its election manifesto.

Dr Mahathir had earlier on his blog said that it was disturbing to see blatant breaches of the law being perpetrated in the mistaken belief that immunity has somehow been accorded and that action will not be taken by the authorities.

“In other words the rule of law has been ignored and the results are predictable. The citizens suffer from injustices. Businesses cannot be done properly. Property has been seized. Unusual and illegal actions have been perpetrated.

“This being so, public complaints against such actions are legitimate and do not breach any law. They will not be considered as sedition in any way. They will be regarded as free speech.  Citizens can make reports on these matters or openly speak about them,” Dr Mahathir said.