| 
Date | 
Sections
  Amended | 
Original
  Provision | 
Amended
  Provision | 
| 
13.11.1958 | 
Section 2 – Definition of “Government” substituted | 
“Government” means any of the Governments of the
  United Kingdom, of the Federation, of any State or Settlement in the
  Federation, or of any Dominion, Colony, Protectorate State or territory in
  the possession of or under the protection of or held under any mandate or
  trusteeship by His Britannic Majesty or the Government of any of His
  Britannic Majesty’s Dominion | 
“Government” means the Government of the Federation
  and of any State in the Federation | 
| 
Section 2 – Definition of “Ruler” substituted | 
“Ruler” means His Britannic Majesty or any Ruler of
  any Malay or other State under the protection of His Britannic Majesty | 
“Ruler” means the Yang di-Pertuan Agong or the Ruler
  or Governor of any State in the Federation | |
| 
Section 3(1)(c) – words “Malay” and “Settlement”
  deleted | 
To bring into hatred or contempt or to excite
  disaffection against the administration of justice in the Federation or in any
  Malay State or Settlement; or | 
To bring into hatred or contempt or to excite
  disaffection against the administration of justice in the Federation or in any
  State; or | |
| 
Section 3 (1)(d) – words “His Majesty” and words
  “Malay” and “Settlement” deleted | 
To raise discontent or disaffection amongst the
  subjects of His Majesty or of the Ruler of any Malay State or amongst the
  inhabitants of the Federation or of any Malay State or Settlement; or | 
To raise discontent or disaffection amongst the
  subjects of the Yang di-Pertuan Agong or of the Ruler of any Malay State or
  amongst the inhabitants of the Federation or of any State; or | |
| 
Section 6(1) – words “Enactment of the Federated
  Malay States or any corresponding provision of law in force in any Malay
  State or Settlement” substituted | 
Notwithstanding anything to the contrary contained
  in the Evidence Enactment of the Federated Malay States or any corresponding
  provision of law in force in any Malay State or Settlement, no person shall
  be convicted of an offence under section 4 of this Ordinance on the
  uncorroborated testimony of one witness | 
Notwithstanding anything to the contrary contained
  in the Evidence Ordinance, 1950, no person shall be convicted of an offence
  under section 4 of this Ordinance on the uncorroborated testimony of one
  witness | |
| 
Marginal note to Section 6(1) substituted | 
Evidence F.M.S. Cap. 10 | 
No. 11 of 1950 | |
| 
14.04.1970 | 
Title  | 
Federation Of Malaya, No. 14 of 1948 | 
Laws of Malaysia, Act 15, Sedition Act, 1948 | 
| 
Preamble – substituted the word “Ordinance” with the
  word “Act” | 
An Ordinance to provide for the punishment of
  sedition | 
An Act to provide for the punishment of sedition | |
| 
Section 1 – substituted the word “Ordinance’ with
  the word “Act” | 
This Ordinance may be cited as the Sedition
  Ordinance, 1948 | 
This Act may be cited as the Sedition Act, 1948 | |
| 
Section 3(1)(b) – substituted the words “by such
  Government” with the words “by the Government” | 
To excite the subjects of any Ruler or the
  inhabitants of any territory governed by any Government to attempt to procure
  in the territory of such Ruler or governed by such Government, the
  alteration, otherwise than by lawful means, of any matter as by law
  established; or | 
To excite the subjects of any Ruler or the
  inhabitants of any territory governed by any Government to attempt to procure
  in the territory of such Ruler or governed by the Government, the alteration,
  otherwise than by lawful means, of any matter as by law established; or | |
| 
Section 3(1)(c) – substituted the words “the
  Federation” with the word “Malaysia” | 
To bring hatred or contempt or to excite
  disaffection against the administration of justice in the Federation or in
  any State; or | 
To bring hatred or contempt or to excite
  disaffection against the administration of justice in Malaysia or in any
  State; or | |
| 
Section 3(1)(d) - substituted the words “the
  Federation” with the word “Malaysia” | 
To raise discontent or disaffection amongst the
  subjects of the Yang di-Pertuan Agong or of the Ruler of any Malay State or
  amongst the inhabitants of the Federation or of any State; or | 
To raise discontent or disaffection amongst the
  subjects of the Yang di-Pertuan Agong or of the Ruler of any Malay State or
  amongst the inhabitants of Malaysia or of any State; or | |
| 
Section 3(1)(e) - substituted the words “the
  Federation” with the word “Malaysia” | 
To promote feelings of ill-will and hostility
  between different races or classes of the population of the Federation | 
To promote feelings of ill-will and hostility
