(September 4): The International Commission of Jurists (ICJ) has expressed its concerns on Putrajaya's use of the Sedition Act to stifle freedom of expression and silence voices perceived as challenging government policies.

Its international legal adviser on Southeast Asia, Emerlynne Gil (pic) said the law must be repealed as it was incompatible with international standards.

“Over the past few weeks there has been a marked increase in the number of sedition charges filed by authorities in what seems like a clear crackdown against freedom of expression in Malaysia,” she said in a statement.

Gil said that Prime Minister Datuk Seri Najib Razak had promised to repeal the law in 2012 but so far there are no steps towards fulfilling this promise.

"In fact, we now see vigorous use of this outdated and odious law,” Gil added.

On Tuesday, University Malaya law professor Dr Azmi Sharom was charged with sedition based on statements in an article entitled “Take Perak crisis route for speedy end to Selangor impasse, Pakatan told”, which was published on a news portal on August 14.

If found guilty, Azmi could face a fine of up to RM5,000 or a maximum jail term of three years or both.

“Laws that criminalise free expression have no place in a modern Malaysia, and are incompatible with international human rights standards,” said Gil, adding that the charge against Azmi must be dropped immediately.

The Sedition Act, originally enacted by the British colonial government in 1948 and amended several times over the years, criminalises speech and publications considered to have "seditious tendencies".

The term "seditious tendencies" is ambiguously defined to mean any kind of speech or publication that causes “hatred or contempt, or excite disaffection” against any ruler or the government or promotes “ill will and hostility between the different races or classes”.

The law also considers seditious any speech or publication that questions the special privileges of the Malays as provided in the Federal Constitution.

Over the past week, a number of opposition politicians – Padang Serai MP N. Surendran (PKR), Shah Alam MP and PAS central committee member Khalid Samad, and Seri Delima assemblyman R.S.N. Rayer (DAP) – have all been charged with sedition.

Seputeh MP Teresa Kok (DAP) and Batu MP Tian Chua (PKR) are also facing trial for sedition.

PKR vice-president Rafizi Ramli was charged with threatening peace for his comments against Umno members while former Perak menteri besar and Changkat Jering assemblyman Datuk Seri Mohammad Nizar Jamaluddin (PAS) was charged with criminal defamation for a statement he had allegedly made two years ago.

All these elected representatives risk losing their public office if the court imposes a fine of RM2,000 or more, or at least one year’s jail term.

Meanwhile, the Centre for Independent Journalism (CIJ) is appalled that the Malaysiakini journalist was arrested under the Sedition Act for reporting the comments of a Penang executive councillor.

Calling it a classic case of shooting the messenger, CIJ said "Loone has been detained by police for reporting what somebody else has said".

The organisation called for an immediate end to investigations under the Sedition Act  and for its repeal to be considered a matter of urgency.

"Too many Malaysians are losing their fundamental rights to freedom or expression and movement as a result of this arcane law," CIJ said in a statement.

CIJ added that Loone's arrest also clearly contravenes Najib's comments on May 26 this year: “A strong and vibrant media is an essential part of a mature democracy” and the “press can hold governments, corporations and people to account.”