The Three Largest Threats That Have Destroyed The Progress Of The Malays Malaysians And Malaysia

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Ini panjang sikit. But I hope you will read it.

First here is some news :



https://www.malaysiakini.com/news/459606
Lawyers for Liberty (LFL) panned use of Sedition Act 1948 by policearrests of individuals over posts about former Agong as  "mob rule"
Latheefa Koya said arrests reminiscent of "BN intolerance" to freedom of speech
Sedition Act heavily objected by Pakatan coalition prior to forming government
"authorities quick to react to mobs on social media demanding action" authorities must discern  when reacting to viral messages on social mediaespecially if the 'insulting' post has been exaggeratedto do so would be tantamount to mob rule
shocking that in Malaysia Baharu, Sedition Act still used by police to crack down mere social media comments,  non criminal in nature
role of  police to maintain public order, prevent crimesnot arbiter of  acceptable speech or posts on social media
threats, incite violence, incite crime investigate under Penal Code
Latheefa said: "authorities cease needless arrests pertaining to social media..
authorities must tackle genuine criminal mattersdont get involved in petty political issues that should not be their concern 
'Restore moratorium on Sedition Act'
Centre for Independent Journalism called govt to restore Sedition Act moratorium
CIJ : insults are not threat to national security, public order, race relations should not warrant arrests under Sedition Act
Gobind said Act  reserved for national security, public order, race relations recent arrests do not fall within above categories set out by Gobind 
[OSTB : I agree fully with Latheefah Koya and the CIJ. Latheefah speaks with great passion and conviction. I really hope that she will see her vision come true because what Latheefah says about the Sedition Act is the truth. Sadly Gobind is not the Minister of Home Affairs. This is the weird part. How can Gobind talk about the Sedition Act when the enforcement is under Home Affairs?]
arrests demonstrate problem   of lifting moratorium on Sedition Act
"CIJ calls on govt to reimpose moratorium on Sedition Act and abolish Sedition Act without delay to prevent future abuse Sedition Act draconian colonial-era law CIJ said
criticism of three arrests over social media posts about Kelantan Sultan IGP  said arrests followed police reports by public 
[OSTB : So what? Maybe the public who made the police report are stupid.]
Election promise
Harapan govt moratorium on Sedition Act last October, pending repealrepealing Sedition an election promise by Harapan prior to 14th GE 
My comments :   This is evidence enough that large sections of our society are immature and childish.  Like little children who run crying to their mommy when they feel insulted.



Please grow up.  Dont be a cry baby.  
How do you even define insult? Is calling someone stupid an insult? What about calling someone a moron? 
If you say that someone  is unintelligent that is not an insult.But that is also the dictionary definition of moron. Its the same thing.

So what is an insult? 

Ok say that a particular word is "insulting". So what?  How can it be a crime?

"The previous Prime Minister was a super moron". How is that a crime?
"Adolf Hitler was a super moron". That is not a crime.
"The Sultan of xxxxx is a super moron".  Crime or not a crime?
"OutSyed The Box is a super moron".  Thats ok? 

How about :

"Adolf Hitler was a bastard".  Not a crime.
"Imam x x x x was a bastard".  Crime or not crime??

For those of you who are still confused - write this on your forehead M U N A F I K. Hypocrite. 

All intelligent societies around the world (it is qualified - intelligent societies only)  have decriminalised silly and childish ideas like these.   

Insults, blasphemy etc are not and cannot be  crimes. 

Blasphemy? 
Blasphemy against which god? 
Against your god? 
Banyak cantik. 

(By the way have you answered the 'why' question yet?) 

I want to share some thoughts about what I consider the three largest threats that have already destroyed our progress - THUS FAR. 

(But dont worry. Progress is a continuous process - you can always correct your mistakes and turn things around. We can always progress again. It is not the end of the world.)

ALL the three things that have destroyed our progress so far are our LAWS. The Laws of Malaysia. Three laws or  'Acts' in particular : 

1. The Sedition Act
2. The Shariah Criminal Enactments aka the 3,5,6 Laws 
3. The Libel Laws  

The Sedition Act has stunted the progress of the Malays especially, plus all Malaysians. The Shariah Criminal Enactments have stunted the progress of the Malays/Muslims.The Libel Laws have stunted the progress of ALL Malaysians.

