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Sedition is overt conduct, such as
speech Speech is the use of the human voice as a medium for language. Spoken language combines vowel and consonant sounds to form units of meaning like words, which belong to a language's lexicon. There are many different intentional speech acts, suc ...
or
organization An organization or organisation (English in the Commonwealth of Nations, Commonwealth English; American and British English spelling differences#-ise, -ize (-isation, -ization), see spelling differences) is an legal entity, entity—such as ...
, that tends toward
rebellion Rebellion is an uprising that resists and is organized against one's government. A rebel is a person who engages in a rebellion. A rebel group is a consciously coordinated group that seeks to gain political control over an entire state or a ...
against the established order. Sedition often includes
subversion Subversion () refers to a process by which the values and principles of a system in place are contradicted or reversed in an attempt to sabotage the established social order and its structures of Power (philosophy), power, authority, tradition, h ...
of a
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...
and
incitement In criminal law, incitement is the encouragement of another person to commit a crime. Depending on the jurisdiction, some or all types of incitement may be illegal. Where illegal, it is known as an inchoate offense, where harm is intended but ma ...
of discontent toward, or
insurrection Rebellion is an uprising that resists and is organized against one's government. A rebel is a person who engages in a rebellion. A rebel group is a consciously coordinated group that seeks to gain political control over an entire state or a ...
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.


Roman origin

In the later
Roman Republic The Roman Republic ( ) was the era of Ancient Rome, classical Roman civilisation beginning with Overthrow of the Roman monarchy, the overthrow of the Roman Kingdom (traditionally dated to 509 BC) and ending in 27 BC with the establis ...
, () referred to the offence of collective disobedience toward a
magistrate The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judi ...
, which included both military
mutiny Mutiny is a revolt among a group of people (typically of a military or a crew) to oppose, change, or remove superiors or their orders. The term is commonly used for insubordination by members of the military against an officer or superior, ...
and civilian mob action. Leading or instigating was punishable by death. Civil 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 An election is a formal group decision-making process whereby a population chooses an individual or multiple individuals to hold public office. Elections have been the usual mechanism by which modern representative democracy has operated ...
and other duties of the assemblies. Under
Tiberius Tiberius Julius Caesar Augustus ( ; 16 November 42 BC – 16 March AD 37) was Roman emperor from AD 14 until 37. He succeeded his stepfather Augustus, the first Roman emperor. Tiberius was born in Rome in 42 BC to Roman politician Tiberius Cl ...
the crime of 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 Jesus (AD 30 or 33), also referred to as Jesus Christ, Jesus of Nazareth, and many Names and titles of Jesus in the New Testament, other names and titles, was a 1st-century Jewish preacher and religious leader. He is the Jesus in Chris ...
was crucified, as described in : "inciting the people to rebellion" (, "leading the people astray").


History in common law jurisdictions

The term ''sedition'' in its modern meaning first appeared in the
Elizabethan Era The Elizabethan era is the epoch in the Tudor period of the history of England during the reign of Queen Elizabeth I (1558–1603). Historians often depict it as the golden age in English history. The Roman symbol of Britannia (a female ...
(c. 1590) 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 The court of Star Chamber () was an English court that sat at the royal Palace of Westminster, from the late to the mid-17th century (), and was composed of privy counsellors and common-law judges, to supplement the judicial activities of the ...
, relying on longstanding '' scandalum magnatum'' statutes and a broad repressive act of
Mary I Mary I (18 February 1516 – 17 November 1558), also known as Mary Tudor, was Queen of England and Ireland from July 1553 and Queen of Spain as the wife of King Philip II from January 1556 until her death in 1558. She made vigorous a ...
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 The assizes (), or courts of assize, were periodic courts held around England and Wales until 1972, when together with the quarter sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. The assizes ex ...
and
quarter session The courts of quarter sessions or quarter sessions were local courts that were traditionally held at four set times each year in the Kingdom of England from 1388; they were extended to Wales following the Laws in Wales Act 1535. Scotland establ ...
s. Three classes of seditious offence were commonly charged: "seditious words" manifested by speaking, " seditious libel" by writing or publishing, and "
seditious conspiracy Seditious conspiracy is a crime in various jurisdictions of Conspiracy (criminal), conspiring against the authority or legitimacy of the state. As a form of sedition, it has been described as a serious but lesser counterpart to treason, targeting ...
" 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 Anti-terrorism legislation are laws aimed at fighting terrorism. They usually, if not always, follow specific bombings or assassinations. Anti-terrorism legislation usually includes specific amendments allowing the state to bypass its own l ...
passed on 6 December 2005, updating definitions and increasing penalties. In late 2006, the Commonwealth Government, under the Prime-Ministership of
John Howard John Winston Howard (born 26 July 1939) is an Australian former politician who served as the 25th prime minister of Australia from 1996 to 2007. He held office as leader of the Liberal Party of Australia. His eleven-year tenure as prime min ...
proposed plans to amend Australia's
Crimes Act 1914 The ''Crimes Act 1914'' (Cth) is an Act of the Parliament of Australia which addresses the most serious federal offences — that is, crimes against the Commonwealth. It was the first major federal criminal law since the Federation of Austral ...
, 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.Satire used to counter new sedition laws
ABC's ''
Lateline ''Lateline'' was an Australian television news program which ran from 1990 until 2017. The program initially aired weeknights on ABC TV. In later years it was also broadcast internationally throughout Asia and the Pacific on the Australia Plu ...
'' transcript, 24 October 2006
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 A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
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 A military prison is a prison operated by a military. Military prisons are used variously to house prisoners of war, unlawful combatants, those whose freedom is deemed a national security risk by the military or national authorities, and members o ...
, 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.


