This Hari Raya Aidilfitri festive season has been unfortunately marred by a series of high-profile incidents touching on the so-called ‘3R’ (religion, race and royalty) issues that have caused uproar among members of the public. These include the offensive socks with the word ‘Allah’ written on them found sold in the local convenience store chain KK Mart, the allegedly indecent video posted by Malaysian influencer and cosmetic brand founder Datuk Seri Aliff Syukri and a symbol allegedly similar to the Arabic calligraphy for the word ‘Allah’ found on a high-heeled shoe by local brand Vern's.
Surprisingly (or maybe rather expected by some), there's one thing constant in all 3 issues, which is the presence of Umno Youth Chief Dr Muhamad Akmal Saleh voicing and acting against perpetrators of all 3 incidents. For both the KK Mart and Aliff Syukri incidents, Akmal called for boycott campaigns against them. He also threatened a similar treatment to Vern's but has since accepted the local fashion brand's clarification and didn't initiate any call for a boycott.
However, the Umno Youth Chief's actions have been criticised by many, including from both government and opposition alike. Specifically, his boycott campaign against KK Mart was seen as being too excessive and even arguably seditious, with the situation getting worse by the day. As of the time of writing, there have been 3 separate incidents in which KK Mart outlets nationwide were attacked by unknown perpetrators with a petrol bomb.
The Royal Malaysia Police (PDRM) then brought Akmal to a police station in Kota Kinabalu on 5 April to record his statement after receiving 2 police reports regarding the Umno Youth Chief's statement and actions regarding the KK Mart ‘Allah’ issue.
In a statement, Inspector-General of Police Tan Sri Razarudin Husain asserted that Akmal, who is also the assemblyperson for Merlimau, is being investigated under Section 4(1) of the Sedition Act 1948 and Section 233 of the Communications and Multimedia Act 1998. No action has been taken against him yet though, with PDRM potentially slapping him with charges under several other Acts for his alleged offences.
With that in mind, despite Akmal being investigated under Section 4(1) of the Sedition Act, it is rather unlikely for him to be charged under the provision due to an announcement made by the Federal Government last year. Well, read on to find out more about why is this so and what other laws may be applicable to the Merlimau assemblyperson instead.
The Federal Government announced that the Sedition Act will only be used to safeguard the Royal Institution
For reference, Section 4 of the Sedition Act 1948 is as follows:
Applied to the subject matter at hand, it can be argued that Akmal has committed an offence under Section 4(1)(b) of the Act as he had allegedly uttered seditious words in his various speeches and social media posts regarding the KK Mart ‘Allah’ issue.
Should he be charged and convicted under this provision, the Umno Youth Chief may face up to RM5,000 fine or up to 3 years of imprisonment or both for his first offence. Moreover, for subsequent offences, he may face up to 5 years in jail.
However, it is unlikely for Akmal to be charged under this provision given that back in July last year, the Federal Government announced that it had agreed in principle to review the Sedition Act.
As reported by NST, de facto Law Minister Datuk Seri Azalina Othman asserted on 25 July that the Cabinet has agreed in principle to review the Sedition Act appropriately to ensure that the legislation will be used “solely to protect the Institution of Rulers from any form of provocation”
The Sedition Act has long been a controversial law in our country, with many calling for its abolishment, including Pakatan Harapan (PH) in its 2018 and 2023 election manifestoes. However, Prime Minister Datuk Seri Anwar Ibrahim was quoted by CNA last year as saying that the Sedition Act is still needed in cases involving comments against the Royal Institution, hence why the Cabinet agreed in principle to review the Act accordingly.
Therefore, given that Akmal's case doesn't involve the Royal Institution, a charge under the Sedition Act is very unlikely.
Other charges that the Umno Youth Chief may face
As mentioned by the IGP in his statement, the Merlimau assemblyperson is also investigated under Section 233 of the Communications and Multimedia Act 1998 below:
Under Section 233(1)(a) of the Act, it can be argued that Akmal had used social media network facilities to create a comment or other communication which is offensive in menacing or offensive in character with the intent to annoy, abuse, threaten or harass.
Accordingly, should he be charged and convicted under Section 233, the Umno Youth Chief may face punishment under Section 233(3) below which includes up to RM50,000 fine or jail of up to 1 year or both.
Moreover, he may also be liable to a fine of RM1,000 per day for every day during which the offence is continued after conviction.
Besides that, while not mentioned by the IGP, Akmal may also be charged under Section 504 of the Penal Code for intentional insult with intent to provoke a breach of peace below:
Based on the above provision, Akmal's statements are arguably in line with what is considered an offence under Section 504 of the Penal Code. Therefore, should he be charged and convicted under this provision, the Merlimau assemblyperson may face up to 2 years in jail, a fine or both.
In lieu of that, Section 505 of the Penal Code for statements conducing to public mischief below may also be applicable to Akmal's case, especially Section 505(c).
Should he be charged and convicted under this Penal Code provision, Akmal may face up to 2 years in jail, a fine or both.
Of course, these are all mere speculation as of now and it is up to PDRM and the Deputy Public Prosecutor (DPP) to determine the most relevant charge, if any, for Akmal's alleged offences.
In the meantime, regardless of your opinion on the issue, it's best for everyone to remain calm and not let this situation boil over. Never act beyond the limits of the law and let's give space for the authorities and the legal system to perform their duties without fear or favour.
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