I consider these three laws, in their present form,  a serious and existential threat to the security of Malaysia. 

Rang undang-undang ini adalah bahaya dan ancaman besar terhadap keselamatan negara kita.

I repeat - these THREE sets of laws are a major and existential threat to the security of Malaysia.

If I were to rank these three, the last one the Libel Laws have done the most damage to Malaysia - and continue to do so. 

In my view the Malaysian Libel Laws are more dangerous and are a greater threat to the security and progress of Malaysia than ISIS, Al Qaeda, Salafis, Communists, the ISA, the SOSMA, POTA, the Sedition Act or the Shariah Criminal Enactments etc.

Do read on.

All the progressive countries in the world have gone through a learning curve to become more progressive and democratic. There is no full stop.  There is no end to improving a society. It is a continuous process. 

In the US, women were not allowed to vote until 1918. Just a hundred years ago,  the 19th amendment to the American Constitution allowed American women 'suffrage' or the right to vote. And get this - while the US Congress voted for the 19th Amendment the US Senate voted against it !!  

In 1964, when I was four years old, Martin Luther King was awarded the Nobel Peace Prize for his struggle for black people's rights in the US. This struggle included giving black people their  right to sit in the front rows of buses and trains, to be served food in American restaurants etc.  This was just 55 years ago in the United States of America.  (And I arrived in the United States just 18 years later in 1982 - where I was still able to see first hand the racial discrimination against the non white people.)

So democracy, human rights, basic human freedom and social progress in general are  still work in progress, even in the United States of America. 

Back to Malaysia - I have said this before - the ISA should not have been abolished.  We need the ISA.  It served a very important role.  The ISA's replacement like the SOSMA, POTA, NSC etc are also needed - but they must be carefully worded, monitored and regulated to AVOID abuse. 

The fear that the ISA can be abused (and yes it has been abused by the unscrupulous) is no justification for abolishing it. 

Any law can be abused. Lawyer friends have told  me of  corruption and injustice  in the Traffic Courts (to settle car accidents and insurance claims).  People can be bribed to say the car was facing this direction, the broken glass was found towards the left side or the front side etc - which can have a bearing on the outcomes.  So does that mean we should abolish the Traffic Laws as well ?  I dont think so. 

What I am trying to say is that any law can be abused - even the Traffic Laws.  Even AFTER the ISA was abolished,  Khairuddin Abu Hassan was still jailed for 30 days just for making a Police Report about the 1MDB.  Any law can be abused. 


TO PROGRESS A SOCIETY THE ACTUAL TOOL IS THROUGH LEGISLATION. THROUGH THE LAWS THAT ARE PASSED PLUS THE LAWS THAT ARE AMENDED OR ABOLISHED BY THE LEGISLATIVE PROCESS OF A COUNTRY. BY THE PARLIAMENT, THE CONGRESS, THE SENATE ETC.

You can shout all you want, you can demonstrate all you want, you can BERSIH all you want, you can organise all the seminars and conferences that you want but UNTIL some law is passed, amended  or some law is abolished - to advance the cause you are fighting for -  ALL your complaining is just hot air and just wasted effort.

You are against child marriage? If the law is not changed or enacted, all your fighting is in vain.

You want freedom of religion and freedom FROM religion?   If the law is not changed,  abolished or enacted then all your fighting is in vain.

You want laws regulating political funding?  If a political funding law is not enacted, all your fighting is in vain.

You want ALL FOREIGN FUNDERS / FOREIGN SPONSORS of local NGOs, local political parties and local religious  organisations to declare themselves, to be registered and to be monitored (as they should be) ?  If a new law governing foreign funders / foreign sponsors is not enacted then all your fighting is in vain.  It will not happen.

SO FOR ANYTHING GOOD TO HAPPEN IN THE COUNTRY YOU MUST CHANGE THE LAWS AS NEEDED. EITHER ENACT NEW LAWS, CHANGE OLD LAWS OR ABOLISH SOME LAW COMPLETELY. 


