FREEDOM OF EXPRESSION IN THE

INTERNET

– MALAYSIAN EXPERIENCE –

ADVISORY DIVISION
ATTORNEY GENERAL’S CHAMBERS
2008
 FREEDOM OF EXPRESSION IN THE INTERNET
- Malaysian Experience -
FREEDOM OF EXPRESSION IN THE INTERNET
- Mala―A Federal Constitution defines and guarantees the rights of the
Federation and the States: it is usual and in our opinion right that it
should also define and guarantee certain fundamental and individual
rights which are generally regarded as essential conditions for a free
and democratic way of life.‖1

INTRODUCTION

Freedom of speech and expression is an essential aspect of a democratic

country. This right is provided in Article 10(1) (a) of Malaysia’s Federal Constitution -

“Article 10. Freedom of Speech, Assembly and Association

(1) Subject to Clauses (2), (3) and (4)—
(a) every citizen has the right to freedom of speech and
expression;
(b) all citizens have the right to assemble peaceably and
without arms;
(c) all citizens have the right to form associations.‖

However the exercise of such right is subject to the restrictions imposed by

the Government which are deemed necessary or expedient in the interests of
security, public order and morality as Malaysia is a multi-racial and multi-religious
country.

The constitutional limitations imposed on the freedom of speech and

expression are provided in clauses (2), (3) and (4) of Article 10 –

1
Report of the Federation of Malaya Constitutional Commission 1957, at paragraph 161, pg. 70

2
 “Article 10. Freedom of Speech, Assembly and Association
(1) ……
(2) Parliament may by law impose—
(a) on the rights conferred by paragraph (a) of Clause (1), such
restrictions as it deems necessary or expedient in the interest of
the security of the Federation or any part thereof, friendly
relations with other countries, public order or morality and
restrictions designed to protect the privileges of Parliament or of
any Legislative Assembly or to provide against contempt of
court, defamation, or incitement to any offence;
(b) on the right conferred by paragraph (b) of Clause (1), such
restrictions as it deems necessary or expedient in the interest of
the security of the Federation or any part thereof or public order;
(c) on the right conferred by paragraph (c) of Clause (1), such
restrictions as it deems necessary or expedient in the interest of
the security of the Federation or any part thereof, public order or
morality.
(3) Restrictions on the right to form associations conferred by paragraph
(c) of Clause (1) may also be imposed by any law relating to labour or
education.
(4) In imposing restrictions in the interest of the security of the Federation
or any part thereof or public order under Clause (2) (a), Parliament may
pass law prohibiting the questioning of any matter, right, status,
position, privilege, sovereignty or prerogative established or protected
by the provisions of Part III, Article 152,153 or 181 otherwise than in
relation to the implementation thereof as may be specified in such law.‖

The right to freedom of speech and expression is exercisable by Malaysians

subject to the laws that may be enacted by Parliament which it deems necessary or
expedient in the interest of the security of the country, to secure friendly relations
with other countries, public order and morality and to protect the privileges of
Parliament or any Legislative Assembly and against contempt of court, defamation

3
and incitement to any offence2. As highlighted by Raja Azlan Shah J (as he then
was) in the case of Public Prosecutor v Ooi Kee Saik3 wherein his Lordship quoted
the passage from A.K. Gopalan v State of Madras AIR [1950] SC 27 with approval:

―there cannot be any such thing as absolute or uncontrolled liberty wholly free
from restraint; for that would lead to anarchy and disorder. The possession
and enjoyment of all rights … are subject to such reasonable conditions as
may be deemed to be … essential to the safety, health, peace and general
order and morals of the community … What the Constitution attempts to do in
declaring the rights of the people is to strike a balance between individual
liberty and social control.‖

This position is further affirmed in the case of Sivarasa Rasiah v Badan

Peguam Malaysia & Anor4 where the Court of Appeal held –

―A close scrutiny of art. 10(1) which begins with ―(1) Subject to cls. (2), (3) and
(4)‖ – clearly reveals that all the rights mentioned therein are not absolute
rights because they are qualified by the clauses mentioned above.‖

