Freedom of Speech and Expression in Malaysia: A Constitutional Perspective

Freedom of speech and expression is a fundamental right that forms the cornerstone of a free
society. In Malaysia, this right is protected under Article 10 of the Federal Constitution. However, it is
important to understand the limitations and restrictions imposed on this right. The focus is on
providing an overview of the protection and limitations concerning freedom of speech and
expression in Malaysia, as specified in the Federal Constitution.

Protection under the Federal Constitution:

Article 10 of the Federal Constitution guarantees the right to freedom of speech and expression for
Malaysian citizens. It allows individuals to freely express their opinions and ideas. However, this right
is not absolute and can be subject to certain restrictions. These restrictions include considerations of
national security, public order, morality, parliamentary privileges, and contempt of court. The
Constitution also recognizes the importance of maintaining social harmony and religious sensitivity in
a diverse society like Malaysia.

Restrictions on Freedom of Speech and Expression:

Several laws in Malaysia impose restrictions on freedom of speech and expression. The
Communications and Multimedia Act (CMA) and the Sedition Act have been criticized for their
potential to curtail freedom of speech beyond what is necessary and proportionate. These laws,
along with the Penal Code and the Printing and Publishing Act, are used to control and regulate
expression and curtail freedom of the press. The Malaysian Human Rights Commission (Suhakam)
has raised concerns about the use of these laws to restrict freedom of speech and expression.

Challenges and Recommendations:

The rise of social media has presented new challenges to freedom of speech and expression. The
government faces the task of finding a balance between regulating expression and ensuring freedom
of speech. The need for self-discipline and responsible sharing of information is emphasized by the
Communications and Multimedia Content Forum of Malaysia (CMCF). Clear laws and guidelines are
necessary to protect freedom of speech and expression while safeguarding public safety and well-
being.

Freedom of speech and expression in Malaysia is protected under the Federal Constitution, but it is
not absolute. The Constitution allows for restrictions on this right for reasons such as national
security, public order, and morality. However, concerns have been raised about the use of certain
laws to curtail freedom of speech beyond what is necessary. It is crucial for the government to
ensure that restrictions on freedom of expression are necessary, proportionate, and in line with
international human rights standards. The promotion of free and independent media is essential for
a fully functioning democracy and the realization of the right to freedom of opinion and expression.
Reference:

[1]https://ejournal.um.edu.my/index.php/SARJANA/article/download/36892/14772/92008
[2]https://www.refworld.org/docid/3ae6b5e40.html#:~:text=Article%2010.&text=(a)every%20citizen
%20has%20the,the%20right%20to%20form%20associations.