ESSAY OUTLINE

“BETTER PLATFORM FOR A BETTER CHANGES”

Introduction
- going to tell the issues that happen in Malaysia during Covid-19 and movement
control order
- how the political restructure happen during that times and what’s the reaction of
Malaysian itself
- how the election of the new Prime Ministers was done and does the election meet to
the fair point towards all party
- some people not satisfied with the election
- the viral video of a “siapa muhyiddin? Aku tak undi dia” girl doing demo in
Dataran Merdeka
- “Perhimpunan Demokrasi” along Jalan Tunku Abdul Rahman to Dataran
Merdeka on February 2020

I. A freedom of speech in Malaysia

a. the freedom of speech which using a placard or demonstration
b. based on Section 2 of 10 of the Federal Constitution 1999
c. Akta Perhimpunan Aman 2012 for demo
i. There is difference between freedom of speech and the seditious action
- Sedition Act 1948
- Perhimpunan Bersih 4.0

II. Freedom of speech using social media

a. using a social media as a platform to express their opinion
b. based on Printing and Publishing Act 1984
c. Communication and Multimedia Act 1998
d. all expression of idea through social media platform are monitored by M CMC
III. Opinion about freedom of speech on both platform
a. Agree to be give a freedom of speech
b. because monitored by authorities
c. must know the difference of expressing idea or opinion and incite
d. freedom of speech by youth should be heard and brought to next level

Conclusion
- be a good Malaysia and take a chance of speech freedom to change the world for a
better nation and country
INTRODUCTION

On the December 2019, whole world was shaken by the most dangerous virus
that are affected through respiratory system which named as corona virus. Malaysia
also feel the effect of the epidemic which are started to spread widely on 25 th January
2020 which brought by three China citizens who entered Malaysia from Singapore.
Three of them are positive with Covid-19. (Berita Harian, 17 th March 2020) In the
midst of hardship, Malaysia faced a political issues which is there is an exchanged of
Prime Minister during that time. Tan Sri Muhyiddin Yassin was appointed as interim
Prime Minister after seventh Prime Minister, Tun Dr. Mahathir resigned on 24 th of
February 2020. Some of Malaysian still have no idea what happened on the political
restructured on that time but the election of eighth Prime Minister was approved by
Yang Dipertuan Agong, Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah
which stated on Federal Constitution of Malaysia. (Berita Harian, 1st March 2020) The
appointed of our new Prime Minister in pursuant to Article 40 (2) (a) and Article 43
(2) (a) of the Constitution.

However, there is still have some party or people who dissatisfied with the
appointment. Right after the appointed of Prime Minister, the virus of Covid-19
getting worst and our Prime Minister had to implement a movement control order
(MCO) which started 18th March 2020 for first phase. Upon the appointment yet still
some of people make a strike rally on Dataran Merdeka. Most popular issues that
happened during that time was a girl that spoke out with a famous word which is
“Siapa Muhyiddin?”. She went viral because she spoke out loud on Dataran Merdeka
because of the exchange of Prime Minister out of sudden the video went viral on
social media and Youtube (1st March 2020) Besides that, some of youth gathering for
marching which called as “Perhimpunan Demokrasi” from along Jalan Tunku Abdul
Rahman to Dataran Merdeka on February but unlucky the march was violated from
Peaceful Assembly Act 2012. ACP Mohd Fahmi Visuvanathan Abdullah a Police
Chief of Dang Wangi District informed that on Berita Harian report (1st March 2020)
the organizer for the assembly not giving the notice to police before doing the
assembly and this action violated the act. Malaysian can freely to gave any speech but
the speech still have their own limit because Malaysia is a law-abiding country and in
the pillar of Malaysia also mentioned that the most supremacy in Malaysia was a
Federal Constitution followed by the rule of law and finally was courtesy and
morality. All of the pillars are applied in Malaysian everyday life. Freedom of speech
is fundamental to the existence of democracy and respect for human dignity. So, as a
good Malaysia we need to know the difference of the freedom of speech based on act
that been given and provoke especially towards reins of government in Malaysia. To
follow the rules that are stated in Malaysia was easy but to applied in daily life
sometimes make it our of our norm.