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 The State Council of the People's Republic of China, also known as the Central People's Government, is the chief administrative authority and national cabinet. It is constitutionally the highest administrative organ of the country and the e ...
of the
People's Republic of China China, officially the People's Republic of China (PRC), is a country in East Asia. With population of China, a population exceeding 1.4 billion, it is the list of countries by population (United Nations), second-most populous country after ...
. The National Security (Legislative Provisions) 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 The Standing Committee of the National People's Congress (NPCSC) is the permanent body of the National People's Congress (NPC), the national legislature of the People's Republic of China. It exercises the powers of the NPC when it is not in s ...
, 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 (VHP) 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 Suzanna Arundhati Roy (; born 24 November 1961) is an Indian author best known for her novel ''The God of Small Things'' (1997), which won the Booker Prize for Fiction in 1997 and became the best-selling book by a non-expatriate Indian author. ...
was sought to be charged with sedition for her comments on
Kashmir Kashmir ( or ) is the Northwestern Indian subcontinent, northernmost geographical region of the Indian subcontinent. Until the mid-19th century, the term ''Kashmir'' denoted only the Kashmir Valley between the Great Himalayas and the Pir P ...
and
Maoist Maoism, officially Mao Zedong Thought, is a variety of Marxism–Leninism that Mao Zedong developed while trying to realize a socialist revolution in the agricultural, pre-industrial society of the Republic of China (1912–1949), Republic o ...
s. Two individuals have been charged with sedition since 2007.
Binayak Sen Binayak Sen (, ) is a pediatrics, paediatrician, and public health specialist. He is the national Vice-President of the People's Union for Civil Liberties (PUCL). He is the recipient of several awards including the Global Health Council, Jonatha ...
, 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 (PUCL). On 24 December 2010, the Additional Sessions and District Court Judge B.P Varma Raipur found Binayak Sen, Naxal ideologue
Narayan Sanyal Narayan Sanyal (26 April 1923 – 7 February 2005) was an Indian writer of modern Bengali literature as well as a civil engineer. Biography Narayan Sanyal was born in Hindmotor to Chittasukh Sanyal and Basantalata Devi. His name was initial ...
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 Corruption is a form of dishonesty or a criminal offense that is undertaken by a person or an organization that is entrusted in a position of authority to acquire illicit benefits or abuse power for one's gain. Corruption may involve activities ...
. 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 The Indian Penal Code (IPC) was the official criminal code of the Republic of India, inherited from British India after independence. It remained in force until it was repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) in December 2023 ...
(which was part of the sedition laws implemented by the British Rule). 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 (JNUSU) president Kanhaiya Kumar and others in a sedition case lodged in 2016. On 17 August 2016,
Amnesty International Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says that it has more than ten million members a ...
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 The Rashtriya Swayamsevak Sangh (RSS,, ) is an Indian right-wing politics, right-wing, Hindutva, Hindu nationalist volunteer paramilitary organisation. It is the progenitor and leader of a large body of organisations called the Sangh Parivar ( ...
. In September 2018, Divya Spandana, the
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
Social Media chief, was booked for sedition for calling
Narendra Modi Narendra Damodardas Modi (born 17 September 1950) is an Indian politician who has served as the Prime Minister of India, prime minister of India since 2014. Modi was the chief minister of Gujarat from 2001 to 2014 and is the Member of Par ...
, the
prime minister of India The prime minister of India (ISO 15919, ISO: ) is the head of government of the Republic of India. Executive authority is vested in the prime minister and his chosen Union Council of Ministers, Council of Ministers, despite the president of ...
, 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 (Amendment) 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 The Delhi Police (DP) is the law enforcement agency for the National Capital Territory of Delhi. Delhi Police falls under the jurisdiction of the Ministry of Home Affairs, Government of India. In 2024, the sanctioned strength of Delhi Police w ...
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 a tractor rally on republic day on 26 January in New Delhi. 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


