13-7-2023 (KUALA LUMPUR) The Malaysian government is considering the introduction of a new law aimed at imposing civil penalties on individuals who incite sentiments related to race, religion, and royalty, commonly referred to as 3R. The proposed law, tentatively named the State and Nation Act, draws inspiration from Singapore’s Maintenance of Racial Harmony Act but is tailored to the Malaysian context, according to Minister in the Prime Minister’s Department (Law and Institutional Reform), Azalina Othman Said.
Currently, offenses involving the 3R issue are investigated under the Sedition Act 1948, which primarily focuses on criminal offenses. This often leads to lengthy prosecution procedures, prompting the need for a more streamlined approach. Minister Azalina stated that the new law, if enacted, would adopt a punitive approach, allowing for fines to be imposed on violators. This approach aims to expedite the resolution of cases and facilitate convictions, providing a more efficient means of addressing 3R-related offenses.
The proposal to introduce the new law was presented to the Cabinet and received a positive response. Minister Azalina emphasized that the existing challenges in combating 3R sentiments on social media, where deniability and lack of solid evidence hinder effective action, necessitate the implementation of this new legislation. Moreover, she highlighted the importance of meeting the needs of future generations through the introduction of this law.
In light of the upcoming state elections, Prime Minister Anwar Ibrahim issued a stern warning against exploiting issues related to the 3R. The Malaysian Communications and Multimedia Commission (MCMC) and the Royal Malaysia Police (PDRM) are closely monitoring the situation. Additionally, Communications and Digital Minister Fahmi Fadzil stated that MCMC and PDRM will evaluate the potential establishment of a special unit to address cases concerning 3R issues.
As the campaigning efforts intensify leading up to the state polls in Kelantan, Terengganu, Kedah, Penang, Selangor, and Negeri Sembilan, incidents related to the 3R have come to the forefront. Recently, Parti Keadilan Rakyat (PKR) Shah Alam filed a police report against Kedah Chief Minister Muhammad Sanusi Md Nor, accusing him of insulting Selangor ruler Sultan Sharafuddin Idris Shah during a political rally. Similar investigations are being conducted into statements made by PAS chief Abdul Hadi Awang and Democratic Action Party (DAP) chairman Lim Guan Eng, both of whom have faced allegations of making remarks on race and religion.
