THE government must take the bold step of reviewing the repressive and archaic laws that that have existed in our country for a long time.

According to an Amnesty International report, Malaysia continues to used restrictive laws to curtail freedom of expression and assembly. The report also highlights the shrinking space for freedom of expression in Malaysia, with increased censorship, harassment, and restrictions on peaceful assembly.  

““What has been deeply disappointing is that the government has failed to fulfil its commitments to reform laws that restrict the right to freedom of expression as it had committed to do in its pre-election manifesto. Completely backtracking on its commitment, the government has instead continued to use these laws to silence critical voices and prevent peaceful protest”, it said.

A government that says it is “reform-minded” will need to be honest about how laws have been used to stifle expression and political participation. It must have the integrity to fulfil its commitments to repealing draconian laws such as the Sedition Act 1948. Our country must no longer use laws that have grown irrelevant, such as the sedition act which the government should amend or repeal entirely.

There have been many changes in the country political and administrative landscape since the last two general elections. Voters demand more freedom of speech and expression as guaranteed in the Federal Constitution, the highest law of the land. People should be permitted to speak and express their critical views and ideas without fear of being investigated, arrested and prosecuted by the authorities. This is crucial for the country to progress and become a global player. This will be hard to achieve if we are still enforcing laws that restrict our ability to speak and express our thoughts and ideas. 

Sedition Act 1948 was introduced by the British in 1948, the same year the autonomous Federation of Malaya came into existence, with the intention to tackle the problems of the time, particularly the Communist insurgency. There have been several efforts to review the law in the past, but this law is still in use today. 

At the same time, it is important to remember that freedom of speech and expression must be cherished and respected at all times. What is freedom of speech and expression? Freedom of speech and expression is a principle that supports the freedom of an individual or a community to express their opinions and ideas without fear of retaliation, censorship, or legal action. 

Freedom of speech and expression is a basic human right as clearly stipulated in Article 19 of the Universal Declaration of Human Rights 1948 (UDHR). It is recognised as law in the International Covenant on Civil and Political Rights 1966. Article 19 of the UDHR 1948 states that “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers”. Freedom of speech and expression is also protected under our Federal Constitution, in which Article 10 (1)(a) states that “Every citizen has the right to freedom of speech and expression”.

People in power must not keep certain laws or create new laws to discourage people from thinking and speaking freely. People should be encouraged to speak as well as to express their critical views and ideas. Differences in views and ideas should be resolved in an appropriate manner, by way of discussions and debates and not through arrest and prosecution. – April 26, 2024. 

* Muzaffar Syah Mallow reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.