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