PETALING JAYA, Aug 14 — The nebulous definitions in the law criminalising acts against parliamentary democracy has allowed it to be used against political dissent rather than terrorism as originally intended, a forum here was told.
According to civil liberties lawyer Syahredzan Johan, Section 124B of the Penal Code was intended for acts of terrorism, but the ambiguous wording used in the law has allowed it to be applied in ways that were not immediately apparent when the law was introduced.
"They can use a procedure which is supposed to be reserved for terrorists for people they claim to be detrimental to parliamentary democracy,” he told the 400-plus attendees.
"Right now the scope of the definition is too broad, whereas it should only be used to criminalise violent conduct. Because it is not clear, authorities are putting their own interpretation on what activities are detrimental to parliamentary democracy," the lawyer said.
Section 124B, which covers activities detrimental to parliamentary democracy, stipulates that those convicted under the law will be liable to a maximum prison term of 20 years.
Section 124I, on the other hand, states that “any person who, by word of mouth or in writing or in any newspaper, periodical, book, circular, or other printed publication or by any other means including electronic means spreads false reports or makes false statements likely to cause public alarm, shall be punished with imprisonment for a term which may extend to five years.”
Lawyer and MP for Puchong Gobind Singh Deo said the vagueness of Section 124B opened it to abuse, and that there was currently no proper definition for the term "parliamentary democracy" that the law is intended to protect.
"What do you mean by parliamentary democracy?" he asked.
Former Malaysian Bar president Datuk Ambiga Sreenevasan pointed out that individuals currently being investigated under Section 124B in relation to the 1Malaysia Development Berhad (1MDB) case were simply people performing their duties.
"People who did their jobs or are doing their jobs are being attacked
“Take the MACC officers, Bank Negara officers and the Attorney-General’s (Chambers)... our institutions must be independent," she said.
"Interfering with the institutions of democracy should instead be an offence under 124B," she added.
Law professor Azmi Sharom said that Malaysians who worked hard to expose alleged wrongdoings by the government should not be punished as they were helping voters decide on who they wanted to keep in power.
"The lack of democracy, human rights is a threat to democracy," the academic said.
Police have used Section 124B of the Penal Code to investigate nearly two dozen people from the Malaysian Anti-Corruption Commission, Bank Negara Malaysia, and the Attorney-General’s Chambers over an alleged leak of information from an investigation into 1MDB.
Sections 124B and 124I of the same Act was also used to secure an arrest warrant for Clare Rewcastle-Brown, the London-based founder of Sarawak Report, who has been publishing exposes on the 1MDB scandal.
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