The popular court will probably decided the outcome, irregardless of what the Federal Courts decide. This will be interesting to watch and I believe might change the course of this country. With this action, it may well seem that RPK may change the course of our country.
For those trying to educate their children (like mine), here's some reading from Wikipiedia.
The Sedition Act in Malaysia is a law prohibiting discourse deemed as seditious. The act was originally enacted by the colonial authorities of British Malaya in 1948. The act criminalises speech with "seditious tendency", including that which would "bring into hatred or contempt or to excite disaffection against" the government or engender "feelings of ill-will and hostility between different races". The latter provision includes the questioning of certain portions of the Constitution of Malaysia, namely those pertaining to the Malaysian social contract, such as Article 153, which deals with special rights for the bumiputra (Malays and other indigenous peoples, who comprise over half the Malaysian population).
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. | ” |
Section 3(2) provides certain exceptions, providing examples of speech which cannot be deemed seditious. It is not seditious to "show that any Ruler has been misled or mistaken in any of his measures", nor is it seditious "to point out errors or defects in the Government or Constitution as by law established". It is also not seditious "to attempt to procure by lawful means the alteration of any matter in the territory of such Government as by law established" or "to point out, with a view to their removal, any matters producing or having a tendency to produce feelings of ill-will and enmity between different races or classes of the population of the Federation". However, the act explicitly states that any matter covered by subsection (1)(f), namely those matters pertaining to the Malaysian social contract, cannot have these exceptions applied to it.
Section 3(3) goes on to state that "the intention of the person charged at the time he did or attempted (a seditious act) ... shall be deemed to be irrelevant if in fact the act had, or would, if done, have had, or the words, publication or thing had a seditious tendency". This latter provision has been criticised for overruling mens rea, a legal principle stating that a person cannot be guilty of a crime if he did not have the intent to commit a crime.[1]
A person found guilty of sedition may be sentenced to three years in jail, a RM5,000 fine, or both.
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