Freedom of expression must not be denied or suppressed, including through laws — Don

The government can consider either amending or repealing the Sedition Act 1948, which restricts the individual’s right to express themselves, opines an academician.

Universiti Sains Islam Malaysia’s Faculty of Syariah and Law associate professor Dr Muzaffar Syah Mallow believes that people should be allowed to speak and express their critical views and ideas without having the fear of being investigated, arrested and prosecuted by the authorities.

“Having the ability to speak and express our opinion is very crucial if we want to see the country progress and become part of the global player,” he said in a statement yesterday.

According to the professor, the Sedition Act 1948 was introduced by the British in 1948 when the Federation of Malaya came into existence, with the intention of tackling all the problems and arising issues occurred during that period.

In this regard, he observed that several efforts had been undertaken to review this particular law, which has remained in force until today.

“Freedom of speech is part of the basic human rights stipulated under Article 19 of the Universal Declaration of Human Rights 1948 (UDHR) and recognised in the International Covenant on Civil and Political Rights 1966 (ICCPR).

“Such freedom should not be denied or suppressed by anyone, including through laws and legal prosecutions. Freedom of speech 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 facing legal action.”

The academician further pointed out that freedom of speech ‘is guaranteed under Article 10(1)(a) of the Federal Constitution, which states that every citizen has the right to freedom of speech and expression’.

“This clearly shows that freedom of speech exists and is legally protected by both the international convention and our own country’s constitution. Nobody should be denied their freedom of speech.”

Muzaffar said those in power should not use the archaic law or create a new one to discourage people from expressing their views, believing that differences in opinions should be resolved through appropriate manner such as way of discussions and debates, and not through legal action. As such, he said it was high time for the Sedition Act 1948 to be amended or repealed after 70 years of enforcement.

“The government can consider enacting a new act or legislation that can protect people’s basic freedom of speech and at the same time, having the ability to protect the safety of our nation from malicious or hatred speeches,” he added.