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Freedom Of Speech Analysis

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Right to freedom of speech, expression or association is basically one of the aspect of liberty while on the other hand the restrictions are the security of the state and these two, liberty and the restrictions are antagonistic in the pure form . As the foundations of law and government of the country, the constitution tries to strike a balance between liberty and restrictions but apparently it is not an easy job. The court’s attitude towards unpleasant, disturbing and outrageous ideas may not please everyone and not everyone will agree to it and also no one doubt that freedom of speech or expression views as one of the foundations of a democratic society . Even though not everyone will agree …show more content…

However, this right is not absolute in nature because in Article 10(2) and (4) of the Federal Constitution allows Parliament to execute limits because of several reasons such as national security, public order or morality and many more. Article 10(2) of Federal Constitution clearly allowed Parliament to enforce restrictions on any citizen 's freedom of speech, assembly and association because of the security of the Federation, friendly relations with other countries, public order, morality, to protect the privileges of Parliament and lastly to provide against contempt of court, defamation, or incitement to any offence.

There are also several Act which limit the freedom of speech of the citizens. Under the Public Order (Preservation) Act 1958, for a period more than a month, any area where public order is seriously disturbed will be temporarily declare by minister as “proclaimed area”. Under this act, the police has absolute powers to maintain public order in proclaimed areas. Including the power to impose curfews, erect barriers, close roads, and meetings or assemblies of five persons or …show more content…

Furthermore, The Sedition Act 1948 makes it an offence to involve in acts with a "seditious tendency", but not limited to the spoken word and publications. The jurist has been commonly commented about The Sedition Act on freedom of speech or expression. Justice Raja Azlan Shah stated that: "The right to free speech ceases at the point where it comes within the mischief of the Sedition Act."

In the case of Chai Choon Hon v. Ketua Polis Daerah, Kampar and Government of Malaysia (1986). In this case, on August 3rd 1984, Chai Choon Hon, the Secretary of the Kampong Baru of Democratic Action Party (DAP) applied for a license to hold a DAP unity dinner and lion dance in public space. His application was accepted but added with seven restrictions and two out of seven in the restrictions, he found to be highly problematic. The first condition was that the number of speakers at the event must not more than seven. The second condition was that the speeches is not about political

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