Ireland

Article 40.6.1° (i) of the 1937
Constitution of Ireland The Constitution of Ireland (, ) is the constitution, fundamental law of Republic of Ireland, Ireland. It asserts the national sovereignty of the Irish people. It guarantees certain fundamental rights, along with a popularly elected non-executi ...
guaranteed the right to
freedom of expression Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been r ...
, subject to several constraints, among them: Advocates for freedom of speech have argued that this constraint ought to be removed; any
constitutional amendment A constitutional amendment (or constitutional alteration) is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly alt ...
requires a
referendum A referendum, plebiscite, or ballot measure is a Direct democracy, direct vote by the Constituency, electorate (rather than their Representative democracy, representatives) on a proposal, law, or political issue. A referendum may be either bin ...
. The thirty-seventh amendment of the constitution removed the offence of blasphemy. The
law of the Republic of Ireland The law of Ireland consists of constitutional, statutory, and common law. The highest law in the State is the Constitution of Ireland, from which all other law derives its authority. The Republic has a common-law legal system with a written co ...
since the 1922 independence of the
Irish Free State The Irish Free State (6 December 192229 December 1937), also known by its Irish-language, Irish name ( , ), was a State (polity), state established in December 1922 under the Anglo-Irish Treaty of December 1921. The treaty ended the three-ye ...
inherited earlier
common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
principles based on
English law English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, ...
. The crime of seditious libel was presumed to persist, although last prosecuted in 1901. After the common law offence of
blasphemous libel Blasphemous libel was originally an offence under the common law of England. Today, it is an offence under the common law of Northern Ireland, but has been abolished in England and Wales, and repealed in Canada and New Zealand. It is a form of ...
was ruled in 1999 to be incompatible with the constitution's guarantee of
freedom of speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been r ...
, jurists argued that seditious libel was similarly unconstitutional. Both blasphemous libel and seditious libel were abolished by the Defamation Act 2009, which also created new crime of " publication or utterance of blasphemous matter" to fulfil the constitutional requirement with regard to blasphemy. No new offence was created for sedition in 2009; this was in line with the recommendations of a 1991 consultation paper on
libel Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions ...
by the Law Reform Commission (LRC) on the basis that several statutes define offences which are tantamount to sedition. The Offences against the State Act 1939 created the offences of making, distributing, and possessing a "seditious document". The LRC suggests that "sedition", left undefined by the constitution, might be implicitly defined by the 1939 act's definition of a "seditious document" as one:Law Reform Commission 1991, section 82; citin
Section 2 of the Offences Against the State Act, 1939
/ref> # consisting of or containing matter calculated or tending to undermine the public order or the authority of the State, or # which alleges, implies, or suggests or is calculated to suggest that the government functioning under the Constitution is not the lawful government of the State or that there is in existence in the State any body or organization not functioning under the Constitution which is entitled to be recognised as being the government of the country, or # which alleges, implies, or suggests or is calculated to suggest that the military forces maintained under the Constitution are not the lawful military forces of the State, or that there is in existence in the State a body or organization not established and maintained by virtue of the Constitution which is entitled to be recognised as a military force, or # in which words, abbreviations, or symbols referable to a military body are used in referring to an unlawful organization These provisions were largely aimed at Irish republican legitimatists who believed the 1922 Free State was a usurpation of the
Irish Republic The Irish Republic ( or ) was a Revolutionary republic, revolutionary state that Irish Declaration of Independence, declared its independence from the United Kingdom of Great Britain and Ireland in January 1919. The Republic claimed jurisdict ...
proclaimed in 1916 and again in 1919. The fourth provision made the use of the names "
Irish Republican Army The Irish Republican Army (IRA) is a name used by various Resistance movement, resistance organisations in Ireland throughout the 20th and 21st centuries. Organisations by this name have been dominantly Catholic and dedicated to anti-imperiali ...
" and "
Óglaigh na hÉireann (), abbreviated , is an Irish-language idiom that can be translated variously as ''soldiers of Ireland'', ''warriors of Ireland'', ''volunteers of Ireland''O'Leary, Brendan. ''Terror, insurgency, and the state: ending protracted conflicts''. ...
" seditious as they were regarded as rightfully used by the Irish Defense Forces. The LRC notes that advocating violence is not essential for a document to be seditious. The LRC also notes that Section 1A of the Broadcasting Authority Act 1960 (inserted in 1976) prohibited broadcasting of "anything which may reasonably be regarded as being likely to promote, or incite to, crime or as tending to undermine the authority of the State". The 1960 act has since been replaced by the Broadcasting Act 2009, section 39 of which obliges broadcaster not to broadcast "anything which may reasonably be regarded as causing harm or offense, or as being likely to promote, or incite to, crime or as tending to undermine the authority of the State".


Malaysia


Mauritius

The sedition law is based on Article 283 of the Criminal Code which was enacted in 1838.