INTERNET AS A MEDIUM OF EXPRESSION

It is innate in any human being to express himself either by writing, verbally or

through gestures. In ensuring one’s thoughts and opinion are heard, the right
medium of communication plays a major role. Prior to the digital era, print media
such as newspapers, journals and magazines played a pivotal role in the
dissemination of information and was one of the main tools used by the public to
express their opinions and views. With the introduction of the internet, the people in
Malaysia have discovered an alternative mode to voice out their thoughts. Internet is
now the fastest growing media and tool of information.

2
Clause (2)(a) of Article 10, Federal Constitution of Malaysia
3
[1971] 2 MLJ 108
4
[2006] 1 CLJ 139 at page 155

4
 In Malaysia, the internet became more popular in the 1990’s with the
introduction of the Multimedia Super Corridor (“MSC”). At the beginning, people
used internet more for research purposes as it contained vast information on any
subject. Now internet is used by users to express their thoughts through emails,
chat rooms, websites and blogs as it has the potential of reaching millions of people.
To date, there are 11.76 million internet dial-up subscribers in Malaysia as shown in
the table below5:

Internet Dial-Up Subscriptions

Estimated
Growth Penetration
Year Quarter Total (‘000) number of
Rate (%) rate
users
2006 1 3,692 0.5 13.9 11,076
2 3,729 1.0 14.0 11,187
3 3,751 0.6 14.0 11,253
4 3,764 0.3 14.0 11,292
2007 1 3,791 0.7 14.0 11,373
2 3,862 1.9 14.2 11,586
3 3,910 1.2 14.3 11,730
4 3,920 0.3 14.3 11,760
Forecast
1 14.4
2008

Table 1: Internet Dial-Up Subscriptions

5
Information obtained from Malaysian Communication and Multimedia Commission

5
 Kadar penembusan Internet dial-up
Internet dial-up penetration rate
16
14.00
14 12.70
13.92
12 10.50
11.40
10

8 7.10 8.80

4
1.80 2.90
2

0
1998 1999 2000 2001 2002 2003 2004 2005 2006

* Internet user for every 100 inhabitants has increased since 1998 up to year 2006
Table 2: Internet Dial-Up Penetration Rate

POPULARITY OF THE INTERNET

The increased popularity of internet is due to –

(i) User-friendliness

The recent phenomenal growth of the internet is largely due to the increasing
ease of internet communication. Any person who is familiar with the computer
application windows and the mouse will have no problem in using the internet.
The informality of internet is also another reason why a lot of people,
especially youth, choose internet as the main medium of communication.

(ii) Source of information

The wealth of information available over the internet makes it the popular
choice of reference. There are a number of search engines such as Google,
Yahoo and MSN which are designed to facilitate the process of accelerating
6
 the flow of relevant information in the World Wide Web. These search
engines make finding information very convenient and almost effortless. The
current trend on the internet is blogging where as of April 2008 Technorati, a
blog search engine, is tracking 112.8 million blogs on the internet6. It was
also reported in the media that there are currently 500,000 active bloggers in
Malaysia, placing it the third highest after Europe and Indonesia7.

People resort to blogging for many reasons; there are those who write on
niche topics such as entertainment reviews and politics. However, quite a
number of people use blogs as a narcissistic form of self-expression and self
satisfaction. Hence, the birth of the blog boom, especially among teens all
over the world.

(iii) Anonymity

Virtual interaction preserves anonymity to the highest level. This

characteristic attracts more users to opt for virtual communication in
expressing their opinion because it is as good as absolute freedom of
expression. Hence, the internet has become an effective tool of
communication as people can express themselves without having to reveal
themselves.

(iv) Mainstream media restrictions

The mainstream media, particularly the print media is subject to certain laws
which imposes limitations such as the Printing Presses and Publications Act
1984 [Act 301] which requires newspaper publishers to apply for new permits
annually. The alternative media for information becomes the preference
because internet provides the space for uncensored and unedited information
that are ignored by the mainstream media.

