-A case study of Malaysia

1. CONSTITUTIONAL LAW
Article Review: Freedom of Speech and the Internet
– A Case Study of Malaysia
ASMAH BINTI CHE WAN 226388
WAN NUR FATIHAH BINTI MUKHTAR 226713
GAYATHRI A/P SAMBATH 226178
NOR IZUREEN BINTI ROZIN 226587
HAMSAGAYATHRI A/P LOGHANATHAN 226548

2. .INTRODUCTION
Freedom of speech is one of the most fundamental
rights that individuals enjoy. It is fundamental to the
existence of democracy and the respect for human
dignity.
. It is also one of the most dangerous rights, because
freedom of speech means freedom to express one’s
discontent with the status quo and the desire to change
it. As such, it is one of the most threatened rights.
. The Internet is a powerful and positive forum for free
expression.

3. • The Internet is the first medium that
allows anyone with reasonably
inexpensive equipment to publish to
a wide audience.
• The Internet has introduced a new
form of speech in the form of
electronic speech.
• As a medium of communication, the
Internet allows access to information
that reflects the depth and breadth of
human speech.

4. In Malaysia, the right
to free speech and
expression is provided
in the Constitution. For
example, Art 10(1)(a)
of the Federal
Constitution states:
‘Every citizen has the
right to freedom of
speech and
expression’.
This article examines
the issue of limitations
that might be imposed
on free speech in
cyberspace and
whether such
limitations could be
justified in a
democratic
environment
especially if you
believe that there is an
inherent value in truth.

5. SUMMARY
Article 10(1)(a) of the Federal Constitution
states that every citizen has the right to freedom of speech
and expression.
Parliament may under the Article 10(2) by law impose
restrictions on these rights of freedom of speech and
expression , assembly and association.
For examples, Security of the federation or any part thereof,
restriction of friendly relations with other countries , public
order or morality and restrictions designed to protect the
privileges of Parliament or any Legislative Assembly or
provide against contempt of court, defamation or
incitement to any offence.

6. 1) Security of the federation or any part thereof
if someone for example uses the Internet encouraging
provocative discussions, the government or the
authority would use or resort to national security laws
like the Internal Security Act 1960 or even the Sedition
Ac 1948.
2) Restriction on friendly relations with other countries
-There is no specific law to regulate free speech on this
ground but administrative guidelines do exist.
3) Restriction made on the ground of public order
-the authority would not allow the internet to be used as
a tool of communication in disturbing public order
- Refer to case Dato Rais Yatim.

7. 4) Privileges of Parliament or any legislative assembly
• in Malaysia, one’s freedom of speech could be restricted if it
were to involve the privileges of Parliament or any state
legislative assembly
5) Contempt of court
• any Information that is published on the internet that might be
construed as interfering with the administration of justice can be
held as guilty for contempt of court
6) Defamation
• the definition of speech covers every form of communication in
whatever form, written or symbolic. thus, any defamatory
material, made in words and images can be concluded as
defamation.

8. 7) Incitement to commit any offence
• it would be unjust if the effect of delivering a speech is
differentiate through the way it was convey/present, even
when it delivers the same message.
8) Sensitive Matters
• art 10(4) provides that Parliament may pass laws prohibiting
the question of four politically sensitive matters. Thus, in
Malaysia, the Internet could not be used as a communication
tool to address or touch on the four issues.
9) Prior Restraints
• prior restraints are made in the form of license and permit
requirements from the executive. prior restraints on
freedom of speech it is not all that easy with the Internet
except in very limited and controlled circumstances.

9. SOME CHALLENGES TO THE RESTRICTIONS
IMPOSED ON FREEDOM OF SPEECH AND
EXPRESSION: A CASE OF INTERNET SPEECH
1)insufficiency of art 10(2)(a)
The reasonableness of legislation is for
Parliament and not the courts to decide
which stated that the Parliament is to enact
‘such restrictions as it deems necessary or
expedient,’.
2) insufficiency of the traditional
law to cover some aspects in
electronic speech

10. 3) prior restraint
it could hardly be successfully carried
out as the robust nature of the
internet
4) s 3(3) of the Communications and Multimedia Act 1998
• promises made by the government in order to open up
the MSC to foreign investors was to say no to censorship
on the Internet.
• the current trend of events and the war on cyberspace,
intense scrutiny has been placed on the Malaysian
government’s commitment not to censor the Internet

14. ANALYSIS
• Other provisions or specific Act need to be imposed
in controlling the right to freedom of speech among
citizens.
Eg : Sedition Act 1948
• The legislature need to review the Article 10 itself
whether it covers the Internet speech as well.
• Rules and regulations in monitoring the use of
Internet need to be done by the authorities
especially regarding the Social Networking System.
Eg : Facebook, blog

15. • Besides these restrictions are not
violating Federal Constitution since
Art 149 given the rights for parliament
to make laws that violates article 5, 9,
10 and 13 of the Federal Constitution
for the welfare of public at large.
• People CANNOT be given absolute
power in speech even on electronic
speech.

16. CONCLUSION
The Internet has introduced a new medium of
communication and has greatly expanded the use of
computer code as a form of speech.
The regulation must be drafted as narrowly as
possible in order to give restriction on speech that is
not necessary to further the government’s legitimate
interest.
Perhaps we need to look into other
mechanisms as well such as educating the public
about the usage of the Internet since it fosters
freedom of speech while facilitating abuse of free
speech.