REPRESSIVE LAWS ON FREEDOM OF EXPRESSION

Freedom of expression is essential to ensure democracy and the free exchange of ideas that allow society to thrive. Article 10 of the Federal Constitution of Malaysia provides for the right to freedom of speech and expression for all citizens. Despite this, the Perikatan Nasional Coalition, the ruling party in Malaysia, continues to violate this right by imposing draconian censorship measures and laws which prevent any criticism of the government, with any opposition questioned by the police. The government has used laws, including the Penal Code, the Communications and Multimedia Act, the Sedition Act and the Printing Presses and Publication Act to repress freedom of speech. 

The Penal Code criminalises speech that infringes “public tranquillity” and also speech that is damaging to a person’s reputation. The government also uses the Printing Presses and Publications Act to silence the press through limiting the number of newspaper outlets and removing ones that are critical of the government or report on what the government deems “corruption”. The Communications and Multimedia Act serves a similar purpose, empowering the removal of websites that report on “corruption” and the prosecution of those who are critical of the government on social media. 

CENSORSHIP PRIOR TO THE NEW COALITION GOVERNMENT OF 2020

Although the country has long repressed freedom of expression, Malaysia’s totalitarian-like regime was in some ways beginning to relax prior to the formation of the new coalition government in March of this year. Prime Minister Razak, who also headed the previous government, rescinded the International Security Act and had made promises to repeal the Sedition Act, which prevents people from expressing opinions that are deemed to be “seditious” or to show “hatred” or “disaffection” of the government. However, much to the country’s dismay, he retracted this view in 2015, proposing rather to strengthen the Sedition Act, including a clause to protect the Islamic faith from religious or racial opposition. The state has since used the law to arrest alleged offenders for being critical of the monarchy. In 2015alone, approximately 91 people were “charged, arrested or investigated for Sedition”. This five-time increase from the use of the law in its first 50 years illustrates the recent intensification of censorship.

Linda Lakhdir, a lawyer in Malaysia, expressed that “it is outrageous that Malaysia’s self-described ‘reformist’ government seems intent on jailing people under the justly maligned Sedition Act. The government should impose a moratorium on this long abused law until it can be repealed,” demonstrating the sense of oppression felt by people.

INTENSIFICATION OF REPRESSION SINCE THE COALITION 

Since the creation of the new coalition in March 2020, it appears that the country has continued the trend of increased oppression. Tashny Sukumaran was interrogated by the police recently after reporting on migrants being arrested to prevent the spread of COVID-19. The government viewed her article as exposing it and informing the public in a way that could shine a negative light on the government. On 8 May 2020, a businessman was charged under the Communications and Multimedia Act and the Penal Code for condemning the government’s prosecution of citizens who had violated movement restrictions put in place due to the COVID-19. He was deemed to have violated the section of the Penal Code that criminalises the causing of “fear or alarm to the public,” which would encourage others to revolt against the regime. 

As this oppression continues, it begs the question, if Malaysia is a so-called reformist country, why does it exercise such intense censorship of thought? Despite the country’s constitutional protections, it is clear that the excessive use of legislation to inhibit freedom of expression in Malaysia violates this right. These laws must be reviewed and amended to bring them in line with international human rights standards, and Malaysia's own constitution, and to prevent the violation with impunity of the right to freedom of expression in Malaysia. 

Isobel is a First Year Law Student at the University of Leeds who is particularly interested in Human Rights Law and its development in today’s society.

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