  between different races or classes of the population of Malaysia | |
| 
Section 3(2) – Made grammatical changes | 
Notwithstanding anything in sub-section (1) of this
  section contained an act, speech, words, publication or other thing shall not
  be deemed to be seditious by reason 
  only that it has tendency - | 
Notwithstanding anything in sub-section (1) an act,
  speech, words, publication or other things shall not be deemed to be
  seditious by reason only that it has a tendency - | |
| 
Section 3(2)(c) - substituted the words “by such
  Government” with the words “by the Government” | 
To persuade the subjects of any Ruler or the
  inhabitants of any territory governed by any Government to attempt to procure
  by lawful means the alteration of any matter in the territory of such Ruler
  or governed by such Government as by law established; or | 
To persuade the subjects of any Ruler or the
  inhabitants of any territory governed by any Government to attempt to procure
  by lawful means the alteration of any matter in the territory of such Ruler
  or governed by the Government as by law established; or | |
| 
Section 3(2)(d) - substituted the words “the
  Federation” with the word “Malaysia” | 
To point out, with a view to their removal, any
  matters producing or having a tendency to produce feelings of ill-will and
  enmity between different races or classes of the population of the Federation | 
To point out, with a view to their removal, any
  matters producing or having a tendency to produce feelings of ill-will and
  enmity between different races or classes of the population of Malaysia | |
| 
Section 3(3) – substituted the word “Ordinance” with
  the word “Act” | 
For the purpose of proving the commission of any
  offence against this Ordinance the intention of the person charged at the
  time he did or attempted to do or made any preparation to do or conspired
  with any person to do any act or uttered any seditious words or printed,
  published, sold, offered for sale, distributed, reproduced or imported any
  publication or did any other thing shall be deemed to be irrelevant if in
  fact such act had, or would, if done, have had, or such words, publication or
  thing had, a seditious tendency | 
For the purpose of proving the commission of any
  offence against this Act the intention of the person charged at the time he
  did or attempted to do or made any preparation to do or conspired with any
  person to do any act or uttered any seditious words or printed, published,
  sold, offered for sale, distributed, reproduced or imported any publication
  or did any other thing shall be deemed to be irrelevant if in fact such act
  had, or would, if done, have had, or such words, publication or thing had, a
  seditious tendency | |
| 
Section 5(1) – Deleted the words “of this Ordinance” | 
No prosecution for an offence under section 4 of
  this Ordinance shall be begun except within six months after the offence is
  committed | 
No prosecution for an offence under section 4 shall
  be begun except within six months after the offence is committed | |
| 
Section 5(2) - Deleted the words “of this Ordinance”
  and substituted the words “the Federation” with the word “Malaysia” | 
No person shall be prosecuted for an offence under
  section 4 of this Ordinance without the written consent of the Public
  Prosecutor. In such written consent the Public Prosecutor may designate any
  Court within the Federation to be the Court of trial. | 
No person shall be prosecuted for an offence under
  section 4 without the written consent of the Public Prosecutor. In such
  written consent the Public Prosecutor may designate any Court within the
  Malaysia to be the Court of trial. | |
| 
Section 6(1) – Deleted the figure “1950” and the
  words “of this Ordinance” | 
Notwithstanding anything to the contrary contained
  in the Evidence Ordinance, 1950, no person shall be convicted of an offence
  under section 4 of this Ordinance on the uncorroborated testimony of one
  witness | 
Notwithstanding anything to the contrary contained
  in the Evidence Ordinance, no person shall be convicted of an offence under
  section 4 on the uncorroborated testimony of one witness | |
| 
Section 6(2) – substituted words “paragraph (c) or
  paragraph (d) of sub-section (1) of section 4 of this Ordinance” with words
  and figures “section 4(1)(c)(d)” | 
No person shall be convicted of any offence referred
  to in paragraph (c) or paragraph (d) of sub-section (1) of section 4 of this
  Ordinance if such person proves that the publication in respect of which he
  is charged was printed, published, sold, offered for sale, distributed,
  reproduced or imported (as the case may be) without his authority, consent
  and knowledge, and without any want of due care or caution on his part, or