6
http://technorati.com/about/
7
Utusan Malaysia, 2 April 2008
7
(v) Greater level of immediacy and interaction

Internet allows people to express whatever thoughts which come to them at

that moment and communicate their thoughts immediately. However, views
through print media requires a few days before it can be communicated to the
public. If an individual does not like an article in a newspaper, he is not able
to react immediately, unlike the internet where responses can be made
instantly.

IMPACT OF THE INTERNET- MALAYSIAN EXPERIENCE

(i) Impact to the Government machinery

As internet becomes more popular among the public, the internet has been
used as a medium to express their dissatisfaction including criticism to the
Government machinery and services provided by the local authority. Thus,
the Government is persuaded to change its way of working and providing
services to the public. This prompted the Government to set up websites to
enable the public to voice out their grievances and complaints in respect of
public service. For example, the setting up of the website
www.pemudah.gov.my, a public-private initiative which enables private sector
to give suggestions and feedbacks on how the Government can improve its
delivery system and to facilitate the setting up and operation of businesses in
Malaysia.

The Public Complaints Bureau which is the agency responsible to manage

and monitor public complaints has also set up a website i.e. www.bpa.jpm.my
to get feedback from the public. This contributes towards the creation of an
excellent public service.

8
(ii) Impact to politicians and Members of Parliament

Politicians and Members of Parliament are turning to the internet by setting up

and maintaining official or personal websites to reach out the public; to inform
their latest activities, clarify their stand on issues, archive their thoughts and
speeches, and to get public feedback on various subjects. For example, the
former Menteri Besar of Selangor, Dato’ Seri Dr. Mohd Khir Toyo and Tan Sri
Muhammad Mohd Taib, Minister of Rural and Regional Development have
also set up their own blogs to receive comments, suggestions as well as to
express their views on current affairs. Even the Prime Minister has set up his
own website warkahuntukpm.com.my which allows people to communicate
their grievances and suggestions such as price increases and crime directly to
the Prime Minister.

(iii) Impact to individuals

Bloggers on the internet must be responsible and accountable for whatever

information published in their blogs. Any irresponsible blogging can cause the
blogger to be sued for defamation. For example, the High Court ruled in
favour of Dr. Nordin Kardi, the Vice Chancellor (VC) of a university in
Malaysia (Universiti Utara Malaysia), and ordered a famous Malaysian
blogger Raja Petra Kamaruddin to pay a sum of RM4 million to the VC as
general damages for publishing a defamatory article in his website which
tarnished the reputation of the VC8. In another case a local newspaper, the
New Straits Times has filed a suit against a blogger known as Rocky for
defamatory statement published in his blog. This case is still on-going.

(iv) Impact to the general public

(a) The widespread availability of pornography on the internet has stirred

up a “moral panic” shared by the Government, law enforcement bodies
along with the media in general. The culture and moral values of

8
http://www.laweddie.com – 29 March 2008
9
 Malaysians dictate a stricter approach in dealing with pornographic
contents in the internet. The vulnerability of the younger generation
making them easily influenced by internet and the rapid growth of
internet pornography make internet pornography a serious concern to
the Government. In the last quarter of 2006, the Government had
discovered not less than 20 websites and blogs with pornographic
content originating from Malaysia.9

(b) Local public figures including artists have often been made the target of
pornographic websites, where some websites provide video clips and
pictures claimed to be involving them in compromising situation. For
instance, the former Minister of Health, Dato’ Chua Soi Lek and local
artists such as Ida Nerina with Fauzi Nawawi and Edry (from the hip
hop group KRU) with Linda Rafar, have been said to be involved in
sexual misconduct in which video clips and pictures have been
circulated over the internet.

REGULATING ONLINE CONTENT

(i) Realizing the negative impact that internet can have to the country and to
ensure citizens and residents of Malaysia are more responsible in utilizing the
internet in exercising their rights to free speech, the Government has taken
the necessary action to control and regulate the contents under the following
legislations:

(a) Penal Code

Section 298 and 298A of the Penal Code provides for the offending act
on grounds of religion.

