As ‘3R’ cases flare up, Putrajaya mulls whether to abolish, amend or keep current laws governing provocative speech

KUALA LUMPUR, July 21 — The federal government said it hosted a legal dialogue with stakeholders earlier today to discuss laws governing race, religion and royalty (3R) issues, amid a spike of cases ahead of the state elections.

Minister in the Prime Minister Department (Laws and Institutional Reformation) Datuk Seri Azalina Othman Said in a statement said that there were possibilities discussed: whether to abolish current laws and enact replacements, to merely amend them, or keeping the status quo.

“The engagement session was held to examine the effectiveness of existing legislation, as well as the latest challenges faced by enforcement agencies.

“We also want to explore alternative legal models in dealing with this issue by taking into account international standards and best practices such as the Camden Principles, the Rabat Plan of Action and the UN Strategy and Action Plan on Hate Speech,” she said in a statement.

Azalina pointed out that the government intends to review the relevance of existing laws to ensure legislation is in line with current developments.

She highlighted how the laws currently in use — which included the controversial Sedition Act 1948, the Printing Presses and Publications Act 1984, the Communications and Multimedia Act 1998, the Electoral Offenses Act 1954 (and the Penal Code — may not be relevant anymore, with some being seven decades old.

Azalina said that the government is aware of the challenges faced by various enforcement agencies such as the police and the Malaysian Communications and Multimedia Commission (MCMC) in the implementation and enforcement of existing laws.

“The challenges are the rapid dissemination of information through the use of sophisticated technology, fake or hacked online accounts, anonymity and artificial intelligence technology (AI) which complicates the investigation and prosecution process,” she explained.

Azalina said the engagement session which was held at the Asian International Arbitration Centre (AIAC) here was attended by more than 50 representatives including from the Ministries of Unity and Home Affairs, the police, the MCMC, Bar associations, the civil society, academics and religious organisations.

She also said that the outcome of the discussion will be presented to the Cabinet.

“The unity government supports the right to freedom of expression as a right of Malaysians as guaranteed under Article 10(1)(a) of the Federal Constitution, in accordance with Article 19 of the Universal Declaration of Human Rights but at the same time taking into account that the right to freedom of expression must be used responsibly,” she said.

Last week, Azalina said suggested that a new Act, which may be called the “State and Nation Act” may be enacted similar to the Maintenance of Racial Harmony Act in Singapore, but drafted with the Malaysian context in mind.

Azalina said the proposal to create the new Act had been presented to the Cabinet and received a positive response.

According to her, the main challenge faced now is the use of social media to play up 3R sentiments, which can then be denied as there is no solid evidence to prove it happened.

Therefore, she said the existence of the new Act was a solution to the 3R issue that had become increasingly prevalent in the country in recent years, and would ensure the needs of the future generation are better met.