CASE STUDY
SUHAKAM advice on freedom of expression
In Malaysia, Article 10(1) (a) of the Federal Constitution guarantees to all
citizens the right of freedom of speech and expression. However, a number of
laws have restrictive effects on the media. The most significant is the Printing
Presses and Publications Act 1984, which prohibits the possession or use of a
printing press without a license granted pursuant to the Act. Licenses granted
under the Act were only valid for a period of 12 months or less, requiring the
media to apply for a renewal of their licenses prior to expiration of the license.
Other laws effectively restricting media freedom in Malaysia include the
Sedition Act 1948, the Defamation Act 1957, the Internal Security Act 1960
and the Official Secrets Act 1972. These Acts have created a culture of fear
among journalists to the detriment of transparent reporting of issues of public
interest. There have also been allegations of unwarranted and excessive use of power by the authorities,
forcing journalists to reveal anonymous sources through the seizure of laptops or by invoking the
Security Offences (Special Measures) Act 2012 (SOSMA) against the journalist or media agency
involved.
SUHAKAM has continuously engaged with members of the mainstream and alternative media
and government officials, in forums and workshops, not only to overcome the factors impeding
media freedom in Malaysia but also to cultivate coherent and universally acceptable media
practices. Consequently, SUHAKAM has made several recommendations to the Government,
including:
• establishing a National Media Consultative Council as a self-regulation body to be managed
by media practitioners
• authorising the Press Council to regulate and protect journalists, protect public interest,
define freedom of expression, discipline journalists and provide an avenue for public
complaints
• repealing the Printing Presses and Publications Act 1984 (Act 301)
• enacting a Freedom of Information Act to foster administration that is less secretive and
more open
• funding the media community to be more independent.
Over the years, freedom of expression has seen a number of progressive reforms at least in part
as a result of SUHAKAM’s advice, including:
• amendments to the Printing Presses and Publications Act 1984 to remove the Minister’s
absolute discretion over the issuance of licenses or permits and also the requirement for
these licenses or permits to be renewed annually, instead allowing such licenses or permits
to subsist until revoked
• the proposed repeal of the Sedition Act 1948, which is to be replaced with the National
Harmony Act
• the new Racial and Religious Hate Crime Bill, clause 7 of which is aimed to strike a balance
between freedom of expression and hate crimes
• the repeal of the Internal Security Act 1960 in 2011 under major civil liberty reforms and its
replacement by the Security Offences (Special Measures) Act 2012.213
Currently, SUHAKAM is facilitating the establishment of an interim committee on the drafting of
the Code of Media Ethics, comprising senior media practitioners in Malaysia. The proposed code
of ethics aims to promote a greater degree of fairness, accuracy, impartiality and accountability
in reporting. It recognises that the media require independence from political interests and
ownership and are obliged to provide fair information obtained through ethical means. P107