KUCHING: The Sedition Act 1948 should be revised and strengthened to align with present-day realities in order to maintain harmony, unity and public order in Malaysia.
Universiti Utara Malaysia (UUM) senior lecturer Dr Hafidz Hakimi Haron said that it follows the element of intent (mens rea) not being considered under the Sedition Act 1948 when someone makes a sensitive statement.
“If the act has occurred, it is regarded a violation of the law, regardless of the perpetrator’s intention.
“Thus, the element of intention needs to be included in the amendment to the Sedition Act 1948, to prove the crime of sedition,” he said during the Media Law Literacy Series Course organised by the Malaysian Press Institute (MPI) at Cyberjaya yesterday (Sept 25).
He pointed out that the principle of criminal law requires the existence of intent and action to establish guilt.
Hafidz said at the moment, the element of intent is not important in the Act.
“For example, an individual might make a joke on stage that inadvertently touches on sensitive racial issues. While the person may not have intended to cause division and only want to entertain the audience, the action could still be considered seditious, despite no intention to incite.
“Hence, it is why this suggestion is always deemed as a bit harsh because mens rea is not relevant in the Act,” he said.
The two-day Media Law Literacy Series Course, held from Sept 25 to 26, was attended by over 30 participants from various media organisations across the country, both in-person and online via Google Meet.