1. The Sedition Act

If there is another name for the Sedition Act (Akta Hasutan) it should be called The Idiot Act. Or Akta Memperbodohkan Orang Malaysia.  Because that is exactly what it does.

Do you want proof? Here it is.   The Sedition Act was 'passed' in 1948. At that time there was no Malaysia. The "government" then was the British government. So in which Parliament was "our" Sedition Act passed in 1948?  In the British Parliament in London.

You can check out Wikipedia here    :    [The act was originally enacted by the colonial authorities of British Malaya in 1948. The act criminalises speech with "seditious tendency", including that which would "bring into hatred or contempt or to excite disaffection against" the 'colonial British' government or engender "feelings of ill-will and hostility between different races".]

Hostility between races kepala hotak. The British had already created hatred and hostility between the races through their divide and rule policies.  They were the ones who created the hostility between the races in the first place.

The British made sure that the Sedition Act was a vague, very subjective and illogical act which basically gave the colonial government a blank cheque to arrest and jail anyone whom the British colonials  did not like.   Sadly (and cleverly)  our own governments (the Barisan Nasional government and now the Pakatan government) have continued with this Sedition Act. 

For example (from Wikipedia) :      "In 2003, then Deputy Prime Minister Abdullah Ahmad Badawi threatened to charge opponents of a change in educational policy with sedition."

So even not agreeing with the education policy was deemed 'seditious'.  

THE SEDITION ACT HAS ONLY ONE PURPOSE - TO CURB FREEDOM OF SPEECH. THAT IS ALL. 

All the six or seven "branches" of the Sedition Act are just camouglage. The real purpose is one and one only -  TO CURB FREEDOM OF SPEECH.

This Sedition Act MUST and should be abolished.  This act is keeping us stupid. Akta yang memperbodohkan manusia.

Here is something for you to think about. The Sedition Act can be used against anyone who questions,   criticises or  "insults"  the Sultans.  That is what Latheefah Koya and the CIJ are  referring to above. 

But what about when the ordinary citizen is insulted? How come it is not seditious?  

When the previous Prime Minister called people  'banggang',   'haramjadah' and  'kepala bapak' how come it was not seditious? 

Lets say in the future (hypothetically) a royal  calls someone banggang, haramjadah or kepala bapak, then is that sedition or no?

And ponder this carefully ok -  the sultans have great authority. They have great influence, great wealth, some of them even have their own military force. They are actually almighty, almost untouchable.  By any measure these are very powerful people. 

In huge contrast,  you (dear ordinary Malaysian) are just a skinny rakyat with not much of anything - other than your right to vote which  comes around only once every FIVE LONG YEARS.

So who is the one who needs protection and from whom?  

The mighty and powerful sultans, some of whom even have their own military force or you the ordinary, skinny rakyat driving around in your Proton and Toyota, scurrying  around trying to make ends meet  every month ? 

This reminds me of my old co-worker friend Ron Wilson in the US - an African American - who used to rap the following  : 

'Little people aint got no right to live. 
With their little bitty eyes and their little bitty feet. 
Walkin' around. 
Going beep beep beep.' 

It was black humour against little people - but it actually refers to you and me.  
Just because we are little people, we seem to have less rights than others. 
We just walk around going beep, beep, beep. 

So please abolish the Sedition Act.  Without freedom of speech the security and peace of the country is seriously threatened.  The powerful, the mighty and the government can bulldoze all over the people and jail anyone who seeks to speak against them. This has already happened in the country. The damage has already been done. This is also why our society is still crawling around in darkness.  This must end now. Abolish the Sedition Act.


2. The Shariah Criminal Enactments

Malaysia did not have the Shariah Criminal Enactments. They only started taking off in the late 1980s and 1990s.  We really do not need these Syariah Criminal Enactments. Especially those enactments which criminalise "apostasy"  and religious "deviation".   These enactments have deprived the freedom of anyone (among the Malays and Muslims only) who challenges the religious orthodoxy.  Depriving freedom means sending people to detention and jail.

Depriving the freedom of anyone without just cause is a crime against humanity. Period.   And there is absolutely no just cause to jail anyone just for having  a different view about religion.  That by itself is another crime against humanity. 