FREEDOM OF SPEECH IN MALAYSIA

Malaysian has the right to freedom of speech which is guaranteed by Article 10 of

the Constitution of Malaysia. The Article 10 allows all citizens the absolute freedom as
not restricted by the government. However, the right to freedom of speech is contained
in The Federal Constitution is an absolute right of freedom. This right is limited by
some laws enacted by Parliament for national security, public order, the privileges of
Parliament or any State Assembly and relations diplomatic relations between Malaysia
and foreign countries and occupants of methods, slanderous conduct and subversive
acts. This is contained in Clause (2), Actor 10, Federal Constitution. Looking at the
situation in Malaysia, some of the people of this country look very clear and understand
the rights and restrictions on freedom of speech in Malaysia. This encourages them to
voice their opinions in various forms through writing, drawing, singing, conversation
and video recording in the hope that the issues raised will get attention and action taken
by the government. But some of them arguing about the right to freedom of expression
and the restriction on their right to freedom of speech in Malaysia. (Abdul Aziz Bari,
Farid Suffian Shuib. 2006.)

Some of Malaysian said that the right for them on speech are finally become as a
selected right which mean, only the selected issues and selected people will be choose
to speech out loud. Finally, it indirectly turned into a case of denial of rights for some
citizens. That’s why, when we talk about something that are related to freedom of
speech, something that are related to Federal Constitution, finally the law that had been
enacted become a most important resources to be refer. Inasmuch as that we need to
know the differ freedom of speech and the seditious action. Some famous issues about
freedom of speech is a historical issue that has occurred in Malaysia is the event of
May 13 riots. Continuity to the most bloody incident, China Press Publisher was
suspended for two days as a sake for stabilization and to restore the public order.(Lee
Kuok Tiung, Mohd Safar Hasim, Baszley Bee Basrah Bee, 2011). What can be
concluded from these incident is the the local newspaper publisher have used their
right on freedom of speech to the maximum until unknowingly their writings contain
elements that can cause dissatisfaction among the community, burned the feelings of
anger in their own selves and further aggravates the situation. These kind of situation
can be called as a defamation and spreading of fake news because the content of the
newspaper has an element of divisive racism. That’s why as a good Malaysian, need
to know the laws provided for Malaysian on freedom of speech. (Zaharanum
Kamaruddin, 2013)

FREEDOM OF SPEECH USING SOCIAL MEDIA

Due to being swallowed by the currents of modernity, many people tend to

frequently use with their mobile smartphones. Some of them feel that smartphones
means everything to them. Everything is at your fingertips. Applications on the
smartphones became as a necessity for daily usage especially for information and
current issues in country. Therefore, social media became as a part of platform for
people or citizens to digs information and speak out their opinion. But all of the
sharing are monitored by the authorities. If the sharing of idea or opinion are
provocative, authorities can fined or sue them because violating the laws. The
Malaysian Communications and Multimedia Commission (MCMC) is able to delete
and take action on every content published by irresponsible individuals on social
media if the matter is seen to provoke inter-racial provocation. (mcmc.gov.my, 2018)

Before the advent of the internet, information was controlled by the government.
The government can determine what information is generally accepted. After the
advent of the internet, the government's monopoly on information was increasingly
eroded. Some irresponsible person have no guilt to write something that totally
inappropriate. On 3rd July 2020, Mahadi Ibrahim, 58 years old are fined because made
an insulting statement on Sultan of Johor, Sultan Ibrahim Sultan Iskandar and Tunku
Mahkota Johor, Tunku Ismail Sultan Ibrahim, through the WhatsApp application. He
was charged under Section 233 (1) (a) of the Communications and Multimedia Act
1998 and is punishable under Section 233 (3) of the same act, which provides for a
maximum fine of RM50,000 or imprisonment for up to one year, or both. Lessons that
can be taken from this case, right or freedom that are been given by government
should be used wisely. (Berita Harian, 3rd July 2020)