9
Information obtained from the Malaysian CyberSecurity.
10
“Section 298. Uttering words, etc., with deliberate intent to wound
the religious feelings of any person
Whoever, with deliberate intention of wounding the religious feelings of
any person, utters any word or makes any sound in the hearing of that
person, or makes any gesture in the sight of that person, or places any
object in the sight of that person, shall be punished with imprisonment
for a term which may extend to one year, or with fine, or with both.

Section 298A. Causing, etc., disharmony, disunity, or feelings of

enmity, hatred or ill-will, or prejudicing, etc., the maintenance of
harmony or unity, on grounds of religion
(1) Whoever by words, either spoken or written, or by signs, or by
visible representations, or by any act, activity or conduct, or by
organizing, promoting or arranging, or assisting in organizing,
promoting or arranging, any activity, or otherwise in any other manner-
(a) causes, or attempts to cause, or is likely to cause disharmony,
disunity, or feelings of enmity, hatred or ill-will; or
(b) prejudices, or attempts to prejudice, or is likely to prejudice, the
maintenance of harmony or unity, on grounds of religion,
between persons or groups of persons professing the same or
different religions, shall be punished with imprisonment for a
term of not less than two years and not more than five years.‖

Section 292 of the Penal Code provides for the offending act on
grounds of advertising, distributing, hiring and selling of obscene
materials.

“Section 292. Sale, etc., of obscene books, etc.

Whoever-
(a) sells, lets to hire, distributes, publicly exhibits or in any manner
puts into circulation, or for purposes of sale, hire, distribution,
public exhibition or circulation makes, produces or has in his
possession any obscene book, pamphlet, paper, drawing,
11
 painting representation or figure or any other obscene object
whatsoever;
(b) imports, exports or conveys any obscene object for any of the
purposes aforesaid, or knowing or having reason to believe that
such object will be sold, let to hire, distributed or publicly
exhibited or in any manner put into circulation;
(c) takes part in or receives profits from any business in the course
of which he knows or has reason to believe that any such
obscene objects are for any of the purposes aforesaid, made,
produced, purchased, kept, imported, exported, conveyed,
publicly exhibited or in any manner put into circulation;
(d) advertises or makes known by any means whatsoever that any
person is engaged or is ready to engage in any act which is an
offence under this section, or that any such obscene object can
be procured from or through any person; or
(e) offers, or attempts to do any act which is an offence under this
section,
shall be punished with imprisonment for a term which may extend to
three years, or with fine, or with both.‖

Section 499 of the Penal Code provides for the offending act on
defamation.

“Section 499. Defamation

Whoever, by words either spoken or intended to be read or by signs, or
by visible representations makes or publishes any imputation
concerning any person, intending to harm, or knowing or having reason
to believe that such imputation will harm the reputation of such person,
is said, except in the cases hereinafter excepted, to defame that
person.

12
 Section 500. Punishment for defamation
Whoever defames another shall be punished with imprisonment for a
term which may extend to two years, or with fine, or with both.‖

(b) Sedition Act 1948 (Act 15)

The act of publishing sensitive matters or materials on the websites

and blogs may contravene section 4 of the Sedition Act.

“Section 4. Offences
(1) Any person who-
(a) does or attempts to do, or makes any preparation to do,
or conspires with any person to do, any act which has or
which would, if done, have a seditious tendency;
(b) utters any seditious words;
(c) prints, publishes, sells, offers for sale, distributes or
reproduces any seditious publication; or
(d) imports any seditious publication,
shall be guilty of an offence and shall, on conviction, be liable for a first
offence to a fine not exceeding five thousand ringgit or to imprisonment
for a term not exceeding three years or to both, and, for a subsequent
offence, to imprisonment for a term not exceeding five years; and any
seditious publication found in the possession of the person or used in
evidence at his trial shall be forfeited and may be destroyed or
otherwise disposed of as the court directs.
(2) Any person who without lawful excuse has in his possession any
seditious publication shall be guilty of an offence and shall, on
conviction, be liable for a first offence to a fine not exceeding two
thousand ringgit or to imprisonment for a term not exceeding eighteen
months or to both, and, for a subsequent offence, to imprisonment for a
term not exceeding three years, and the publication shall be forfeited
and may be destroyed or otherwise disposed of as the court directs.‖

