AUGUST 28 — Laws on freedom of expression have a chance for revision under a new government. Free speech faces a paradox in Malaysia. Despite the guarantees contained in Article...
Finding a balance
The courts have viewed legislation restricting Article 10 as constitutional on the grounds that there is minimal jurisdiction to review the constitutionality of the legislation. The omission of the word ‘reasonable’ in Clause 2 of Article 10, permitting legislative restrictions to free speech and expression, is one basis for the courts’ position.
International norms protect the right to hold opinions without interference and the right to freedom of expression, but they allow for restrictions on the condition they are imposed by law and necessary for ‘respect of the rights or reputations of others’ or for ‘protection of national security or of public order, or of public health or morals’.
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