Chapter 1 – Report of the Policy, Law and Complaints Group provisions of POTA with a human rights oriented model of criminal law, to ensure fair and proportionate treatment to any person charged. The Commission is of the opinion that public safety and the protection human rights must be complementary and any law must comply with Malaysia’s international human rights obligations. The Commission recommends that, with regard to the detention, interrogation, and trial of suspected terrorists, the Government develop an effective and feasible framework that would allow the authorities to capitalise on their intelligence agencies to disable suspected terrorist activities. (b) Sedition (Amendment) Act 2015 (Sedition Act 1948) The Sedition Act 1948 was enacted by the then British colonial government with the intention of curbing statements made by individuals or organisations that may create imbalance to racial harmony, Communist propaganda, and criticism of colonial rule at that time. Challenges to the formation of the Federation of Malaya, and subsequently Malaysia, threats posed by the Communist insurgency, racial riots, and other hostilities have often been cited by the Government as bases for maintaining this Act in order to ensure continuous peace and harmony in Malaysia. The use of the Sedition Act is unjustified as the authorities may seek recourse through the usage of other laws or legal remedies The Commission in various settings has expressed its views on the use of the Sedition Act. The use of the Sedition Act is unjustified as the authorities may seek recourse through other laws or legal remedies.26 The Commission since its inception has continually urged and called upon the Government to repeal the Sedition Act and to give full meaning to citizens’ right to freedom of expression and speech as enshrined under Article 10 of the Federal Constitution, as well as Article 19 of the Universal Declaration of Human Rights (UDHR). However, the Commission recognises that freedom of expression or speech is not absolute and there are some instances where limiting this right is permitted. The Commission notes that one grave concern regarding the Sedition Act is the vagueness of the term “seditious tendency”, which makes it susceptible to wide and often arbitrary interpretation as evidenced in its use by the authorities in recent times against individuals 26 SUHAKAM Press Statement: Sedition Act A Curtailment of the Freedom of Speech and Expression. 17 May 2014. 64 BOOK-ANR2016-01-latest.indb 64 08/04/2016 3:32 PM