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KUCHING (Jan 19): CSO Platform for Reform has reiterated its long-standing call for the immediate repeal of the Sedition Act 1948 following the high-handed arrest and detention of former Free Malaysia Today (FMT) journalist Rex Tan.
It also called for reform of the Communications and Multimedia Act 1998 to prevent abuse against legitimate expression.
“CSO Platform for Reform strongly condemns the high-handed arrest and detention of Rex Tan, under Section 4(1) of the Sedition Act 1948, Section 233 of the Communications and Multimedia Act (CMA) 1998, and Section 505(c) of the Penal Code.
“His arrest for merely posing a question during a public forum is grossly disproportionate and represents a dangerous criminalisation of free speech,” said CSO in a statement.
CSO acknowledged that as Tan had publicly apologised, resigned from his post, and expressed willingness to cooperate with investigations, his overnight detention and remand application reflect a punitive approach that is wholly unnecessary.
It said the magistrate’s decision to limit remand to one day further underscores the lack of justification for such heavy-handed action.
“While Tan was swiftly arrested, inflammatory racial remarks previously made by public figures, including an MP, did not attract similar urgency or investigation.
“This double standard erodes public trust in law enforcement and reinforces perceptions of political bias,” said CSO.
According to the coalition, selective application of laws such as the Sedition Act only deepens social division and undermines the principle of equality before the law.
Enforcement must be consistent, transparent, and impartial, not influenced by political considerations or public pressure, it emphasised.
“In this instance, the arrest of Rex Tan has a chilling effect on journalists, media practitioners, and members of the public who engage in legitimate discourse. When journalists fear arrest for asking difficult or controversial questions, self-censorship becomes inevitable.
“This stifles debate, weakens accountability, and undermines democratic participation. A government that has repeatedly pledged to uphold freedom of expression must ensure its institutions act in accordance with these commitments,” said CSO.
It further noted Home Minister Datuk Seri Saifuddin Nasution Ismail’s statement that freedom of speech comes with responsibility.
While this is true, CSO said responsibility must never be enforced through fear, detention, or criminal sanctions.
“Accountability should be proportionate and handled through professional mechanisms, including media councils, internal editorial processes, and ethical review frameworks, not through punitive policing.
“This incident once again exposes the continued abuse of the Sedition Act 1948, a colonial-era law that has no place in a modern democratic society. The Act is vague, broad, and easily misused to silence dissent, journalists, activists, and political critics,” said CSO.
If Malaysia is serious about democratic reform, CSO said the country must move away from punishment and towards protection of fundamental liberties.
“Journalists should not fear arrest for doing their jobs. Citizens should not fear speaking in public forums,” it added.
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