"Utusan has the freedom to stir up things," said the eldest daughter of former prime minister Tun Dr Mahathir Mohamad in her speech at the International Malaysia Law Conference in Kuala Lumpur.
She was speaking at a session titled “Freedom from Fear – Is it a Basic Human Right?” when she made the reference to Utusan Malaysia, which had been slapped with numerous suits for its reports.
Marina said this in response to a question by moderator, former Bar Council chairman Datuk Ambiga Sreenevasan, who asked panel members whether the Sedition Act 1948 must be repealed.
Many, including opposition members, have asked why the newspaper was not prosecuted for carrying inflammatory articles that touched on race and religion.
Marina said Putrajaya was wrong in using the law on the pretext of stopping chaos from happening.
"Are they talking about a pre-emptive strike, and did it work?" she said.
She said she had complete faith in the public who would not react when provoked.
"Some people wanted to burn churches, but Malaysians did not buckle," she said, adding the event could have been manufactured to create fear.
She said it was Putrajaya who was in fear, and not the people, in using the law to stifle freedom of speech and expression.
"Young people are not scared and the law will not deter them."
She also said Malay rights group Perkasa enjoyed special treatment and obtained space to have its views heard on the media compared to others.
Minister in the Prime Minister's Department Datuk Paul Low Seng Kuan, who was in the panel, said the law was there to preserve peace and harmony in a multi-racial society.
"Some are insecure while others are aggressive. How do you maintain harmony?" he said.
Low said Putrajaya was not trying to instil fear or prevent the people from being critical of the establishment but only to stop remarks that incited violence and hatred.
But, he told the audience that there should not be political interference when the Attorney-General (A-G) decides to charge someone with sedition.
"The A-G must be free to decide and for the court to mete out appropriate punishment."
Centre for Better Tomorrow co-president Gan Peng Sieu said there must some form of amnesty from prosecution under the law until a replacement was introduced.
"However, provisions in the Penal Code can be used against anyone for causing disharmony and unrest."
He said there was no point for anyone to "to dig old wounds as the country need to move forward".
Lawyer Tommy Thomas said the sedition law was introduced by the British without much debate, and intended to protect a select few, including the Malay Rulers.
"The law is now being used because Umno is paranoid," he said in reference to Seri Delima assemblyman R. S. N. Rayer who was charged for uttering "celaka Umno".
He said no political parties were protected under the law.
The Malaysian Insider editor and chief executive officer Jahabar Sadiq said the current climate of investigation and prosecution under the law had not jolted journalists.
"I wonder why the prime minister who won the general election, and who is in a comfortable position, is taking this path." –TMI
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