Lawyers: Analyse all factors before making legislation

PETALING JAYA: The government needs to give careful consideration before introducing new laws to prevent acts of sedition against the royal institution, lawyers said.

Assoc Prof Dr Shamrahayu Abdul Aziz lauded the government’s move to clarify what amounts to sedition against the royal institution.

But due consideration must be given to the implications of enacting new laws to tackle the issue, she said.

“It will be as though Parliament is interpreting the law, which would tie up the court’s hands and restrict its duty to define the offence,” she added.

She was responding to Minister in the Prime Minister’s Department Datuk Liew Vui Keong who said the government would come up with new laws to protect the sanctity of the royal institution from being humiliated and attacked by irresponsible people.

Instead of new laws, Shamrahayu suggested that the government improve the Penal Code, Sedition Act and Communications and Multimedia Act.

It was more crucial to educate the people on the importance and role of the royal institution, she said.

“We can’t eliminate the problem solely by relying on the law. It must be done through education to improve the rakyat’s understanding of the royal institution,” she said.

Andrew Khoo said more clarity was needed on what constituted an insult against the royal institution.

But instead of considering new laws, Khoo, who is co-chair of the Bar Council Constitutional Law Committee, suggested that the government and the Attorney General’s Chambers provide policy guidance on how the issue should be dealt with.

“This guidance will contribute to the ending of the use of such police reports as an indirect form of harassment against those who wish to exercise their freedom of expression,” said Khoo.

Syahredzan Johan said Liew’s comments on enacting new laws could cause concern as it gave the impression that Pakatan Harapan was wavering on its commitment to freedom of speech.

He said the Prime Minister’s comments on the same issue were more reassuring in comparison.

Tun Dr Mahathir Mohamad had said yesterday that Malaysia must have a clear definition on what statements or actions are deemed insulting to the royal institution.

The Prime Minister also said that if a comment made by an individual is factual, the person should not be punished for the statement as it goes against the spirit of free speech.

“Dr Mahathir’s comment at least in some way reassures that there is still that commitment (to the spirit of free speech),” said Syahredzan.