New Zealand

Sedition charges were not uncommon in
New Zealand New Zealand () is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and List of islands of New Zealand, over 600 smaller islands. It is the List of isla ...
early in the 20th century. For instance, the future
Prime Minister A prime minister or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. A prime minister is not the head of state, but r ...
Peter Fraser Peter Fraser (; 28 August 1884 – 12 December 1950) was a New Zealand politician who served as the 24th prime minister of New Zealand from 27 March 1940 until 13 December 1949. Considered a major figure in the history of the New Zealand Lab ...
had been convicted of sedition in his youth for arguing against conscription during World War I, and was imprisoned for a year. Perhaps ironically, Fraser re-introduced the
conscription Conscription, also known as the draft in the United States and Israel, is the practice in which the compulsory enlistment in a national service, mainly a military service, is enforced by law. Conscription dates back to antiquity and it conti ...
of troops as the Prime Minister during World War II. In New Zealand's first sedition trial in decades, Tim Selwyn was convicted of sedition (section 83 of the
Crimes Act 1961 The Crimes Act 1961 is an act of New Zealand Parliament that forms a leading part of the criminal law in New Zealand. It repeals the Crimes Act 1908, itself a successor of the Criminal Code Act 1893. Most crimes in New Zealand are created by t ...
) on 8 June 2006. Shortly after, in September 2006, the New Zealand Police laid a sedition charge against a
Rotorua Rotorua () is a city in the Bay of Plenty region of New Zealand's North Island. It is sited on the southern shores of Lake Rotorua, from which it takes its name. It is the seat of the Rotorua Lakes District, a territorial authorities of New Zea ...
youth, who was also charged with threatening to kill. The police withdrew the sedition charge when the youth agreed to plead guilty on the other charge. In March 2007, Mark Paul Deason, the manager of a tavern near the
University of Otago The University of Otago () is a public university, public research university, research collegiate university based in Dunedin, Otago, New Zealand. Founded in 1869, Otago is New Zealand's oldest university and one of the oldest universities in ...
, was charged with seditious intent although he was later granted
diversion Diversion, Diversions, or The Diversion may refer to: Arts and entertainment * ''Diversion'' (film), a 1980 British television film adapted into the 1987 movie ''Fatal Attraction'' * ''Diversion'' (play), a 1927 work by John Van Druten * '' T ...
when he pleaded guilty to publishing a document which encourages public disorder. Deason ran a promotion for his tavern that offered one litre of beer for one litre of petrol where at the end of the promotion, the prize would have been a couch soaked in the petrol. It is presumed the intent was for the couch to be burned—a popular university student prank. Police also applied for Deason's liquor license to be revoked. Following a recommendation from the New Zealand Law Commission, the New Zealand government announced on 7 May 2007 that the sedition law would be repealed. The Crimes (Repeal of Seditious Offences) Amendment Act 2007 was passed on 24 October 2007, and entered into force on 1 January 2008. Russell Campbell made a documentary regarding conscientious objectors in New Zealand called ''Sedition.''


Singapore


United Kingdom

Sedition was a
common law offence Common law offences are crimes under English criminal law, the related criminal law of some Commonwealth countries, and under some U.S. state laws. They are offences under the common law, developed entirely by the law courts, having no specif ...
in the UK.
James Fitzjames Stephen Sir James Fitzjames Stephen, 1st Baronet, Knight Commander of the Order of the Star of India, KCSI (3 March 1829 – 11 March 1894) was an English lawyer, judge, writer, and philosopher. One of the most famous critics of John Stuart Mill, S ...
's "Digest of the Criminal Law" stated that: Stephen in his ''History of the Criminal Law of England'' accepted the view that a seditious libel was nothing short of a direct incitement to disorder and violence. He stated that the modern view of the law was plainly and fully set out by Littledale J. in ''Collins''. In that case the jury were instructed that they could convict of seditious libel only if they were satisfied that the defendant "meant that the people should make use of physical force as their own resource to obtain justice, and meant to excite the people to take the power in to their own hands, and meant to excite them to tumult and disorder". The last prosecution for sedition in the United Kingdom was in 1972, when three people were charged with seditious conspiracy and uttering seditious words for attempting to recruit people to travel to
Northern Ireland Northern Ireland ( ; ) is a Countries of the United Kingdom, part of the United Kingdom in the north-east of the island of Ireland. It has been #Descriptions, variously described as a country, province or region. Northern Ireland shares Repub ...
to fight in support of Republicans. The seditious conspiracy charge was dropped, but the men received suspended sentences for uttering seditious words and for offences against the Public Order Act 1936.The Law Commission, "Treason, Sedition and Allied Offences" (Working Paper No.72), paragraphs 78 and 96(6
EWLC C72
BAILII
In 1977, a
Law Commission A law commission, law reform commission, or law revision commission is an independent body set up by a government to conduct law reform; that is, to consider the state of laws in a jurisdiction and make recommendations or proposals for legal chang ...
working paper A working paper or work paper may be: *A working paper or technical paper. This encompasses literature that has not been peer reviewed or published in an academic journal. Working papers may be disseminated for the purpose of receiving feedback ...
recommended that the common law offence of sedition in England and Wales be abolished. They said that they thought that this offence was redundant and that it was not necessary to have any offence of sedition. However this proposal was not implemented until 2009, when sedition and seditious libel (as common law offences) were abolished in England and Wales and in Northern Ireland by section 73 of the
Coroners and Justice Act 2009 The Coroners and Justice Act 2009 (c. 25) is an Act of the Parliament of the United Kingdom. It changed the law on coroners and criminal justice in England and Wales. Among its provisions are: *Preventing criminals from profiting from public ...
, with effect from 12 January 2010. In Scotland, section 51 of the Criminal Justice and Licensing (Scotland) Act 2010 abolished the common law offences of sedition and leasing-making with effect from 28 March 2011. Sedition by an alien is still an offence under section 3 of the
Aliens Restriction (Amendment) Act 1919 The Aliens Restriction (Amendment) Act 1919 (9 & 10 Geo. 5. c. 92) is an Act of Parliament (UK), Act of the Parliament of the United Kingdom originally aimed at continuing and extending the provisions of the Aliens Restriction Act 1914, and the B ...
, punishable by up to three months of imprisonment if convicted summarily, or up to ten years of imprisonment if convicted on indictment.


