Sedition
Sedition is overt conduct, such as speech or organization, that tends toward rebellion against the established order. Sedition often includes subversion of a constitution and incitement of discontent toward, or insurrection against, established authority. Sedition may include any commotion, though not aimed at direct and open violence against the laws. Seditious words in writing are seditious libel. A seditionist is one who engages in or promotes the interest of sedition.
Because sedition is overt, it is typically not considered a subversive act, and the overt acts that may be prosecutable under sedition laws vary by jurisdiction.
History
Roman origin
In the later Roman Republic, seditio referred to the offence of collective disobedience toward a magistrate, which included both military mutiny and civilian mob action. Leading or instigating seditio was punishable by death. Civil seditio became frequent during the political crisis of the first century BCE, as populist politicians sought to check the privileged classes by appealing to public assemblies. The Julio-Claudian emperors addressed this situation by abolishing elections. Under Tiberius the crime of seditio was subsumed in the law of majestas, which prohibited any utterance against the dignity of the emperor. Seditio has often been proposed as the offence for which Jesus was crucified as described in Luke 23:14: "inciting the people to rebellion".Common law jurisdictions
The term sedition in its modern meaning first appeared in the Elizabethan era as the "notion of inciting by words or writings disaffection towards the state or constituted authority". The law developed in the Court of Star Chamber, relying on longstanding scandalum magnatum statutes and a broad repressive act of Mary I against literature that contained "the encouraging, stirring or moving of any insurrection". That seditious statements were true was no defence, but rather an aggravating factor, since true statements were all the more potent. After the Star Chamber's dissolution, enforcement continued in the courts of assize and quarter sessions.Three classes of seditious offence were commonly charged: "seditious words" manifested by speaking, "seditious libel" by writing or publishing, and "seditious conspiracy" by active plotting. Although England adopted the name of the offence from Roman-derived civil law, it did not rely on the jurisprudence.
Australia
Australia's sedition laws were amended in anti-terrorism legislation passed on 6 December 2005, updating definitions and increasing penalties.In late 2006, the Commonwealth Government, under the prime-ministership of John Howard, proposed plans to amend Australia's Crimes Act 1914, introducing laws that meant artists and writers may be jailed for up to seven years if their work was considered seditious or inspired sedition either deliberately or accidentally. Opponents of these laws have suggested that they could be used against dissent that may be seen as legitimate.
In 2006, the then Australian attorney-general, Philip Ruddock, had rejected calls by two reports—from a Senate committee and the Australian Law Reform Commission—to limit the sedition provisions in the Anti-Terrorism Act 2005 by requiring proof of intention to cause disaffection or violence. He had also brushed aside recommendations to curtail new clauses outlawing "urging conduct" that "assists" an "organization or country engaged in armed hostilities" against the Australian military.
These laws were amended in Australia on 19 September 2011. The 'sedition' clauses were repealed and replaced with 'urging violence'.
Canada
In Canada, sedition, which includes speaking seditious words, publishing a seditious libel, and being party to a seditious conspiracy, is an indictable offense, for which the maximum punishment is of fourteen years' imprisonment. For military personnel, Section 82 of the National Defence Act cites Seditious Offences as advocating governmental change by force, punishable by imprisonment for life or to less. Service offences up to two years imprisonment are served in a Military prison, followed by transfer to a penitentiary for the remainder of the sentence.During World War II, Camillien Houde campaigned against conscription. On 2 August 1940, Houde publicly urged the men of Quebec to ignore the national registration measure introduced by the federal government. Three days later, he was placed under arrest by the Royal Canadian Mounted Police on charges of sedition, and then confined without trial in internment camps in Petawawa, Ontario and Ripples, New Brunswick until 1944. Upon his release on 18 August 1944, he was greeted by a cheering crowd of 50,000 Montrealers, and won back his job as Montreal mayor in 1944's civic election.