These Criminal Enactments do not represent Islam universally. For example Hadi Awang has said that the khalwat laws are according to the Shafie sect. It is a sectarian law. Therefore it is NOT a universal Islamic law. It is certainly NOT in the Quran. 

And now there is a newer threat. 

Some State religious authorities have been taken over by the deviant and extremist sects who preach a hateful, violent and vengeful interpretation of their sectarian beliefs. So when the State religious authority itself has been compromised and/or corrupted by extremists and other deviationists how are the people ever going to criticise or check the power of the deviant State religious authority?

The same applies for 'Federal' religious authorities like Jakim. If for instance Jakim is taken over or influenced by extremists and/or deviationist religious beliefs then how are the people going to check the religious deviation of the government authorities?  

This is a very dangerous situation that can potentially destroy the country.   In a situation where there is so much difference of opinion,  never ending debate and inconclusiveness about religion,  to then criminalise religious issues and give the power of prosecution to any religious authority is certainly inviting disaster.  

Religion is not based on evidence, logic or even rational behaviour. Religion runs on blind faith. It is therefore inconclusive.  The only conclusiveness in religion is within your own sect.  Outside your own sect the religion is different. The conclusions are different. So how can you criminalise anyone's religious belief ? 

For over 500 years Islam in Malaysia was fine, BEFORE these 'Shariah Criminal Enactments' started coming into force beginning in the late 1980s.  The Shariah Criminal Enactments, especially with reference to apostasy and "deviation" only came into being lately.  

This is another set of laws that must be abolished.  Islam does not need these laws. Muslims do not need these laws.  Malaysia does not need these laws. 

Mark my words - if we do not take out religion from the government and from our laws there will be religious violence in Malaysia.  It is best to decouple reigion from government completely. And it must be done now.

Muslims of all different sects and beliefs can live very peacefully together in countries like Singapore, Australia, the United States, England, France etc because in those countries there are NO Syariah Criminal Enactments.  No one will prosecute a Muslim just for being a Sunni, Shiah, Salafi  or whatever.

If Muslims in any of those countries fight among themselves, misbehave or cause chaos then their local Penal Laws will be applied against them - just like Malaysia too has our own Penal Code.   

If one sect picks a fight with another sect because of sectarian issues then arrest them and send them to jail. Period.  
You become violent you go to jail. Simple.
Dont kacau other sects and other sects should not kacau you.

This is why Shias, Sunnis, Salafis, Soofys etc can all live peacefully  beside each other but only in Singapore, the US, UK, Australia, France, Germany and other progressive countries in the world.

On the other hand the Islamic countries themselves cannot enjoy peace because they criminalise religion - the other fellows religion. 

This is very stupid and very, very dangerous.

Dont come and tell me your buntot lembu understanding of religion is better than mine. 

3. The Libel and Slander Laws - The greatest threat to our progress as a society.

Known in colloquial Malay as 'saman malu'.  The libel laws (when someone writes something that is deemed as defaming someone else) and slander laws (when someone says something defamatory) are truly archaic (out of date, dinosaur, old fashioned.)  

In Malaysia our libel laws are extremely plaintiff friendly. 
Meaning it is easy for someone to sue someone else for libel or slander.

In our country politicians often sue people for libel and slander.
Brader Anwar has sued quite a few people. 
Lim Guan Eng has threatened to sue people a few times for libel or slander. 
Super Moron has sued people. 

This is very wrong.  

The people (thats you and me) must have the freedom (from being sued in Court for libel) to write whatever we want about these politicians PLUS other public personalities. 

I have spoken about this before.  

In the West, especially in the US their libel laws have defined what is known as a public personality. 

A public personality is anyone who derives his income, livelihood, social status and / or fame from the public. This will include the US president, all politicians, actors, artistes, rich business tycoons, the petrol station owner, the 7-11 fellow, the local dentist, doctor, bloggers, writers, school teachers and just about anyone. (Housewives, pensioners staying at home, widows, grandpa, grandma will not considered public personalities.) 

Once you are qualified as a public personality it is next to impossible for you to sue anyone for libel or slander. Meaning anyone can say anything about you and you will find it very difficult to sue them in court for libel or slander.