13
(c) Internal Security Act 1960 (Act 82)

It is an offence to disseminate false reports which may cause public

alarm as provided in Section 28 of Internal Security Act 1960.

“Section 28. Dissemination of false reports

Any person who, by word of mouth or in writing or in any newspaper,
periodical, book, circular or other printed publication or by any other
means spreads false reports or makes false statements likely to cause
public alarm, shall be guilty of an offence.‖

The Internal Security Act 1960 gives power to the Minister in charge
with printing presses and publication to prohibit publication of any
document which may be offensive in nature as provided in Section 22
of the Act. The definition of publication as provided in Section 2 of the
same Act is wide enough to cover any information uploaded to the
internet.

“Section 22. Prohibition of printing, sale, etc., of documents and

publications-
(1) Where it appears to the Minister charged with responsibility for
printing presses and publications that any document or publication—
(a) contains any incitement to violence;
(b) counsels disobedience to the law or to any lawful order;
(c) is calculated or likely to lead to a breach of the peace, or
to promote feelings of hostility between different races or
classes of the population; or
(d) is prejudicial to the national interest, public order, or
security of Malaysia,
he may by order published in the Gazette prohibit either absolutely or
subject to such conditions as may be prescribed therein the printing,
publication, sale, issue, circulation or possession of such document or
publication.‖
14
 “Section 2. Interpretation
In this Act, unless the context otherwise requires—
"publication" includes all written, pictorial or printed matter, and
everything of a nature similar to written or printed matter, whether or
not containing any visible representation, or by its form, shape or in any
other manner capable of suggesting words or ideas, and every copy,
translation and reproduction or substantial translation or reproduction in
part or in whole thereof;‖

Any person contravening section 22 shall be punished under section

24 of the Act.

“Section 24. Printing, publishing, etc., in contravention of order

under section 22
Any person who prints, publishes, sells, issues, circulates or
reproduces a document or publication which is the subject of an order
under section 22, or any extract therefrom, shall be guilty of an offence
and shall, on conviction, be liable to a fine not exceeding two thousand
ringgit or to imprisonment for a term not exceeding three years or to
both:

Provided that no person shall be convicted of an offence under this

section if he proves to the satisfaction of the court that the document or
publication in respect of which he is charged was printed, published,
sold, issued, circulated or reproduced, as the case may be, without his
authority, consent and knowledge, and without any want of due care or
caution on his part, and that he did not know and had no reason to
suspect the nature of the document or publication.‖

(d) Official Secrets Act 1972 (Act 88)

