Freedom Of Speech
Freedom Of Speech, Assembly And Association
Article 10 of the Constitution of Malaysia guarantees Malaysian citizens the right to freedom of speech, freedom of assembly and freedom of association but such freedom and rights are not absolute, unlike the First Amendment in the United States Constitution.
Subject to Clauses (2), (3) and (4), under Article10 all citizens have the right to:-
freedom of speech and expression; assemble peaceably and without arms; form associations.
Experts such Professor Dr. Shad Saleem Faruqi have argued that the Malaysian Federal Constitution provides a rather weak provision for freedom of speech primarily as a result of amendments following the May 1969 clashes, known as the Sensitive Matters Amendment to allow Parliament to “impose on the above right, restrictions on eight grounds – public order, national security, incitement and offence, friendly relations with other states, contempt of court, contempt of Parliament, defamation, morality”.
CONSTITUTIONAL RESTRICTIONS
Clause (2) expressly permits Parliament by law to impose restrictions on any citizen's freedom of speech, assembly and association in the interest of:-
a) the security of the Federation;
b) friendly relations with other countries;
c) public order;
d) morality;
e) to protect the privileges of Parliament; and
f) to provide against contempt of court, defamation, or incitement to any offence.
Restrictions on the right to form associations may also be imposed by any law relating to labour or education (Clause (1)(c)).
Article 10 (4) states that Parliament may pass law prohibiting the questioning of any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of Part III, Article 152, Article 153 or Article 181 in the interest of the security of the Federation or public order under Clause (2)(a).
REGULATIONS
Several acts of law regulate the freedoms granted by Article 10, such as the Official
Article 10 of the Constitution of Malaysia guarantees Malaysian citizens the right to freedom of speech, freedom of assembly and freedom of association but such freedom and rights are not absolute, unlike the First Amendment in the United States Constitution.
Subject to Clauses (2), (3) and (4), under Article10 all citizens have the right to:-
freedom of speech and expression; assemble peaceably and without arms; form associations.
Experts such Professor Dr. Shad Saleem Faruqi have argued that the Malaysian Federal Constitution provides a rather weak provision for freedom of speech primarily as a result of amendments following the May 1969 clashes, known as the Sensitive Matters Amendment to allow Parliament to “impose on the above right, restrictions on eight grounds – public order, national security, incitement and offence, friendly relations with other states, contempt of court, contempt of Parliament, defamation, morality”.
CONSTITUTIONAL RESTRICTIONS
Clause (2) expressly permits Parliament by law to impose restrictions on any citizen's freedom of speech, assembly and association in the interest of:-
a) the security of the Federation;
b) friendly relations with other countries;
c) public order;
d) morality;
e) to protect the privileges of Parliament; and
f) to provide against contempt of court, defamation, or incitement to any offence.
Restrictions on the right to form associations may also be imposed by any law relating to labour or education (Clause (1)(c)).
Article 10 (4) states that Parliament may pass law prohibiting the questioning of any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of Part III, Article 152, Article 153 or Article 181 in the interest of the security of the Federation or public order under Clause (2)(a).
REGULATIONS
Several acts of law regulate the freedoms granted by Article 10, such as the Official