Azalina: Govt to review outdated laws related to 3R

SHAH ALAM - The government will review the relevance of existing laws to align with current developments following an increase in cases of provocation concerning the 3R - religion, race and royalty.

Minister in the Prime Minister's Office (Legislation and Institutional Reform), Datuk Seri Azalina Othman Said, said some of the existing laws - the Sedition Act 1948 (Act 15), the Printing and Publishing Act 1984 (Act 301), the Communications and Multimedia Act 1998 (Act 588), the Election Offenses Act 1954 (Act 5), and the Penal Code (Act 574)—have not been revised since their enactment seven decades ago.

"An engagement session with the Focus Group Discussion and 3R Legal Dialogue on the provocation issue has been conducted, and the outcome will be presented to the Cabinet," she said.

"It was held to study the challenges faced by enforcement agencies and also to explore alternative legal models in dealing with the issue by taking into account international standards and best practises such as the Camden Principles, the Rabat Plan of Action, and the United Nations Strategy and Action Plan on Hate Speech," she said in a statement on Friday.

The law minister added that the government would continue to engage stakeholders, such as the police, the National Unity Ministry and Home Ministry, the Malaysian Communications and Multimedia Commission (MCMC), Bar associations, and Non-Governmental Organisations (NGOs).

Azalina added that through the session, there were three main questions presented to the participants for discussion, namely whether Malaysia needs the repeal of existing legislation and the drafting of new acts.

She explained that it was to be considered whether to repeal legislation such as the Sedition Act 1948 (Act 15) and replace it with a new law for more specific offences.

"In addition, the government can consider creating new criminal, quasi-criminal, or civil legislation. Secondly, the Amendment of the Legislation is to make amendments to the existing legislation to ensure that the issue of 3R provocation can be dealt with holistically.

"Thirdly, no Legislative Amendment means no legislative change is required where efforts to deal with the 3R provocation issue continue through other approaches," he said.

She said the government is also aware of the challenges various enforcement agencies face in implementing and enforcing existing laws.

"Among the challenges faced by enforcement agencies such as the police and MCMC is the rapid dissemination of information through sophisticated technology and fake or hacked online accounts.

"Due to confidentiality, the names cannot be traced, and the artificial intelligence (AI) technology makes the investigation and prosecution process difficult," he added.

She added that the government would continue to involve all stakeholders in considering the direction of holistic policy and legislation to guide the administration in dealing with provocation issues involving 3R.

Simultaneously, Azalina said, the government encourages the public to practise tolerance, harmony, and unity.

"The Unity Government supports the right to freedom of expression as the rights of Malaysians are guaranteed under Article 10(1)(a) of the Federal Constitution, in line with Article 19 of the Universal Declaration of Human Rights.

"It includes taking into account the right to freedom of expression, but it should be practised responsibly," he explained.