Before wrote something that might lead to insulting, think about it more than
twice because there’s many act that are were made to make sure the freedom of
speech that bee given to citizens can be used at the best. Some of the act that control
the freedom of speech are Sedition Act 1948. This act was enacted to protect the
sensitivity of Malaysian citizens. Section 2 of this act gives the interpretation of the
word "inciting" as any act, speech, word, publication or any other thing making the
act, speech, word, publication or other thing as having a tendency to incite. Section 3
(1) (f) provides that the inclination to incite includes questioning any matter, right,
status, privilege, sovereignty or sovereign right prescribed or protected by the
provisions of Part III of the Federal Constitution, Article 152, Article 153 and Article
181 Federal Constitution. But after that there’s an amendment on the Sedition Act
which The Sedition (Amendment) Act 2015 amends Section 2 by adding "by
electronic means", in relation to a publication. The amendment were made actually in
line with the passage of the technological age due to many issues in Malaysia which
involving the usage of social media as a medium and also electronic newspaper which
can be access through smartphones. (Undang-undang Malaysia, 2006)

Next, Printing Presses and Publications Act 1984 Printing Presses and
Publications Act 1984 which seeks to enact laws relating to printing materials,
publications and distribution of publications. Freedom of the press is not an absolute
freedom because a license from the Minister of Home Affairs is required before the
printed materials are distributed to the public and the publishing using e-newspaper
also were included in these act. Communications and Multimedia Act 1998 are the
most important act that a amend based on the usage of internet freedom of speech
using any application on smartphones especially social media. This Act relates to
cyber law. A framework that allows monitoring of the communications and
multimedia industry by the government. This act regulates traditional broadcasting,
telecommunications and online services, including the facilities and networks used in
providing such services, as well as content provided through such facilities and
networks. No provision allows internet censorship. All telco data information were
monitored by the MCMC, that’s why if Malaysian do something malicious were
easily detected and were arrested. (Dr. Ahmad Zaharudin Sani Sabri, 12th Febreuary
2015) As a good Malaysian too, if we saw any statement that are contradict towards
all the act that were amend special for cyber, we can make a move by report the
statement to Polis Diraja Malaysia to make sure the usage of freedom of speech can
be used wisely and and at the same time to give a lesson to the perpetrator to not to
repeat the same mistake by using the social media.

OPINION ON FREEDOM OF SPEECH ON BOTH MEDIUM IN MALAYSIA

According to the view as a Malaysian, the freedom of speech on both medium as

in speech or demo and social media are absolutely good and agree to be given a
freedom for both. Because as a youth, we need to start to express an idea which might
lead to better Malaysian. Youth is the jewel of the country. youths are able to change
the country in the future because youths are the heirs who will shape the future.
Malaysians need not be afraid and plan to stop freedom of speech because the act
enacted by the government for freedom of speech is able to protect the interests of the
country. All efforts made by the authorities to address the issues that are related to the
right to freedom of expression deserve to be appreciated because they have upheld the
sovereignty of the country and the Federal Constitution. Everything can be proven by
several cases that have been successfully handled by the police.

But before taking note of all the acts provided by the government, the most
important thing that Malaysians need to know is to distinguish between acts of
sedition and freedom of speech. Among the cases related to sedition is the case by
graphic designer Fahmi Reza. He was uploading a caricature picture of ex-prime
minister, Dato Seri Najib Abdul Razak on his Facebook but the caricature is seditious
and also insulting our ex-prime minister. But was charged with the improper use of
network facilities by knowingly creating communication that was offensive with an
intention to annoy other people through his Facebook account. Justice Kamardin
Hashim (5th July 2019), said he was charged under Section 233 (1) (a) of the
Communications and Multimedia Act 1998 and is punishable under Section 233 (3) of
the same act, which provides for a maximum fine of RM50,000 or imprisonment for
up to one year, or both. Those are an evidence that can be shown that the seditious
action easily traced by MCMC and will lead to dark fate for the perpetrator. Besides
that, the youth voice should he heard and be brought to the next level. The country
needs to nurture the voice of the youth in the right channels.