The act of communicating directly or indirectly of any official secrets is

an offence under section 8 of Act 88.
15
“Section 8. Wrongful communication, etc. of official secret
(1) If any person having in his possession or control any official
secret or any secret official code word, countersign or password,
which-
(a) relates to or is used in a prohibited place or relates to
anything in such a place;
(b) relates to munitions of war and to other apparatus,
equipment and machinery which are used in the
maintenance of the safety and security of Malaysia;
(c) has been made or obtained in contravention of this Act;
(d) has been entrusted in confidence to him by any public
officer; or
(e) he has made or obtained, or to which he has had access,
owing to his position as a person who holds or has held
office in the public service, or as a person who holds, or
has held a contract made on behalf of the Government, or
as a person who is or has been employed by or under a
person who holds or has held such an office or contract,
does any of the following-
(i) communicates directly or indirectly any such
information or thing to any foreign country other than
any foreign country to which he is duly authorized to
communicate it, or any person other than a person
to whom he is duly authorized to communicate it or
to whom it is his duty to communicate it;
(ii) uses any such official secret or thing as aforesaid for
the benefit of any foreign country other than any
foreign country for whose benefit he is duly
authorized to use it, or in any other manner
prejudicial to the safety or interests of Malaysia;
(iii) retains in his possession or control any such thing
as aforesaid when he has no right to retain it, or
when it is contrary to his duty to retain it, or fails to
16
 comply with all lawful directions issued by lawful
authority with regard to the return or disposal
thereof; or
(iv) fails to take reasonable care of, or so conducts
himself as to endanger the safety or secrecy of, any
such official secret or thing,
he shall be guilty of an offence punishable with
imprisonment for a term not less than one year but not
exceeding seven years.
(2) If any person receives any official secret or any secret official
code word, countersign or password knowing or having reasonable
ground to believe at the time when he receives it, that the official
secret, code word, countersign or password is communicated to him in
contravention of this Act he shall, unless he proves that the
communication to him of the official secret, code word, countersign or
password was contrary to his desire, be guilty of an offence punishable
with imprisonment for a term not less than one year but not exceeding
seven years.‖

(e) Communications and Multimedia Act 1998 (Act 588)

Section 211 and Section 233 of the Communications and Multimedia

Act 1998 provides for the prohibition of offensive content and improper
use of network facilities and network services.

“Section 211. Prohibition on provision of offensive content

(1) No content applications service provider, or other person using a
content applications service, shall provide content which is indecent,
obscene, false, menacing, or offensive in character with intent to
annoy, abuse, threaten or harass any person.
(2) A person who contravenes subsection (1) commits an offence
and shall, on conviction, be liable to a fine not exceeding fifty thousand
ringgit or to imprisonment for a term not exceeding one year or to both
17
and shall also be liable to a further fine of one thousand ringgit for
every day or part of a day during which the offence is continued after
conviction.‖

“Section 233. Improper use of network facilities or network

service, etc.
(1) A person who —
(a) by means of any network facilities or network service or
applications service knowingly —
(i) makes, creates or solicits; and
(ii) initiates the transmission of, any comment,
request, suggestion or other communication which
is obscene, indecent, false, menacing or offensive
in character with intent to annoy, abuse, threaten
or harass another person; or
(b) initiates a communication using any applications service,
whether continuously, repeatedly or otherwise, during
which communication may or may not ensue, with or
without disclosing his identity and with intent to annoy,
abuse, threaten or harass any person at any number or
electronic address, commits an offence.
(2) A person who knowingly-
(a) by means of a network service or applications service
provides any obscene communication for commercial
purposes to any person; or
(b) permits a network service or applications service under
the person's control to be used for an activity described in
paragraph (a),
commits an offence.
(3) A person who commits an offence under this section shall, on
conviction, be liable to a fine not exceeding fifty thousand ringgit or to
imprisonment for a term not exceeding one year or to both and shall

18
 also be liable to a further fine of one thousand ringgit for every day
during which the offence is continued after conviction.‖

Section 263 of the Communications and Multimedia Act requires ISPs

to use their best endeavor to prevent unlawful usage of the network.

“Section 263. General duty of licensees

(1) A licensee shall use his best endeavour to prevent the network
facilities that he owns or provides or the network service, applications
service or content applications service that he provides from being
used in, or in relation to, the commission of any offence under any law
of Malaysia.
(2) A licensee shall, upon written request by the Commission or any
other authority, assist the Commission or other authority as far as
reasonably necessary in preventing the commission or attempted
commission of an offence under any written law of Malaysia or
otherwise in enforcing the laws of Malaysia, including, but not limited
to, the protection of the public revenue and preservation of national
security.‖

(ii) Malaysian Communication and Multimedia Commission

The Malaysian Communication and Multimedia Commission was established

in 199810 to supervise and regulate the communications and multimedia
industry and to enforce the Communications and Multimedia Act 1998. Under
section 263 (2) of the said Act, the Commission has the power to instruct the
internet service provider (Jaring, TMNet) to block access to those websites
and blogs which are found to contain unlawful or illegal content which is an
offence under specific legislation.