  that he did not now and had no reason to believe that the publication had a
  seditious tendency. | 
No person shall be convicted of any offence referred
  to in section 4(1)(c) or (d) if the person proves that the publication in
  respect of which he is charged was printed, published, sold, offered for
  sale, distributed, reproduced or imported (as the case may be) without his
  authority, consent and knowledge, and without any want of due care or caution
  on his part, or that he did not now and had no reason to believe that the publication
  had a seditious tendency. | |
| 
Section 7 – added the words “or, in Sabah and
  Sarawak, to an administrative officer or to the officer in charge of the
  nearest police station” | 
Any person to whom any seditious publication is sent
  without his knowledge or privity shall forth-with as soon as the nature of
  its contents has become known to him deliver such publication to the officer
  in charge of a police district, and any person who complies with the
  provisions of this section shall not be liable to be convicted for having in
  his possession such publication: | 
Any person to whom any seditious publication is sent
  without his knowledge or privity shall forth-with as soon as the nature of its
  contents has become known to him deliver such publication to the officer in
  charge of a police district or, in Sabah and Sarawak, to an administrative
  officer or to the officer in charge of the nearest police station, and any
  person who complies with the provisions of this section shall not be liable
  to be convicted for having in his possession such publication: | |
| 
Section 9(2) – made grammatical changes | 
Any person who contravenes an order made under this
  section shall be guilty of an offence, and shall be liable to imprisonment of
  either description for a term not exceeding three years or to a fine not
  exceeding five thousand dollars or to both such imprisonment and fine | 
Any person who contravenes an order made under this
  section shall be guilty of an offence and shall, on conviction, be liable to
  a fine not exceeding five thousand dollars or to imprisonment for a term not
  exceeding three years or to both. | |
| 
Section 9(3) – substituted the word “Ordinance” with
  the word “Act” | 
Nothing in this Ordinance shall affect the power of
  the Court to punish any person contravening an order under this section for
  contempt of Court: Provided that no person shall be punished twice for the
  same offence | 
Nothing in this Act shall affect the power of the
  Court to punish any person contravening an order under this section for
  contempt of Court: Provided that no person shall be punished twice for the
  same offence | |
| 
Section 10(4) – made grammatical changes | 
Every person on whom a copy of a prohibition order
  is served by any police officer shall forthwith deliver to that police
  officer every prohibited publication in his possession, power, or control,
  and, if he fails to do so, he shall be guilty of an offence and shall be
  liable to imprisonment of either description for a term not exceeding one
  year or to a fine not exceeding one thousand dollars or to both such
  imprisonment and fine. | 
Every person on whom a copy of a prohibition order
  is served by any police officer shall forthwith deliver to that police
  officer every prohibited publication in his possession, power, or control,
  and, if he fails to do so, he shall be guilty of an offence and shall, on
  conviction, be liable to a fine not exceeding one thousand dollars or to
  imprisonment for a term not exceeding one year or both | |
| 
Section 10(5) – made grammatical changes | 
Every person to whose knowledge it shall come that a
  prohibited publication is in his possession, power, or control shall
  forthwith deliver every such publication into the custody of the police, and,
  if he fails to do so, he shall be guilty of an offence and shall be liable to
  imprisonment of either description for a term not exceeding one year or to a
  fine not exceeding one thousand dollars or to both such imprisonment and fine | 
Every person to whose knowledge it shall come that a
  prohibited publication is in his possession, power, or control shall
  forthwith deliver every such publication into the custody of the police, and,
  if he fails to do so, he shall be guilty of an offence and shall, on
  conviction, be liable to a fine not exceeding one thousand dollars or to
  imprisonment for a term not exceeding one year or to both | |
| 
Section 10(8) – substituted words “Government of the
  Federation” with the words “Federal Government” | 
Every prohibited publication delivered or seized
  under this section with respect to which a petition is not filed within the