This is why they have such hilarious, popular and very, very powerful comedies and talk shows in the US, UK and elsewhere in the progressive countries.  

The stand up comedians and the talk show hosts make their careers out of poking fun, criticising and making fools of their presidents, prime ministers, kings, politicians, government ministers, business tycoons, religious people, the Pope etc etc. They provide a no holds barred check against the high and the mighty. 

And if politicians are involved in even a hint of a scandal or controversy  the  tv hosts, talk shows, comedians and newspaper writers will rip them to pieces.  

Here is an example (please click here).

They have amended their libel and slander laws to be less protective over people who demand that the public put their trust in them.  

If you say 'My husband is god's gift to mankind' then please dont sue people when they point out your husband's true character. 

To me our outdated libel laws in Malaysia are causing serious damage to our society and our country.

For example I would have written more about the 1MDB scandal because I too had information. But I did not because of our over strict libel laws. Libel laws that would have protected Najib and gang.

I frequently receive information about people, companies and organisations. 

Recall that recently 'sudah hilang kerja' fellow's list of expenses? 
How many of you recall MAS The Flying Buffet (Part 1 and 2?) - from circa 2008? 

All that information MUST and SHOULD HAVE been written openly - without fear of being sued for a hundred million Ringgit.

But because our libel laws are so protective of the high and mighty it is next to impossible to expose what they are up to. 

I mean shouldnt we write about a r _ _ _ l who smashed a beer mug in a girl's face?
Or how a business tycoon gets around the customs department? 

Unfortunately the libel laws in Malaysia are too tight and too strict - in favour of all these "public personalities".

We must amend our libel and slander laws. Not much. Just put in an extra paragraph  defining "public personalities'.  And make it very difficult for these "public personalities" to sue people.


To conclude, my wish is that we also enact TWO NEW LAWS:

1. It must be made mandatory that Police /  AG's Chambers must pay some fixed damages to anyone whose remand is cancelled or not extended by the Courts.  There are hundreds of cases where Police arrest someone and put them in the lock up. Then they go to the Majistrates Court to ask for a Remand Order.  Or after  the remand period is up, the Police may take the person to Court again and ask for the remand to be extended. 

It has happened numerous times that the Court either does not grant the Remand Order or does not extend the remand period. The 'accused' person is then set free. He is told to go home as though nothing wrong has happened.

But his reputation is already damaged. He has also suffered fear, humiliation and physical danger (of being locked up with criminals and gangsters).

Of course the law provides him an avenue to sue the Police, the AGC etc but not everyone has the money, the time or the capacity to sue the all powerful government.

This is where we must amend the laws such that if a person is arrested and taken to Court and the Court releases him, or his Remand Order is not extended by the Court then the Police / AGC MUST pay that person a mandatory amount of damages, plus issue a public apology for wrongfully arresting that person.  There must also be a mandatory inquiry why the Police arrested him in the first place - with disclipinary and punitive action to be taken against those involved. 

This provision must also be extended to protect those charged in Court who are acquitted by the Court WITHOUT their defense being called.  In other words those cases where the Court is convinced are wrongfully charged from the beginning.  Such "wronged" people must be paid mandatory compensation WITHOUT having to engage a lawyer and suing the government.

In this way BOTH the Police and the AGC will be ultra careful about who they arrest and who they bring to court and under what charges. It means 'do your work carefully'.  The Police and the AGC too should be punished if they screw up.

You cannot simply mess with peoples' lives and then say 'Oh we are just doing our job'.  You can go and swim in the Bahia Cochinos.

2. The second set of laws that we must enact must be a law to criminalise any act, legislation or any regulation that seeks to prevent people from exercising free speech and their freedom of expression.

It must be made a crime if anyone tries to restrict someone else from freedom of thought, freedom of speech and freedom of expression.  You must go to jail if you try to prevent others from speaking freely or from expressing themselves freely.  That must be made a criminal offence with heavy penalties, including going to jail.

We are in deep shit because we have shackled ourselves by our own unthinking selves.  
  
We are not a clever people. 
In fact we are quite stupid.

You mess with your own freedom, you become ignorant, poor, violent and a failure.

It is all about freedom.Posted by Syed Akbar Ali 

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