Freedom of Speech and Ethics in Malaysia

            As we Malaysians know, Malaysia is a country that exercises democracy. But what many of us don’t know is what does democracy actually means. Democracy, according to Shad Saleem Faruqi in his book Document of Destiny, requires participation of people in the electoral exercise of choosing leaders. Besides that, democracy also permits people to have a say in the policies and decisions that will eventually affect their lives. Other than that, democracy also requires them (the public) to have a lively and informed interest in the process of the government. In other words, democracy is a term that promotes the freedom of speech.

            However, if we were to talk about freedom of speech, we have to look at it at a wider and broader scope. Because even in religion, in Islam specifically; we must never be extreme in any cases. We would then be labeled as extremists and terrorist; just what has been labeled to the Jemaah Islamiah (J.I) who expressed their feelings of injustice in an inappropriate manner. That is why, in freedom of speech, we would have to have limitations; morally and ethically.

            The term “ethics” means “something that is morally right and wrong”. It is when we speak unethically, when we act unethically; brings harm. For example, the drawing of Prophet Muhammad and the burning of the Holy Quran. Legislatively, according to Article 19 of the Universal Declaration of Human Rights, they have the right to do so, based on their interpretation of the freedom of speech. However, ethics wise, they bring anger among the Muslims all over the world.

            Ethics is also the reason for the enactment of the Law of Sedition by the British in 1948 which is then amended after the racial riots of 1969. It is to ensure that racial sensitivities will not again be provoked by the operation of normal democratic progress.

            According to Shad Saleem Faruqi in his book Document of Destiny, Section 2 and 3(1) of the Act state that any act, speech, words, or publications are seditious if they have a tendency towards any of the following:

·         To bring hatred or contempt or to excite disaffection against any Ruler or government.

·         To excite subjects to seek alteration other than by lawful means of any matter by law established.

·         To bring hatred or contempt the administration of justice in the country.

·         To raise discontent or disaffection among the subjects.

·         To promote ill-will and hostility between races or classes.

·         To question the provisions dealing with language, citizenship, the special privileges of the Malays and the natives of Sabah and Sarawak and the sovereignty of the Rulers.

To some of us Malaysians, when they find out about the Law of Sedition, they would go and say “Hey, if Malaysia have the Sedition Act, where exactly is the freedom of speech? Isn’t Malaysia a democratic country? Can’t we just say whatever we like?”

                  The answer is actually a simple one. You can say whatever you want to say but please be ethical. In this matter, ethical means respect. Respect the constitution, respect other races, respect other classes, respect other parties, and most of all, respect each other.

                  “How exactly do we do that?”

                 Simple. In section 3(2)(a) of the Sedition Act itself, says that a speech is not seditious if its tendency is only to show that any Ruler has been misled or mistaken in any of his measures. Section 3(2)(b) states that a speech is not seditious if its tendency is to point out errors or defects in the implementation or administration of government policies with a view to remedying the errors or defects.

                 Therefore, what we can conclude here is that freedom of speech and ethics must go hand in hand in preserving order and harmony in Malaysia and all over the world


 

This Guy Has A Point

Credits go to http://www.youtube.com/watch?v=SoDdYnPd9TE

The Power of Media in Nation Building.

     “Media”, according to the Oxford dictionary, is the means of mass communication (television, radio, newspapers, magazine etc.) regarded collectively. From this single definition, it is safe to say that media is a means of “transportation” to carry information, from a particular source, to the mass public. This information can be about anything. It could be really important news like the riot in Egypt, or not so important ones like a celebrity clipping the nails of his girlfriend. But whatever it is, the role of the media is clear – to tell.

     How powerful the media really is? Is it just to tell people what had happened in the past and present? Is media really a mere entertainment? No. Media is so powerful that the rise and fall of a nation depends on it. Every single powerhouse depends on the media. They would not be where they are right now if not because of the media. The media has a direct impact on the lives of people. This is concurrent with the “hypodermic needle theory”, more widely known as the “magic bullet theory” that states that media has a direct, immediate and powerful effect on its audiences. Hitler monopolized the mass media during World War II to unify the German public behind the Nazi party. Yes. Media is that powerful.

     Malaysia is not an exception when it comes to the role of media in the development of it. Back in the days, when Malaysia was still invaded by the Japanese, and even before that, Media has already started playing its role. The method may be different from what we see these days. There were neither radios nor television when Malaysia was in the golden era, when Malaysia was still known as Tanah Melayu and under the Malacca Sultanate. So how do the Sultans, back in the days, rule the people? How do the people know of what is right and wrong, and what the Sultan demands of them? Simple. The Sultans send out men to read out their orders to the public, same like what we have seen in the P. Ramlee movie, Nujum Pak Belalang. That is in a way, a kind of media, only in a different form.

     During the Japanese invasion of Tanah Melayu, the people used newspapers, flyers and radios to spread out information, to call for a meeting, and ultimately rise against the Japanese. The Japanese saw the power of these media and raided houses to confiscate radios, worried that the people might use it against them. The people at that time may have lost many battles against the Japanese, but at least they tried. What matters is that the power of the media is proven, and is feared even by the mighty Japanese army.

After the invasions have ended, again we can see the role of the media in the live telecast of the declaration of independence by our late Prime Minister Tunku Abdul Rahman Putra Al-Haj. Wherever the citizens of Malaysia were during the declaration, they were able to catch the live telecast of the declaration, and there were also announcements made in the local newspapers regarding the declaration.

     In the present, the role of the media can be seen throughout everything – from advertisements encouraging tourism in Malaysia, education, sports, politics, entertainment and so much more. even the 1Malaysia campaign is nothing if it were not because of the media. The current Prime Minister of Malaysia, Dato' Sri Haji Mohd. Najib bin Tun Haji Abdul Razak also depend on the power of the media to bring this multiracial country to a unity via the 1Malaysia campaign. If it were not because of the media, he would be going through so much trouble travelling here and there in the effort of spreading his words.

     The media has evolved from prints and televisions, to the widespread use of the internet. And as the saying goes “with great power comes great responsibility”; this so called power of the media is sometimes misused by the public. Propagandas were spread on the internet via blogs and social networks. Libel and defamation are now common terms that we can hear in our everyday life. Rumors spread like mushrooms do after the rain has come. Even great thinkers have their hands full just thinking of a way on how to explain and counteract the rumors that have spread. Just like the “magic bullet theory” explains, the media has a direct, immediate, and powerful effect on its audiences. There are no more “two sides” of a story. One single story can be heard in numerous versions – some say this, some say that, but not a single one can be confirmed.

     We learn from our mistakes like a Malay saying that goes “sudah terhantuk baru terngadah”. The government slowly tries to find a suitable solution to the libel and defamation problems. The Malaysian Communication and Multimedia Commission is an example of the steps that the Malaysian government has taken to curb problems that are caused by the media. In other words, these problems – libel, defamation, sedition – also contributes to the nation building, by enacting laws and regulations, making sure that there will be less loopholes in the Malaysian media law.

     The media and the sum of its parts clearly have so much power – powerful enough both to build and destroy a nation. It has now become the vein of communication, transporting the blood vessels of information from the heart (source) to other parts of the body (audience). Malaysia would not be where it is now if it is not because of the media; and you will not be reading this article if it is not because of the media.