SEDITION (AMENDMENT) ACT 2015

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

Amendment of section 2

broadcasted so as to be available for reception by members of the public or of a section of the public; or

communicated through network services to members of the public or of a section of the public;’.

Amendment of section 3

in subsection (1)—

in paragraph (a), by deleting the words

“or against any Government”;

by substituting for the words “and hostility”

the words “, hostility or hatred”; and

by deleting the word “or” at the end of the paragraph; and

in subsection (2)—

in paragraph (b), by deleting the words “or in the administration of justice”; and

between different races or classes of the population of

Malaysia; or

between persons or groups of persons on the ground of religion,”; and

Sedition (Amendment)

by substituting for subsection (3) the following subsection:

“(3) For the purpose of proving the commission of any offence against this Act, the intention of the person charged at the time he did or attempted to do or made any preparation to do or conspired with any person to do any act or uttered any seditious words or printed, published or caused to be published, sold, offered for sale, distributed, reproduced or propagated any publication or did any other thing shall be deemed to be irrelevant if in fact the act had, or would, if done, have had, or the words, publication or thing had a seditious tendency.”.

Amendment of section 4

in subsection (1)—

in paragraph (c), by inserting after the word

“publishes” the words “or causes to be published”;

by inserting after subsection (1) the following subsection:

“(1a) Any person who—

does or attempts to do, or makes any preparation to do, or conspires with any person to do, any act which has or which would, if done, have a seditious tendency;

utters any seditious words;

prints, publishes or causes to be published, sells, offers for sale, distributes or reproduces any seditious publication;

or

propagates any seditious publication, and by such act causes bodily injury or damage to property shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term of not less than three years but not exceeding twenty years.”.

New section 5a

order the person to surrender his travel documents within such period specified in the order until all proceedings in relation to the charge against the person have been concluded; or

in cases where the person has no travel documents and he is a citizen or permanent resident, order the

Director General of Immigration not to issue any travel document to the person until all proceedings in relation to the charge against the person have been concluded.

Any person who fails to comply with an order made under paragraph (1)(a), shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five

Sedition (Amendment)

7

thousand ringgit or to imprisonment for a term not exceeding three years or to both, and his bail shall be revoked by the court.

For the purpose of this section—

by substituting for subsection (1) the following subsection:

“(1)  Where on the application of the Public Prosecutor it is shown to the satisfaction of a Sessions Court

Judge that the making or circulation of a seditious publication—

is or if commenced or continued would likely lead to bodily injury or damage to property;

appears to be promoting feelings of ill will, hostility or hatred between different races or classes of the population of Malaysia; or

appears to be promoting feelings of ill will, hostility or hatred between persons or groups of persons on the ground of religion, the Sessions Court Judge shall make an order (“prohibition order”) prohibiting the making or circulation of that seditious publication (“prohibited publication”).”;

by inserting after subsection (1) the following subsection:

“(1a)  The prohibition order under subsection (1)

shall—

require every person having any copy of the prohibited publication in his possession, power, or control to deliver forthwith every such copy into the custody of the police; or

in the case of a prohibited publication by electronic means—

require the person making or circulating the prohibited publication to remove or cause to be removed wholly or partly the prohibited publication; and

Sedition (Amendment)

forthwith deliver every such prohibited publication into the custody of the police; and

in the case of a prohibited publication by electronic means, remove or cause to be removed wholly or partly the prohibited publication, and if he fails to do so, he shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both and, in the case of a continuing offence, to a fine of three thousand ringgit for each day during which the offence continues after conviction and in default of the payment of the fine, be liable to imprisonment for a term not exceeding one year.”; and

by substituting for subsection (4) the following subsection:

“(4)  Any person who contravenes a prohibition order made under subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both and, in the case of a continuing offence, to a fine of three thousand ringgit for each day during which the offence continues after conviction and in default of the payment of the fine, be liable to imprisonment for a term not exceeding one year.”;

by substituting for subsection (5) the following subsection:

“(5)  Every person who knowingly have in his possession, power or control a prohibited publication shall—

by deleting subsection (9).

New section 10a

is or if commenced or continued would likely lead to bodily injury or damage to property;

appears to be promoting feelings of ill will, hostility or hatred between different races or classes of the population of Malaysia; or

appears to be promoting feelings of ill will, hostility or hatred between persons or groups of persons on the ground of religion, the Sessions Court Judge shall make an order directing an officer authorized under the Communications and

Multimedia Act 1998 [Act 588] to prevent access to such publication.”.

KUALA LUMPUR