United States


Civilian

The charge of seditious libel for true statements was weakened, but not abolished, in the 1735 New York case of ''Crown v.
John Peter Zenger John Peter Zenger (October 26, 1697 – July 28, 1746) was a German printer and journalist in New York City. Zenger printed ''The New York Weekly Journal''. He was accused of Defamation, libel in 1734 by William Cosby, the royal governor of Pro ...
''. Zenger had published attacks on Governor William Cosby that were well received in the province. The Attorney General charged him by criminal information, bypassing the grand jury process, and Zenger was acquitted by a trial jury. President
John Adams John Adams (October 30, 1735 – July 4, 1826) was a Founding Fathers of the United States, Founding Father and the second president of the United States from 1797 to 1801. Before Presidency of John Adams, his presidency, he was a leader of ...
signed into law the Sedition Act of 1798, which set out punishments of up to two years of imprisonment for "opposing or resisting any law of the United States" or writing or publishing "false, scandalous, and malicious writing" about the
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university *President (government title) President may also refer to: Arts and entertainment Film and television *'' Præsident ...
or the
U.S. Congress The United States Congress is the legislative branch of the federal government of the United States. It is a bicameral legislature, including a lower body, the U.S. House of Representatives, and an upper body, the U.S. Senate. They both ...
(though not the office of the
Vice-President A vice president or vice-president, also director in British English, is an officer in government or business who is below the president (chief executive officer) in rank. It can also refer to executive vice presidents, signifying that the vi ...
, then occupied by Adams' political opponent
Thomas Jefferson Thomas Jefferson (, 1743July 4, 1826) was an American Founding Fathers of the United States, Founding Father and the third president of the United States from 1801 to 1809. He was the primary author of the United States Declaration of Indepe ...
). This Act of Congress was allowed to expire in 1801 after Jefferson's election to the Presidency; Jefferson pardoned those still serving sentences, and fines were repaid by the government. This law was never appealed to the United States Supreme Court (which had not yet established its power to invalidate laws passed by Congress granted in
Marbury v. Madison ''Marbury v. Madison'', 5 U.S. (1 Cranch) 137 (1803), was a landmark decision of the U.S. Supreme Court that established the principle of judicial review, meaning that American courts have the power to strike down laws and statutes they find ...
) but opponents claimed it was unconstitutional under the First Amendment. In the
Espionage Act of 1917 The Espionage Act of 1917 is a United States federal law enacted on June 15, 1917, shortly after the United States entered World War I. It has been amended numerous times over the years. It was originally found in Title 50 of the U.S. Code ( ...
, Section 3 made it a federal crime, punishable by up to 20 years of imprisonment and a fine of up to $10,000, to willfully spread false news of the
United States Army The United States Army (USA) is the primary Land warfare, land service branch of the United States Department of Defense. It is designated as the Army of the United States in the United States Constitution.Article II, section 2, clause 1 of th ...
or
Navy A navy, naval force, military maritime fleet, war navy, or maritime force is the military branch, branch of a nation's armed forces principally designated for naval warfare, naval and amphibious warfare; namely, lake-borne, riverine, littoral z ...
with an intent to disrupt its operations, to foment
mutiny Mutiny is a revolt among a group of people (typically of a military or a crew) to oppose, change, or remove superiors or their orders. The term is commonly used for insubordination by members of the military against an officer or superior, ...
in their ranks, or to obstruct recruiting. This Act of Congress was amended by the Sedition Act of 1918, which expanded the scope of the Espionage Act to any statement criticizing the
Government of the United States The Federal Government of the United States of America (U.S. federal government or U.S. government) is the national government of the United States. The U.S. federal government is composed of three distinct branches: legislative, execut ...
. These laws were upheld by the Supreme Court in the 1919 decisions ''
Schenck v. United States ''Schenck v. United States'', 249 U.S. 47 (1919), was a landmark decision of the U.S. Supreme Court concerning enforcement of the Espionage Act of 1917 during World War I. A unanimous Supreme Court, in an opinion by Justice Oliver Wendell Hol ...
'' (concerning distribution of flyers urging men to resist the draft) and '' Abrams v. United States'' (concerning leaflets urging cessation of weapons production). Schenck led to the " shouting 'fire' in a crowded theater" explanation of the limits of
free speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recognise ...
. The laws were largely repealed in 1921, leaving laws forbidding foreign
espionage Espionage, spying, or intelligence gathering, as a subfield of the intelligence field, is the act of obtaining secret or confidential information ( intelligence). A person who commits espionage on a mission-specific contract is called an ...
in the United States and allowing military
censorship Censorship is the suppression of speech, public communication, or other information. This may be done on the basis that such material is considered objectionable, harmful, sensitive, or "inconvenient". Censorship can be conducted by governmen ...
of sensitive material. In 1940, the Alien Registration Act, or "