Recently, The Malaysian Youth Council (MBM) has organized a digital

parliament that brings together 222 youths to debate, discuss and approve bills or
policies through a special platform said Muhammad Sherhan Nizam Abdul Aziz on
press conference with Berita Harian (11 th July 2020) It aims to provide space and
channels for young people to express their opinions and express their perspectives on
the policies that need to be implemented to address the COVID-19 crisis, post
COVID-19 as well as discuss topics of national interest, especially closely related to
the current situation. The initiative is run via online and receiving a warm welcome at
the new generation level. The National Youth Consultative Council (MPBN) is
considered the most important platform for youths to ensure that their voices are
raised. MPBN is enshrined in Act 668, Youth Organization and Youth Development
Act 2007 whose function is to act as a consultative body in matters related to youth
development. Such programs need to be continued in order to strengthen the
government's efforts to form youths who are able to be competitive in facing
challenging social and economic challenges.

CONCLUSION

Malaysia, as a democracy, has practiced the right to freedom of expression as

enshrined in the Federal Constitution. At the same time, this right is not given
absolutely to its people. Restrictions on the right to freedom of expression were
established with the enactment of the Sedition Act 1948, Defamation Act 1957,
Internal Security Act 1960, Universities and University Colleges Act 1971, Act 16
Official Secrets 1972 and Printing Presses and Publications Act 1984. These
restrictions are important to ensure national security. However, from time to time, the
voice of the people requesting that these restrictions be minimized always exists.
Pressure after insistence continues to be voiced on the grounds of criticizing
shortcomings in the administration of the country and the shortcomings that occur
among the leaders of the country. On this relentless insistence, the former Prime
Minister of Malaysia, Dato Sri Mohd Najib Tun Razak once announced the repeal of
the Internal Security Act. (malaysiakini.com, 15th September 2011) This repeal is said
to make Malaysia the best democratic country in the world. Former Chairman of
Suhakam, Musa Hitam (2001) argues that there is no such thing as absolute media
freedom. He agreed that media freedom should be tied to the responsibility of
presenting its reports and production. If the media and its practitioners fight against a
multi-racial society, then the people of Malaysia will be in a state of insecurity and the
people will be confused and live in hatred. Is the dignity of the nation, race and
religion a trivial thing that anyone can play to achieve freedom of speech? Is this what
we want, unlimited freedom! Finally, it is the obligation of all communities to learn
from every event that occurs. The good is used as an example, the bad as a boundary.
The people should know better to evaluate something good even if given freedom.
Freedom should be used to change the reins of the world and not to criticize without
acting. Be a good Malaysia and take a chance of speech freedom to change the world
for a better nation and country.

(2630 WORDS)
REFERENCES

BOOK REFERENCES

Abdul Aziz Bari, Farid Suffian Shuib. 2006. Constitution of Malaysia – Text and
Commentary. Pearson Prentice Hall.

Abdul Aziz Bari. 2003. Malaysian Constitution – A Critical introduction. The

Other Press

Abdul Aziz Bari, Farid Sufian Shuaib. 2004. Constitution of Malaysia – Text and
Commentary. Pearson Malaysia.

Harding, Andrew, 2012. The Constitution of Malaysia: A Contextual Analysis,

Oxford, Hart Publishing. Harding, Andrew. 1996. Law, Government and the
Constitution of Malaysia. Kluwer International.

Mohd. Salleh Abas. (1988). Kewarganegaraan dan Hak Asasi. Kuala Lumpur:
Dewan Bahasa dan Pustaka.

Perlembagaan Persekutuan. (2009). Perlembagaan Persekutuan (Hingga 10hb Jun

2009). Petaling Jaya: International Law Book Services.

Shad Saleem Faruqi. 2008. Document of Destiny. Star Publications (M) Berhad

WEB REFERENCES

Aishah Hj. Bidin. (1990). Undang-undang tentang kebebasan bersuara dan mencetak
di Malaysia.
by Jurnal Komunikasi. 6. 27-41. Retrieved from
http://journalarticle.ukm.my/4903/1/9(1).pdf

Arkib Negara Malaysia. (10 April 2009). Mesyuarat Pertama Majlis Perundingan
Negara.
by Hari Ini Dalam Sejarah. Retrieved from
http://www2.arkib.gov.my/hids/print.php?type=A&item_id=3832

Bernama (17th March 2020). Kronologi COVID-19 di Malaysia

by Berita Harian. Retrieved from
https://www.bharian.com.my/berita/nasional/2020/03/666122/kronolo gi-
covid-19-di-malaysia