Germany
is a legal concept in Germany and some Nordic countries. It is sometimes loosely translated as sedition, although the law bans the incitement of hatred against a segment of the population such as a particular race or religion.Hong Kong
A Sedition Ordinance had existed in the territory since 1970, which was subsequently consolidated into the Crimes Ordinance in 1972. According to the Crimes Ordinance, a seditious intention is an intention to bring into hatred or contempt or to excite disaffection against the person of government, to excite inhabitants of Hong Kong to attempt to procure the alteration, otherwise than by lawful means, of any other matter in Hong Kong as by law established, to bring into hatred or contempt or to excite disaffection against the administration of justice in Hong Kong, to raise discontent or disaffection amongst inhabitants of Hong Kong, to promote feelings of ill-will and enmity between different classes of the population of Hong Kong, to incite persons to violence, or to counsel disobedience to law or to any lawful order. Sedition is punishable by a fine of HK$5,000 and imprisonment for 2 years, and further offences are punishable by imprisonment for 3 years.Article 23 of the Basic Law requires the special administrative region to enact laws prohibiting any act that be said of treason, secession, sedition, subversion against the Central People's Government of the People's Republic of China. The National Security Bill was tabled in early 2003 to replace the existing laws regarding treason and sedition, and to introduce new laws to prohibit secessionist and subversive acts and theft of state secrets, and to prohibit political organizations from establishing overseas ties. The bill was shelved following massive opposition from the public.
The National Security Law, enacted on 30 June 2020, contains articles prohibiting secession and subversion against the Central Government and the Government of Hong Kong Special Administrative Region. Both charges may carry penalty up to life imprisonment. Notably, Hong Kong's National Security Law was drafted by the Standing Committee of the National People's Congress, and passed by the National People's Congress, as part of the Annex III the Basic Law. This law was written in mainland China's civil law as opposed to Hong Kong's common law traditions.
India
In 2003, the Vishva Hindu Parishald general secretary, Praveen Togadia, was sought to be charged with sedition for allegedly waging a war against the elected government and taking part in anti-national activity.In 2010, writer Arundhati Roy was sought to be charged with sedition for her comments on Kashmir and Maoists. Two individuals have been charged with sedition since 2007. Binayak Sen, an Indian doctor and public health specialist, and activist was found guilty of sedition. He is national Vice-President of the People's Union for Civil Liberties. On 24 December 2010, the Additional Sessions and District Court Judge B.P Varma Raipur found Binayak Sen, Naxal ideologue Narayan Sanyal and Kolkata businessman Piyush Guha, guilty of sedition for helping the Maoists in their fight against the state. They were sentenced to life imprisonment, but he got bail in Supreme Court on 16 April 2011.
On 10 September 2012, Aseem Trivedi, a political cartoonist, was sent to judicial custody till 24 September 2012 on charges of sedition over a series of cartoons against corruption. Trivedi was accused of uploading "ugly and obscene" content to his website, also accused of insulting the Constitution during an anti-corruption protest in Mumbai in 2011. Trivedi's arrest under sedition has been heavily criticised in India. The Press Council of India termed it a "stupid" move.
In February 2016, JNU student union president Kanhaiya Kumar was arrested on charges of Sedition & raising voice for the Tukde Tukde Gang under section 124-A of Indian Penal Code. His arrest raised political turmoil in the country with academicians and activists marching and protesting against this move by the government. He was released on interim bail on 2 March 2016 for a lack of conclusive evidence. On 13 January 2019, The Delhi Police filed a chargesheet on Monday against former Jawaharlal Nehru University Students' Union president Kanhaiya Kumar and others in a sedition case lodged in 2016.
On 17 August 2016, Amnesty International India was booked in a case of "sedition" and "promoting enmity" by Bengaluru police. A complaint was filed by ABVP, an all India student organization affiliated to the Hindu Nationalist Rashtriya Swayamsevak Sangh.
In September 2018, Divya Spandana, the Congress Social Media chief, was booked for sedition for calling Narendra Modi, the prime minister of India, a thief.
On 10 January 2019, a sedition case was registered suo-motto against Hiren Gohain and two others for their remarks against the Citizenship Bill. Gohain called the move "a desperate attempt by a cornered government".
On February 13, 2020, a sedition case was registered against Disha Ravi, a climate activist, by the Delhi Police for allegedly trying to incite and perpetuate violence and defame India with regards to her support of the farmers' protest.
A sedition case was filed against Shashi Tharoor, journalist Rajdeep Sardesai, and 5 other journalists by Noida Police for allegedly instigating violence and spreading misinformation over a series of tweets during the violence from the 2020–2021 Indian farmers' protest.
As of May 2022, Supreme Court of India has put sedition law on hold and ordered the government to not book further cases under the same.
Sedition as defined under Section 124A of the Indian Penal Code has been replaced by Section 147 of Bharatiya Nyaya Sanhita