Smith Act The Alien Registration Act, popularly known as the Smith Act, 76th United States Congress, 3rd session, ch. 439, , is a United States federal statute that was enacted on June 28, 1940. It set criminal penalties for advocating the overthrow of ...
", was passed, which made it a federal crime to advocate or to teach the desirability of overthrowing the
United States Government The Federal Government of the United States of America (U.S. federal government or U.S. government) is the Federation#Federal governments, national government of the United States. The U.S. federal government is composed of three distinct ...
, or to be a member of any organization which does the same. It was often used against communist party organizations. This Act was invoked in three major cases, one of which against the Socialist Worker's Party in
Minneapolis Minneapolis is a city in Hennepin County, Minnesota, United States, and its county seat. With a population of 429,954 as of the 2020 United States census, 2020 census, it is the state's List of cities in Minnesota, most populous city. Locat ...
in 1941, resulting in 23 convictions, and again in what became known as the Great Sedition Trial of 1944 in which a number of pro-
Nazi Nazism (), formally named National Socialism (NS; , ), is the far-right politics, far-right Totalitarianism, totalitarian socio-political ideology and practices associated with Adolf Hitler and the Nazi Party (NSDAP) in Germany. During H ...
figures were indicted but released when the prosecution ended in a
mistrial In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, ...
. Also, a series of trials of 140 leaders of the
Communist Party USA The Communist Party USA (CPUSA), officially the Communist Party of the United States of America, also referred to as the American Communist Party mainly during the 20th century, is a communist party in the United States. It was established ...
also relied upon the terms of the "Smith Act"—beginning in 1949—and lasting until 1957. Although the U.S. Supreme Court upheld the convictions of 11 CPUSA leaders in 1951 in '' Dennis v. United States'', that same Court reversed itself in 1957 in the case of '' Yates v. United States'', by ruling that teaching an ideal, no matter how harmful it may seem, does not equal advocating or planning its implementation. Although unused since at least 1961, the "Smith Act" remains a federal law. There was, however, a brief attempt to use the sedition laws, as defined by the Sedition Act of 1918 amendments to the Espionage Act of 1917, after socialist leagues in America distributed leaflets calling for resisting the draft. Those amendments were deemed incompatible with freedom of speech under American law, in spite of the exceptional circumstances that led to those laws, against protesters of the Vietnam War. On 17 October 1967, two demonstrators, while engaged in a
sit-in A sit-in or sit-down is a form of direct action that involves one or more people occupying an area for a protest, often to promote political, social, or economic change. The protestors gather conspicuously in a space or building, refusing to mo ...
at the Army Induction Center in
Oakland, California Oakland is a city in the East Bay region of the San Francisco Bay Area in the U.S. state of California. It is the county seat and most populous city in Alameda County, California, Alameda County, with a population of 440,646 in 2020. A major We ...
, were arrested and charged with sedition by a deputy U.S. Marshal. U.S. Attorney Cecil Poole changed the charge to trespassing. Poole said, "three guys reaching up and touching the leg of an inductee, and that's conspiracy to commit sedition? That's ridiculous!" The marshals were in the process of stepping on the demonstrators as they attempted to enter the building, and the demonstrators were trying to protect themselves from the marshals' feet. Attorney Poole later added, "We'll decide what to prosecute, not marshals." This decision drew the ire of California Senator
George Murphy George Lloyd Murphy (July 4, 1902 – May 3, 1992) was an American actor and politician. Murphy was a song-and-dance leading man in many big-budget Hollywood musicals from 1930 to 1952. He was the president of the Screen Actors Guild from 1944 to ...
, who would later block Poole's confirmation to a federal judgeship in response. In 1981, Oscar López Rivera, a Puerto Rican nationalist and Vietnam War veteran, was convicted and sentenced to 70 years in prison for seditious conspiracy (among other offenses) for his involvement in FALN - a Puerto Rican independence group that carried out over 130 bombings in the United States. Rivera was tried for being a recruiter and bomb-making trainer. In 1999, he was among the 16 Puerto Rican nationalists offered conditional clemency by U.S. President
Bill Clinton William Jefferson Clinton (né Blythe III; born August 19, 1946) is an American politician and lawyer who was the 42nd president of the United States from 1993 to 2001. A member of the Democratic Party (United States), Democratic Party, ...
in 1999, but he rejected the offer.Steven Katsineris
"Puerto Rico: Free Oscar López Rivera!"
''Green Left Weekly''. Issue 879. 15 May 2011. Retrieved 22 March 2012.
Then-Congressman, now
Governor of Puerto Rico The governor of Puerto Rico () is the head of government of the Commonwealth of Puerto Rico, an unincorporated territory of the United States. Elected to a 4 year-term through popular vote by the residents of the archipelago and island, ...
Pedro Pierluisi stated that "the primary reason that López Rivera did not accept the clemency offer extended to him in 1999 was because it had not also been extended to certain fellow Puerto Rico independence movement prisoners, including Mr. (Carlos Alberto) Torres". Torres was released from prison in July 2010. In January 2017, President
Barack Obama Barack Hussein Obama II (born August 4, 1961) is an American politician who was the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, he was the first African American president in American history. O ...