10
via Malaysian Communications and Multimedia Act 1998 [Act 589].
19
(iii) CyberSecurity

Another agency that plays an important role in ensuring proper monitoring

online activities in Malaysia as well as to complement the functions of
Malaysia’s Communication and Multimedia Commission is CyberSecurity
Malaysia Sdn Bhd. It is a company established as the national reference and
specialist centre in cyber security under the purview of the Ministry of
Science, Technology and Innovation (MOSTI). It functions as a one-stop
coordination centre for all national cyber security initiatives with the aim to
reduce vulnerability of ICT systems and networks, nurture a culture of cyber
security amongst users and critical sectors and strengthen Malaysian self-
reliance in terms of technology and human resources.

With the assistance of CyberSecurity, the Government is able to identify

websites and blogs with illegal and unlawful contents. CyberSecurity is also
able to monitor global internet traffic so that the Government can be
immediately alerted of any irregular internet activities in any part of the world
which may affect Malaysia.

CHALLENGES

Although the laws are in place, the Government still faces a lot of difficulties to
monitor online activities and these are –

(i) Websites and blogs

Most of the websites and blogs which infringe the law are hosted outside the
country. Therefore, legal actions against the host may not be viable as they
are not subject to Malaysian laws.

(ii) E-mails
E-mails are personal letters intended for the recipients only. Therefore emails
with offensive content are difficult to be monitored and legal action can only
be taken if there is a complaint lodged with the relevant authority.
20
(iii) Differences in the interpretation of the internet content
The interpretation of the internet contents varies according to countries. It is
because the background and understanding of one country may differ from
the other. Unlike some other countries, Malaysia may block pay-per-view
adult movie websites which are legal and acceptable in other countries but not
acceptable in Malaysia because of its sexual and obscene contents which are
against the social and moral values of the country.

Malaysians are also very sensitive to any unofficial websites that make
reference to the King or the Ruler of any State in Malaysia as they may
contain distorted or disparaging views. This is despite the fact that the owner
of the websites or other viewers may consider them as honest and therefore
acceptable. For example, recently the Thailand Government has blocked
access to YouTube because it hosted a blog which the Thais considered as
degrading to the King of Thailand, although this opinion was not shared by
YouTube itself.

CONCLUSION

The Malaysian Government recognizes the importance and effectiveness of

the internet as the main mediator of public opinion. As rightly said by the Chief
Secretary of the Government –

―Gone were the days when public officials could choose to ignore the media,
complains, telephone ringing or even letters to editors……The notion that the
alternative media was associated with ―young punk‖ no longer held true, as it
now knew no age limit. Even the Prime Minister himself has initiated a website
for the public to write in directly to him of any issues using his website –
www.warkahuntukpm.com.my.‖11

11
Official remark by the Chief Secretary to the Government at the Luncheon Talk titled Challenges of
Malaysian Business Competitiveness in the Global Economy as reported in Bernama, 3rd April 2008.
The website was launch on 1st March 2008.

21
 In conclusion whilst the people are assured of their right to express
themselves, the Malaysian Government is responsible to maintain security and
public order in the country. Hence, there cannot be an absolute or uncontrolled right
to speech and expression; for to do so would lead to anarchy and disorder.
Furthermore, Malaysia being a multicultural and multiracial society, it is imperative
that the right of freedom of expression of the society at large is paramount to that of
an individual. Accordingly, restrictions and limitations imposed on freedom of
speech and expression in the physical world are also similarly applied in the cyber
world. The additional laws that were enacted are merely to cater for the peculiarities
of the online activities.

In a nutshell, the dilemma faced by the Government today is how to strike a

balance between the rights of an individual with that of the Government’s
responsibility to maintain security and public order.

ADVISORY DIVISION
ATTORNEY GENERAL’S CHAMBERS
2008

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