Forum: POTA & Sedition Act - Progression or Regression?
Organized by Mahasiswa Keadilan, KL & Selangor Chinese Assembly Hall, Kuala Lumpur 16/06/2015
The Prevention of Terrorism Act, POTA, is an anti-terrorism law that was passed by the Malaysian government on 7 April 2015. It enables the Malaysian authorities to detain terror suspects without trial for a period of two years. POTA also does not allow any judicial reviews of detentions. Instead, detentions will be reviewed by a special Prevention of Terrorism Board. The POTA bill has been criticised by opposition elements as a reincarnation of the former Internal Security Act, which was revoked in 2012
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 The act was originally enacted by the colonial authorities of British Malaya in 1948.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 meaning of "seditious tendency" is defined in section 3 of the Sedition Act 1948 and in substance it is similar to the English common law definition of sedition, with modifications to suit local circumstances. The Malaysian definition 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).