The National Human Rights Commission of Malaysia (Suhakam) has reiterated its stand urging that the Sedition Act 1948 be abolished.

At the unveiling of its 2015 annual report today, Suhakam chairperson Hasmy Agam said this is despite noting that Putrajaya had, in April last year, passed amendments to the law.

"The commission notes that the amendments to the Sedition Act have introduced both positive and negative aspects.

"In spite of these, the commission unreservedly reiterates our existing stance that the Sedition Act should be repealed to give true meaning to the right to freedom of expression, as guaranteed by Article 10 of the Federal Constitution," Hasmy said at a press conference at Suhakam headquarters in Kuala Lumpur today.

In its report, Suhakam raised concerns over several amendments that were passed, including the removal of discretionary powers of the court to impose a fine instead of a custodial sentence upon conviction.

“The commission in various settings has expressed its views on the use of the Sedition Act.

“The use of he Sedition Act is unjustified as the authorities may seek recourse through other laws or legal remedies,” the report said.

Elements of archaic laws

Hasmy also noted how elements of archaic laws which has been abolished are being incorporated into newly passed laws - including the Prevention of Terrorism Act 2015 (Pota).

Under its law review chapter, the report described the Pota Act as regressive, citing provisions that allow for arbitrary detention without trial.

Suhakam vice chairman Khaw Lake Tee also described the anti-terrorism law as “a step forward and two steps backwards”.

“The recent enactment of Pota 2015 together with the existing two preventive laws negate and deny the rights of any persons detained under those laws to a free and fair trial,” Khaw said in noting that a person detained under Pota can be detained without trial or legal representation by up to 59 days.

The two other preventive laws referred to in the report are the Prevention of Crime Act 1959 and Dangerous Drugs (Special Preventive Measures Act) 1985.