Freedom of Speech, Assembly and Association
ARTICLE 10 – FREEDOM OF SPEECH, ASSEMBLY AND ASSOCIATION
♠ Under Article 10 of the Federal Constitution , 3 rights are given ie
o Freedom of speech & expression o Freedom of assembly o Freedom of association
Freedom of speech & expression
♠ Freedom of speech is not absolute because of the need to balance the needs/ interests of the society/ community as a whole.
Case of PP v Ooi Kee Saik (1971) per Raja Azlan Shah J,
“ There cannot be such a thing as absolute or uncontrolled liberty wholly free from restraint; for that would lead to anarchy and disorder. The possession and enjoyment of all rights are subject to such reasonable conditions as may be deemed to be ….. essential to the safety, health, peace and general order and morals of the community. What the Constitution attempts to do in declaring the rights of the people is to strike a balance between liberty and social control.” ♠ Article 10(1)(a) – right to freedom of speech & expression, includes oral communication, written communication, signs, symbols, art work, sculptures, music, lyrics, videos, photos, magazines, newspapers. Could also include “symbolic speech”. ♠ Does it also include the right to have information?
♠ The right to freedom of speech is given to citizens, both natural and legal persons (if incorporated or established in Malaysia)
♠ Non citizens do not have the right to freedom of speech. Therefore it is not unconstitutional to prohibit or restrict foreign publication under Printing Presses and Publication Act 1984.
♠ Limitations/ Restrictions imposed on freedom of speech and expression under the Federal Constitution:-
• Under Article 10(2)(a) – 8 grounds o Security of the Federation or any part thereof.
Official Secrets Act 1972, Internal Security Act 1960, Printing Presses and Publication Act 1984
o Friendly relations with other countries
o
♠ Under Article 10 of the Federal Constitution , 3 rights are given ie
o Freedom of speech & expression o Freedom of assembly o Freedom of association
Freedom of speech & expression
♠ Freedom of speech is not absolute because of the need to balance the needs/ interests of the society/ community as a whole.
Case of PP v Ooi Kee Saik (1971) per Raja Azlan Shah J,
“ There cannot be such a thing as absolute or uncontrolled liberty wholly free from restraint; for that would lead to anarchy and disorder. The possession and enjoyment of all rights are subject to such reasonable conditions as may be deemed to be ….. essential to the safety, health, peace and general order and morals of the community. What the Constitution attempts to do in declaring the rights of the people is to strike a balance between liberty and social control.” ♠ Article 10(1)(a) – right to freedom of speech & expression, includes oral communication, written communication, signs, symbols, art work, sculptures, music, lyrics, videos, photos, magazines, newspapers. Could also include “symbolic speech”. ♠ Does it also include the right to have information?
♠ The right to freedom of speech is given to citizens, both natural and legal persons (if incorporated or established in Malaysia)
♠ Non citizens do not have the right to freedom of speech. Therefore it is not unconstitutional to prohibit or restrict foreign publication under Printing Presses and Publication Act 1984.
♠ Limitations/ Restrictions imposed on freedom of speech and expression under the Federal Constitution:-
• Under Article 10(2)(a) – 8 grounds o Security of the Federation or any part thereof.
Official Secrets Act 1972, Internal Security Act 1960, Printing Presses and Publication Act 1984
o Friendly relations with other countries
o