Ramesh: Repeal Sedition Act

Ramesh Lawrence Maharaj, SC, said if he was attorney general now, “I would have to advise Cabinet that the Sedition Act be repealed.” The former AG made this statement during a news conference at his Irving Street office in San Fernando on Monday.

Earlier in the conference, Maharaj said St Augustine MP Prakash Ramadhar won his defamation appeal before the Privy Council. He explained this landmark decision gives the media and citizens greater ability to challenge public statements politicians make. He also said politicians could not be “shrinking violets” or thin-skinned when it comes to their public conduct and response to public criticism.

Asked if this ruling could affect legislation that Government has before the Parliament or plans to bring to Parliament, Maharaj cited the Sedition Act as an example. He said, “The government would be entitled to consider any legislation which they want to have to ensure that statements which are made which could fracture society, people are held accountable.”

But he added that laws cannot be made or passed “without the people knowing what is the prohibitive which could constitute the criminal offence.” Under the existing Sedition Act, Maharaj claimed, “Almost anything that you say about the government can be seditious.”

He said it was not enough for Government to argue that because the Director of Public Prosecutions is involved in the prosecution, there is a safeguard. Maharaj opined that even if the Government hired the best lawyer from the United Kingdom or 100 lawyers from the United Kingdom, they will not succeed in persuading the Privy Council to save the Sedition Act.

Maharaj said Government had the option of drafting a law to prosecute people for making statements inciting violence or hate speech if it wanted.

Ramadhar said the Sedition Act is outdated and “clearly without context in a modern society.” He was glad that High Court Justice Frank Seepersad struck down sections of the law as unconstitutional recently. But Ramadhar added, “ We are hearing its government’s intent to really re-invigorate something like sedition.”

He claimed, “We are in an environment where legislation is being brought to silence and put fear in the media and our citizens from doing the work that is required to protect us.” Reflecting on the Privy Council’s ruling on his defamation matter, Ramadhar said, “We need to dramatically revisit how we do things in the politics.”He said people who are in public life can no longer expect to “play mas and fraid powder.” Ramadhar added, “the greatest disinfectant is sunlight.”