commuted López Rivera's sentence; he was released May 2017, having served 36 years in prison. In 1987, fourteen white supremacists were indicted by a federal grand jury for seditious conspiracy between July 1983 and March 1985. Some alleged conspirators were serving time for overt acts, such as the crimes committed by The Order - bank robbery and the assassination of
Alan Berg Alan Harrison Berg (January 1934 – June 18, 1984) was an American talk radio show host in Denver, Colorado. Born to a Jewish family, he had outspoken atheistic and liberal views and a confrontational interview style. Berg was assassinated b ...
. Others, such as Louis Beam and Richard Butler, were charged for their speech seen as spurring on the overt acts by the others. In April 1988, a federal jury in Arkansas acquitted all the accused of charges of seditious conspiracy. Some still had to serve lengthy prison sentences on other charges, albeit one of the witnesses at the trial, Frazier Glenn Miller Jr., would later kill three people in shootings at Jewish community centers in 2014. On 1 October 1995,
Omar Abdel-Rahman Sheikh Omar Abdel-Rahman (), (ʾUmar ʾAbd ar-Raḥmān; 3 May 1938 – 18 February 2017), commonly known in the United States as "The Blind Sheikh", was a blind Egyptians, Egyptian Islamist militant who served a Life imprisonment, life senten ...
and nine others were convicted of
seditious conspiracy Seditious conspiracy is a crime in various jurisdictions of Conspiracy (criminal), conspiring against the authority or legitimacy of the state. As a form of sedition, it has been described as a serious but lesser counterpart to treason, targeting ...
after the
1993 World Trade Center bombing The 1993 World Trade Center bombing was a terrorist attack carried out by Ramzi Yousef and associates against the United States on February 26, 1993, when a van bomb detonated below the North Tower of the World Trade Center complex in Manhat ...
. Laura Berg, a nurse at a U.S. Department of Veterans Affairs hospital in
New Mexico New Mexico is a state in the Southwestern United States, Southwestern region of the United States. It is one of the Mountain States of the southern Rocky Mountains, sharing the Four Corners region with Utah, Colorado, and Arizona. It also ...
, was investigated for sedition in September 2005 after writing a letter to the editor of a local newspaper, accusing several national leaders of criminal negligence. Though their action was later deemed unwarranted by the director of Veteran Affairs, local human resources personnel took it upon themselves to request an
FBI The Federal Bureau of Investigation (FBI) is the domestic Intelligence agency, intelligence and Security agency, security service of the United States and Federal law enforcement in the United States, its principal federal law enforcement ag ...
investigation. Ms. Berg was represented by the
ACLU The American Civil Liberties Union (ACLU) is an American nonprofit civil rights organization founded in 1920. ACLU affiliates are active in all 50 states, Washington, D.C., and Puerto Rico. The budget of the ACLU in 2024 was $383 million. ...
. Charges were dropped in 2006. On 28 March 2010, nine members of the Hutaree Christian Patriot militia were arrested and charged with crimes including seditious conspiracy. In August 2012, U.S. District Judge Victoria Roberts dismissed all serious charges against the remaining defendants, including sedition, and rebuked prosecutors for bringing the case. One man, Jacob Ward, was found not competent to stand trial. Three of the men, Joshua John Clough, David Brian Stone Sr., the leader of the group, and his son Joshua Stone, pleaded guilty to weapons charges. On 13 January 2022, eleven members or associates of the militia group
Oath Keepers Oath Keepers is an American far-right anti-government militia whose leaders have been convicted of violently opposing the government of the United States, including the transfer of presidential power as prescribed by the United States co ...
, including founder Stewart Rhodes, were charged with seditious conspiracy for their involvement with the
January 6 United States Capitol attack On January 6, 2021, the United States Capitol in Washington, D.C., was attacked by a mob of supporters of Donald Trump, President Donald Trump in an attempted self-coup,Multiple sources: * * * * * * * * * * * * * two months afte ...
. In 2022, three of the charged Oath Keepers pled guilty to the crime, becoming the first convictions since 1995. On 29 November 2022,
Rhodes Rhodes (; ) is the largest of the Dodecanese islands of Greece and is their historical capital; it is the List of islands in the Mediterranean#By area, ninth largest island in the Mediterranean Sea. Administratively, the island forms a separ ...
, after pleading not guilty in January 2022, was convicted of seditious conspiracy, becoming the first person convicted by a jury of the crime in 27 years. On 23 January 2023, four additional Oath Keepers were found guilty. On 6 June, 2022, five members or associates of the militia group
Proud Boys The Proud Boys is an American far-right politics, far-right, Neo-fascism, neo-fascist militant organization that promotes and engages in political violence.Far-right: * * Fascist: * * * * * Men only: * * * Political violence and militancy: ...
, including the former chairman,
Enrique Tarrio Henry "Enrique" Tarrio (  ;  ; born ) is an American convicted seditionist and far-right activist. From 2018 to 2021, he was the chairman of the Proud Boys, a neo-fascist organization that promotes and engages in political violence ...
, were indicted for seditious conspiracy for their involvement in the
January 6 United States Capitol attack On January 6, 2021, the United States Capitol in Washington, D.C., was attacked by a mob of supporters of Donald Trump, President Donald Trump in an attempted self-coup,Multiple sources: * * * * * * * * * * * * * two months afte ...
.


