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Individual Freedom to Speech and Expression Under the Malaysian Constitution

Individual Freedom to Speech and Expression Under the Malaysian Constitution

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Published by cardiaxavier1056

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Published by: cardiaxavier1056 on Jul 29, 2009
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06/18/2013

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Is there truly a protection of an individual freedom to speech andexpression under the Malaysian Constitution or is such freedom alimited and/or restricted one? Critically comment. (Support your answer with case law or statutes if any).
a. INTRODUCTORY
The fact of the question allows a critical review upon the protection of individual freedom to speech and expression under the MalaysianConstitution.
b. WHAT FALLS UNDER THE FREEDOM TO SPEECH ANDEXPRESSION?
Freedom of speech and association is part of 
 Art 10 FC 
. There are fewcategories can be seen under these freedoms, which includes; sedition,contempt of court, press freedom and the licensing newspapers.
1
c. LET US HAVE A FURTHER UNDERSTANDING!
First and foremost, let one discuss upon the sedition. One could seethat the autonomy to speak out and alliance here has nonetheless been
1
Harding, Andrew, “Law, Government and the Constitution in Malaysia ”,(6
th
Edition, 2007), Malayan Law Journal Sdn Bhd. 192, 196 and 197
5
 
‘hold back’. This can readily be seen through
The Sedition Act 1948
. Theclear picture of the restriction of words can clearly be seen in the case of 
 Public Prosecutor v Mark Koding 
.
2
 One could see that those words camefrom the Member of Parliament; Mark Koding was seditious in nature andhas acted ambiguously, ignoring the sensitivity of other races in Malaysia.In the case of 
 Lim Kit Siang v Dato’ Seri Dr. Mahathir Mohamad 
;here the Prime Minister condemned the court for interpreting statutesdiffering to Parliament’s intention.
3
 Further, Mr. Lim claimed that thecriticism was a great deal of disregarding the judiciary organ and the pillar of separation of powers.
4
The essence of the freedom of press and the licensing of newspaperscan evidently be observe in the case of 
 Persatuan Aliran Kesedaran Negara v Minister of Home Affairs
.
5
The absurdity stands when theminister refused to approved the licence in renewing the operation of the journal.
6
d. IS THERE AN END TO THE RESTRICTION?
2
[1983] 1 MLJ 111
3
[1987] 1 MLJ 383, 386
4
Harding, Andrew, “Law, Government and the Constitution in Malaysia ”,(6
th
Edition, 2007), Malayan Law Journal Sdn Bhd, 196
5
[1988] 1 MLJ 440
6
Harding, Andrew, “Law, Government and the Constitution in Malaysia ”,(6
th
Edition, 2007), Malayan Law Journal Sdn Bhd, 197 & 198
6
 
Based upon the elaboration that one had provided before, one is verysure that you would wish to know one’s opinions with regards to therestriction upon
 Art 10 FC 
.Primarily, the restriction may help the nation to be more careful withwords used. Which means, ‘the society will try not to hurt each other’(either upon races, religions or other matter that had been classified as‘sensitive issues’).In discussing the rational of the restrictions, one would prefer toexclude the
 Internal Security Act 
issue. The
Federal Constitution
hashighly likely trying to control the misconduct of the public towards thefreedom given. One would be of the opinion that the government belief that if freedom were to be given to the public thoroughly, then the societyshall suffer; because of the misused of liberty.Further, one would see the restriction not as a burden, but merely away to enforce respect and discipline amongst the people.Despite the positive view that one had ‘vomited’, there are alsocontrary views with regards to the freedoms. One would think that the‘democracy issue’ in Malaysia is just a fake title in the eye of the world.The public itself knows the truth and ‘borders’ has been drawn to ensurethe public would not and should not cross the line.Thus, based upon one’s outlooks, one would belief that you might havesome different ideas in assessing your views upon the freedom of speech
7

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