  time aforesaid or which is not ordered to be returned to the owner shall be
  deemed to be forfeited to the Government of the Federation | 
Every prohibited publication delivered or seized
  under this section with respect to which a petition is not filed within the
  time aforesaid or which is not ordered to be returned to the owner shall be
  deemed to be forfeited to the Federal Government | |
| 
Section 11 – substituted the word “Ordinance” with
  the word “Act” | 
Any police officer not below the rank of Inspector
  may arrest without warrant any person found committing or reasonably
  suspected of committing or of having committed or of attempting to commit or
  of procuring or abetting any person to commit any offence against this
  Ordinance, or reasonably suspected of the unlawful possession of any thing
  liable to forfeiture thereunder | 
Any police officer not below the rank of Inspector
  may arrest without warrant any person found committing or reasonably
  suspected of committing or of having committed or of attempting to commit or
  of procuring or abetting any person to commit any offence against this Act,
  or reasonably suspected of the unlawful possession of any thing liable to
  forfeiture thereunder | |
| 
Section 12 – repealed | 
The Ordinance and Enactments set out in the Schedule
  to this Ordinance are hereby repealed |  | |
| 
Schedule (Section 12) Repeal - repealed | 
List of Sedition Enactments and Ordinances in the
  Federated Malay States, Strait Settlements, Johore, Kedah, Perlis, Kelantan
  and Terengganu |  | |
| 
10.08.1970 | 
Section 3(1) – new paragraph (f) added | 
A “seditious tendency” is a tendency - | 
A “seditious tendency” is a tendency – 
(f) to question any matter, right, status, position,
  privilege, sovereignty or prerogative established or protected by the
  provisions of Part III of the Federal Constitution or Article 152, 153, or
  181 of the Federal Constitution | 
| 
Section 3(2)(b) – inserted new phrase after
  “constitution as by law” | 
To point out errors or defects in any Government or
  constitution as by law established or in legislation or in the administration
  of justice with a view to the remedying of such errors or defects; or | 
To point out errors or defects in any Government or
  constitution as by law (except in respect of any matter, right, status,
  position, privilege, sovereignty or prerogative referred to in paragraph (f)
  of sub-section (1) otherwise than in relation to the implementation of any
  provision relating thereto) established or in legislation or in the administration
  of justice with a view to the remedying of such errors or defects; or | |
| 
Section 3(2) – paragraphs (c) and (d) substituted
  with paragraph (c)  | 
(c) to persuade the subjects of any Ruler or the
  inhabitants of any territory governed by any Government to attempt to procure
  by lawful means the alteration of any matter in the territory of such Ruler
  or governed by such Government as by law established; or 
(d) to point out, with a view to their removal, any
  matters producing or having a tendency to produce feelings of ill-will and
  enmity between different races or classes of the population of the
  Federation; | 
(c) except in respect of any matter, right, status,
  position, privilege, sovereignty or prerogative referred to in paragraph (f)
  of sub-section (1)- 
(i) to persuade the subjects of any Rulers or the
  inhabitants of any  territory governed
  by any Government to attempt to procure by 
  lawful means the alteration of any matter in the territory of
  such  Government as by law established;
  or 
(ii) to point out, with a view to their removal, any
  matters producing  or having a tendency
  to produce feelings of illwill and enmity 
  between different races or classes of the population of the  Federation, | |
| 
Section 5 – Deleted sub-section (1) and renumbered sub-section
  (2) as sub-section (1) | 
(1) No prosecution for an offence under Section 4 of
  this Ordinance shall be begun except within six months after the offence is
  committed; 
(2) No person shall be prosecuted for an offence
  under section 4 of this Ordinance without the written consent of the Public
  Prosecutor. In such written consent the Public Prosecutor may designate any
  Court within the Federation to be the Court of trial | 
(1) No person shall be prosecuted for an offence
  under section 4 of this Ordinance without the written consent of the Public
  Prosecutor. In such written consent the Public Prosecutor may designate any
  Court within the Federation to be the Court of trial | 
Tuesday, 24 March 2015
Modifications and Amendments made to the Sedition Act from its Inception in 1948
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