Professional Documents
Culture Documents
0 Introduction
Freedom of speech is a concept regarding human right to speak out their opinion publicly
without fear of punishment. In Malaysia,we have our federal constitution which is
beautifully drafted by the Reid commission,a body of well-known jurist from
Commonwealth of Nation.In the report the Commission recommended that the
Constitution protect certain fundamental individual rights which are as essential
conditions for a free and democratic way of life.Article 10 of Federal Constitution of
Malaysia guarantee Malaysia citizens the freedom of speech,freedom of assemble and
freedom of association.In reality,Malaysia citizens experience the limitation of their
freedom to express based on discretion of the government and the security institution.The
restriction is basically to maintain the racial harmony and the public order.1
Center for Independent Journalisms.Freedom of Expression-Article 10 of Federal Constitution. 24th Sept 2010
2.1 History
2.1.1 Drafting
At the historical view,the Reid commission felt that the light of vague apprehension in the
future should be provided some constitutional safeguard for the rights and the courts was
given power to enforcing the right.During the first draft,the content is more or less the
same with the final constitution.However,the draft first clause differed in one important
respect: Every citizen shall have the right to freedom of speech and expression,subject to
any reasonable restriction imposed by the federal law in the interest of the security of the
federation,friendly relations with other countries,public order or morality or in relation to
contempt of court,defamation or incitement to any offence 2 The justice Abdul Hamid
from Pakistan,one of the member in Reid commission strongly dissent the view which
final included in the report,he objected the inclusion of the word reasonable by stating
the word Reasonable will bring a lot of confusion and the court may be challenge that
the restriction imposed by the legislature was not reasonable. In order to avoid this
situation,the legislature should be the judge of reasonableness of the restriction.3
2.1.2 Final Verson
The committee established by autonomous Federations government adapted nearly all
Hamids suggestion ,thereby eliminating the possibility of judicial review concerning of
reasonableness of laws which infringe of the rights granted by Article 10. The Chairman
of the Reid Commission Sir Lord William Reid said that: ...a greater part of the changes
have been in the direction giving more freedom to the executive and Parliament of
Malaya and corresponding less extensive guarantees of individual rights that we had
recommended. I cannot speak for my colleague but speaking for myself I am not
dismayed at the changes which have been made.4
Yatim,Rais.Freedom under executive power in Malaysia:A study of executive supremacy p.77 Endowment Publication
ISBN-983-99983-0-4
3
Yatim.p64-65
4
Yatim,P.68
10
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