Bernama (3rd July 2020). Denda RM5,000 hina sultan, Tengku Mahkota Johor
by Berita Harian. Retrieved from
https://www.bharian.com.my/berita/kes/2020/07/706919/denda-rm5000 -hina-
sultan-tengku-mahkota-johor

Bernama (5th July 2019). Fahmi Reza fails to strike out conviction for publishing
Najib caricature.
by The Star. Retrieved from
https://www.thestar.com.my/news/nation/2019/07/05/fahmi-reza-fail s-to-strike-
out-conviction-for-publishing-najib-caricature/

Bernama (1st March 2020). Muhyiddin angkat sumpah Perdana Menteri Kelapan
 by Berita Harian. Retrieved from
https://www.bharian.com.my/berita/nasional/2020/03/660878/muhyidd in-
angkat-sumpah-perdana-menteri-kelapan

Dr Ahmad Zaharuddin Sani Sabri (5th February 2015). Kebebasan bersuara ada had
elak gugat perpaduan rakyat
by Berita Harian. Retrieved from
https://www.bharian.com.my/taxonomy/term/61/2015/02/33302/kebebas an-
bersuara-ada-had-elak-gugat-perpaduan-rakyat

Humans Right, D. (2017, February 24).

by Freedom of Speech. Retrieved from http://www.derechos.org/human-
rights/speech

Lee Kuok Tiung, Mohd Safar Hasim & Baszley Bee Basrah Bee. (2011).
Perkembangan persuratkhabaran Bahasa Mandarin di Malaysia dan peranannya dalam
masyarakat Cina.
by Jurnal Pengajian Media Malaysia. 13 (2). 111 – 133. Retrieved from
http://www.myjurnal.my/filebank/published_article/13878/111to133.pdf

Martinnah Channel (1st March 2020). Video viral “Siapa Muhyiddin?”

by Youtube. Retrieved from https://www.youtube.com/watch?
v=CK3rm37WV9o

MalaysiaKini (15th September 2011). K'jaan mansuhkan ISA dan Akta Buang Negeri
by Malaysia Kini TV. Retrieved from
https://www.malaysiakini.com/news/175950

Muhammad Sherhan Nizam Abdul Aziz (11th July 2020). Suburkan anak muda
melalui saluran sesuai.
by Berita Harian. Retrieved from https://www.bharian.com.my/rencana/minda-
pembaca/2020/07/709560/s uburkan-suara-anak-muda-melalui-saluran-sesuai
Safeek Affendy Razzali (1st March 2020). Penganjur himpunan demokrasi langgar
APA 2012
 by Berita Harian. Retrieved from
https://www.bharian.com.my/berita/kes/2020/03/661094/penganjur-hi
mpunan-demokrasi-langgar-apa-2012

Undang-undang Malaysia. (2006).

by Akta Hasutan 1948 (Mengandungi segala pindaan hingga 1 Januari 2006).
Retrieved from http://www.agc.gov.my/Akta/Vol.%201/Akta%2015.pdf

Undang-undang Malaysia. (2006).

by Akta Keselamatan Dalam Negeri 1960 (Mengandungi segala pindaan hingga
1 Januari 2006). Retrieved from http://www.agc.gov.my/Akta/Vol.%202/Akta
%2082.pdf

Undang-undang Malaysia. (2006).

by Akta Rahsia Rasmi 1972 (Mengandungi segala pindaan hingga
1 Januari 2006). Retrieved from
http://ict.um.edu.my/images/ict/doc/pdf%20ict/AktaRahsiaRasmi1972pdf.pdf

Undang-undang Malaysia. (2008).

by Akta Mesin Cetak dan Penerbitan 1984 (Mengandungi segala pindaan hingga
1 Januari 2006). Retrieved from
http://www.moe.gov.my/bbt/download/Akta%20Mesin%20Cetak%20Dan%20Pe
nerbitan%201984.pdf

Undang-undang Malaysia. (2012).

by Akta Universiti dan Kolej Unviersiti 1971 (Versi atas talian teks
cetakan semula yang kemas kini. Sebagaimana pada 1 Ogos 2012). Retrieved
from di http://www.ukm.my/e-pelajar/pdf/2013/mac/bul_05032013-25_1.pdf