Military

Sedition is a punishable offense under Article 94 of the
Uniform Code of Military Justice The Uniform Code of Military Justice (UCMJ) is the foundation of the system of military justice of the armed forces of the United States. The UCMJ was established by the United States Congress in accordance with their constitutional authority ...
.


Civil law jurisdictions


Germany

("incitement of the people") 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.


Spain

After the 2017–18 Spanish constitutional crisis some of the leaders of the
Catalan independence movement The Catalan independence movement (; ; ) is a Social movement, social and political movement with roots in Catalan nationalism that seeks the independence of Catalonia from Spain. While proposals, organizations and individuals advocating for Ca ...
were charged with several criminal offences, notably
rebellion Rebellion is an uprising that resists and is organized against one's government. A rebel is a person who engages in a rebellion. A rebel group is a consciously coordinated group that seeks to gain political control over an entire state or a ...
and sedition. An offence similar to the Spanish offence of rebellion did not exist in Germany and the European Arrest Warrant against Carles Puigdemont was withdrawn, allowing him to remain in Belgium. Other leaders who were convicted of sedition received 9–13 years in prison as established in the Spanish Penal Code by a unanimous sentence of the Spanish Supreme Court during the October 2019 trial.. In 2022, it was removed from the Spanish Criminal Code, being replaced with the new lesser-sentence "aggravated public disorder" offense.


See also

*
Coup d'état A coup d'état (; ; ), or simply a coup , is typically an illegal and overt attempt by a military organization or other government elites to unseat an incumbent leadership. A self-coup is said to take place when a leader, having come to powe ...
* Criminal anarchy *
Fifth column A fifth column is a group of people who undermine a larger group or nation from within, usually in favor of an enemy group or another nation. The activities of a fifth column can be overt or clandestine. Forces gathered in secret can mobilize ...
*
Free speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recognise ...
*
Guerrilla warfare Guerrilla warfare is a form of unconventional warfare in which small groups of irregular military, such as rebels, partisans, paramilitary personnel or armed civilians, which may include recruited children, use ambushes, sabotage, terrori ...
*
Kangaroo court Kangaroo court is an informal pejorative term for a court that ignores recognized standards of law or justice, carries little or no official standing in the territory within which it resides, and is typically convened ad hoc. A kangaroo court ma ...
*
Political repression Political repression is the act of a state entity controlling a citizenry by force for political reasons, particularly for the purpose of restricting or preventing the citizenry's ability to take part in the political life of a society, thereby ...
*
Propaganda Propaganda is communication that is primarily used to influence or persuade an audience to further an agenda, which may not be objective and may be selectively presenting facts to encourage a particular synthesis or perception, or using loaded l ...
*
Revolution In political science, a revolution (, 'a turn around') is a rapid, fundamental transformation of a society's class, state, ethnic or religious structures. According to sociologist Jack Goldstone, all revolutions contain "a common set of elements ...
*
Sabotage Sabotage is a deliberate action aimed at weakening a polity, government, effort, or organization through subversion, obstruction, demoralization (warfare), demoralization, destabilization, divide and rule, division, social disruption, disrupti ...
* Sedition Act (disambiguation) * Sedition Caucus *
Treason Treason is the crime of attacking a state (polity), state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to Coup d'état, overthrow its government, spy ...


References


Citations


Sources

*


Further reading

* Breight, Curtis, C. ''Surveillance, militarism and drama in the Elizabethan Era'', Macmillan 1996: London. *


External links

* * {{Authority control Crimes Common law offences in England and Wales