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ARTICLE 10 OF THE CONSTITUTION OF MALAYSIA, NOT ABSOLUTE, TAMBAH - Coggle…
ARTICLE 10 OF THE CONSTITUTION OF MALAYSIA
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.
FREEDOM OF SPEECH
A statements or ideas whether oral or written that are well supported by logic, rationality as well as reasonability from the point of view of the speakers and it is defendable. –
‘FACT
FREEDOM OF EXPRESSION
It is an expression which may or may not be supported by logic, rationality, and be just an expression of emotions, which can be curtailed, punished and banned. –
‘OPINION
ARTICLE 10 (2) (a) FREEDOM OF SPEECH AND EXPRESSION
In Malaysia law Speech and Expression are not distinct therefore
speech is also consider as a form of expression.
by word of mouth, signs, symbols, gestures, art, music, sculpture, photographs, films, videos, books, magazines, newspapers, notices, advertisements, banners, bunting and cyber speech.
Even symbolic speech like the manner of one’s dressing and grooming can be regarded as part of one’s freedom of expression.
Our constitution does not define what it means by these rights. Perhaps one could rely on the definitions formulated in other jurisdictions. Art.10(1) of the European Convention on Human Rights (which was drawn up in 1951) for example has this to say;
“Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers”.
FREEDOM OF SPEECH IN SOCIAL MEDIA
Internet had become a medium or option for the freedom of speech and
expression.
The rights cannot be abuse, to do so and ones might get into trouble if they abuse it.
How to exercise your freedom to share and voice your thoughts without getting
into trouble:
Take a moment to think before writing or sharing something online
► Whether or not it’s true
► Why you’re doing it
► If what you’re posting can have a negative impact on someone else.
Check the facts –
SEBENARNYA.MY
Lodge complaints
MCMC or Police
ARTICLE 10 FREEDOM OF ASSEMBLY
All citizens have the right to assemble peaceably and without arms.
Restrictions: Police Act & Penal Code
If person intends to convene meeting or form a procession in any “public place”, need to apply to police for permit.
ARTICLE 10 (3) (b) FREEDOM OF ASSEMBLY
Police entitled to stop the activity based on
If assembly/procession occurs without license, deemed “unlawful assembly.”
Power to stop activities which take place other than in a public place or private.
Police may stop assembly if activity is directed or capable of being directed to persons outside land/premises; or
Activity is “likely to be prejudicial to the interest of the security of Malaysia” or “excite a disturbance of the peace.
ARTICLE 10 FREEDOM OF ASSOCIATION
All citizens have the right to form associations.
Right to form associations regulated by Societies Act but this doesn’t cover registered companies or trade unions
Society means an association of seven or more persons
Every registered society has to have regard to Constitution
Laws regulating societies in Malaysia basically give government absolute power to approve or reject registration of association as well as control of finance, organization & function.
ARTICLE 10 RIGHTS & RESTRICTIONS
RIGHTS TO ENJOY FREEDOM
SPEECH
ENJOY
FREEDOM
RESTRICTED
i. Relating to citizenship,
ii. The national language,
iii. The status of Islam as national religion;
iv. The special position of Malays and the natives of Sabah and Sarawak and;
v. Sovereignty of the Rulers
ARTICLE 10 LEGISLATIONS
Defamation
Act 1957
To govern a person from expresses words that may damage another person’s reputation in the eyes of the public. It can be slander or libel. It is relating to the malicious damaging the reputation consists in speaking, writing, printing or otherwise.
Sedition Act
1948
An act that brings into detestation or defiance or to agitate disaffection against the Government or provoke feelings of ill-will and antagonism between different races.
Printing Presses and Publications Act 1984
To prevent the printing presses from doing something obscenity such as pornography, racism and other sensitive issue in Malaysia.
Police Act
1967
Every assembly must obtain a permit from the police.
Security Offences (Special Measures) Act 2012
To provide for special measures relating to security offences for the purpose of maintaining public order and security and for connected matte
Official Secrets Act, 1972
Any document specified in the Schedule and any information and material relating thereto and includes any other official document, information and material as may be classified as 'Top Secret', 'Secret', 'Confidential' or 'Restricted', as the case may be, by a Minister, or Chief Minister of a State or such public officer.
ARTICLE 10 NECESSITY OF LEGISLATIONS
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;
PUBLIC ORDER
DEFINITION
: It is essentially the absence of disorder – the quiet and orderly behaviour of people in public space. It involves people behaving sensibly and rationally, and respecting others.
IMPACT:
It protects from preservation of the constitution and the institution of religion, race and nation; strengthening border security; ensuring public safety; combating the national security threat; protecting the country’s important assets and targets.
PUBLIC ORDER ACTION:
riot, demonstration, public argument, banning or restricted social media usage etc.
MORALITY
DEFINITION
: It is a code of conduct that applies to all who can understand it and can govern their behavior by it, though many hold that it protects a larger group.
IMPACT
: It protects corrupt behavior that can contaminate the society.
MORALITY BEHAVOUR
: violence, dishonest, antagonize, lewd etc.
NOT ABSOLUTE
This means that we have the rights to say whatever we like without breaking the rules or regulations that threaten the society peace and harmon
SAMA DENGAN
TAMBAH