Malaysia’s decision to dismiss a challenge to the colonial-era Sedition Act has limited the country’s freedom of expression.
The Federal Court’s ruling is a setback to persecuted Malaysian cartoonist Zulkiflee Anwar Haque, aka Zunar, who is facing nine simultaneous charges under the law and will appear court on 6 November.
“The ‘approval’ of the Sedition Act by the Federal Court is totally disappointing, unacceptable and undemocratic,” Zunar said in a statement.
The court, challenged by law professor Azmi Sharom, ruled on 6 October that the Sedition Act 1948 remains constitutional and a valid piece of legislation. Azmi had argued that the Sedition Act 1948 is not a valid law as it was not enacted by parliament and contradicted with the Article 10 of Malaysia’s constitution.
Article 10 of the constitution states, that “(a) every citizen has the right to freedom of speech and expression; (b) all citizens have the right to assemble peaceably and without arms.”
Zunar said: “The decision by the court simply mocked the Constitution and [is] politically motivated.”
The cartoonist said the Sedition Act has been used as political weapon by the government to constrain and curtail freedom of expression since it was introduced in 1948. More than 200 activists – students, lecturers, lawyers, writers, religious activists, opposition leaders and cartoonist – have either been arrested, detained, investigated or charged since last year.
“I am now being slapped with nine charges under the draconian act and facing a possible 43 years of jail term,” he added. “The hope to get justice from the court is just fairy tale.”
Malaysian cartoonist Zunar is facing charges under a colonial-era sedition act. (Photo: Sean Gallagher/Index on Censorship)
Malaysian police have opened an investigation on the latest book of political cartoons by Zulkiflee SM Anwar Ulhaque, or Zunar.
A sales assistant who manages online sales of the title, Sapuman – Man of Steal, on the website zunar.my has been ordered to attend a meeting with police under the sedition act. The questioning will take place in central Kuala Lumpur on Monday 5 October at noon.
“I strongly condemn these latest police tactics to frighten people from getting access to read and buy my books. My sales assistant did nothing illegal as the Sapuman – Man of Steal is not officially banned by the government. On the contrary, the police should investigate who took RM2.6 billion ($384 million) of public funds instead of clamping down on book sellers who sell books legally,” Zunar said in a statement.
This is the second online sales manager who has been investigated by the police. In November 2014, Zunar’s webmaster was investigated under the sedition act and the penal code. The police also harrassed MOLPay, a cash payment service for e-commerce merchants, to disclose the names of the cartoonist’s online customers, but the company refused to reveal the information. Zunar’s books cannot be sold in stores throughout the country due to pressure from authorities.
Sapuman is Zunar’s 18th book of political cartoons. Previously, seven of his books were banned by the government and confiscated by the police. Other books included Conspiracy to Imprison Anwar, Pirates of Carry-BN and Rose in Kangkong Land.
Zunar is currently facing nine simultaneous charges and 43 years in prison under the country’s controversial sedition act. The case, which was brought against him in April 2015, has now been postponed until 6 November while a legal challenge to the act is reviewed in Malaysia’s courts.
“Zunar and those who work with him are being harassed simply for exercising his right to express himself. We reiterate our call on Malaysia to immediately drop all charges against Zunar, stop targeting his colleagues and respect free expression,” said Index on Censorship CEO Jodie Ginsberg.
Malaysian cartoonist Zunar is facing charges under a colonial era sedition act. (Photo: Sean Gallagher/Index on Censorship)
Persecuted Malaysian cartoonist Zulkiflee Anwar Haque, who is facing nine simultaneous charges under the country’s controversial Sedition Act, has had his case pushed back until 9 September.
The artist, known as Zunar, told supporters in an email that his case had been adjourned pending a ruling from the Federal Court in a separate case that challenges the constitutionality of the Sedition Act.
The current case sees Zunar facing 43 years in prison over a tweet criticising the recent jailing of a Malaysian opposition leader. He has been targeted numerous times for speaking out against the Malaysian government in his editorial cartoons. Zunar was investigated under the sedition act for the first time in 2010, much of his work has been banned, and he has been subjected to repeated raids, arrest and detainment.
“Zunar is being prosecuted simply for exercising his right to express himself. We welcome the legal challenge to the Sedition Act; a tool the government uses to try and stifle and silence dissent from Zunar and other critics. But regardless of the outcome in that case, we reiterate our call on Malaysia to immediately drop all charges against Zunar and respect free expression,” said Index on Censorship CEO Jodie Ginsberg.
You can support Zunar by signing this petition to call on the Malaysian government to drop all charges against him and renew its commitment to freedom of expression.
Malaysian cartoonist Zulkiflee Anwar Haque, aka Zunar, currently faces a record number of nine simultaneous charges under Malaysia’s controversial sedition act in a trial that is scheduled to begin on July 7.
Join Index in signing this petition for charges against him to be dropped.
Zunar has been repeatedly targeted for his editorial cartoons that critique the Malaysian government, which has banned much of Zunar’s work and repeatedly subjected him to raids, arrest and detainment.
Zunar, who joined Index at an event on cartoons and censorship in London in May, told Index: “The Malaysian government keeps taking giant reverse steps in terms of human rights and the right for expression. There is no light at the end of the democratic tunnel. I hope for freedom, but prepare to fight on.”
Index on Censorship has called on the Malaysian government to repeal the sedition act. “Malaysia is using an outdated and outmoded act to stifle free expression in the country,” said Index CEO Jodie Ginsberg. “We ask Malaysia to drop its case against Zunar.”
