Laws in Malaysia
Malaysian citizens do enjoy the right to freedom of speech and expression as provided by Article 10 of the Federal Constitution. Such freedom, nonetheless, is qualified in terms of national security, public order or morality.
Article 10.2a says: &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 .
Malaysian journalists, in addition, have to contend with several more restrictions. Among them are: The Printing Presses and Publications Act 1984, Broadcasting Act 1988, Official Secrets Act 1972, Sedition Act 1948, and Internal Security Act 1960.
The Printing Presses and Publications Act 1984 imposes stringent licensing requirements. Licences are granted at the complete discretion of the Home Minister, must be renewed annually, and can be revoked or suspended at any time without the right to be heard. Publishing without a permit can attract a jail sentence of up to three years and/or fines. Publications that do not carry the names of the publishers and printers are liable to be jailed for up to one year and/or fines.
After Operation Lallang in 1987, the Act was amended to give the Minister absolute discretion, which was not to be questioned in any Court of Law, to ban publications present and future which he considered prejudicial to public order, morality or security, or likely to be prejudicial to the public or national interest. Included also was a new offence of malicious publication of false news, (three-year jail sentence and/or fines if found guilty).
It is worthwhile to note that the Paris-based Reporters Sans Frontier has ranked Malaysia 113 out of 167 in its Worldwide Press Freedom Index for 2005, an improvement from 2004s 122nd placing.
Ethics and Freedom
The media can effectively shape or alter public opinion through various means of reporting. In Malaysias multi -ethnic and -religious society, the media has not only made significant contribution to socio-economic development, but it has also contributed to national integration.
The Prime Minister has assured the media that the government recognised the key role it plays as a platform between the people and those in power (Star Online, July 21, 2005). Over the past few years, the media the press in particular has been given a greater extent of freedom. It has helped in the decision-making process through feedback from the public, as well as created social consciousness and cohesiveness.
The first duty of an ethical journalist, as stated in the National Union of Journalists Code of Ethics, is respect for truth and the right of the public to truth. But does truth spell total freedom of speech?
British socialist Francis Williams said in his book on journalism, The freedom of the press differs from, and ought always to be recognised as greater than, the simple freedom of an entrepreneur to do what he pleases with his property. A journalist has commitments to the commercial interests of those who employ him. But he has other loyalties also and these embrace the whole relationship of a newspaper to its public. (Dangerous Estate: The Anatomy of Newspaper, London, 1959)
Freedom of speech and expression can be a hindrance to society when the majority of the people are not trained to think for themselves but allow their emotion and religious zeal to be manipulated for political gain. This can be illustrated by the demonstration of political parties over the Non-Sequitur cartoon published by the New Straits Times.
While the media must be relatively free from political pressure, it should be held accountable for the interests of society at large. Perhaps the questions to ask are: What is the dividing line between the rights of the press to its freedom and the claims of social responsibility? How should the rights of all in freedom of speech and expression be reconciled with social and public interest?
More importantly, how should we Christians view and use such freedom? NECF Malaysia Secretary-General Rev. Wong Kim Kong believes God intended absolute freedom for men at the beginning of creation but this was thwarted when sin enters the world with Adam and Eves disobedience.
Biblical laws were initiated thereof to prevent the abuse of freedom in order to safeguard the moral, religious and ethical well-being of the created order. While Christians support the principle of freedom and an independent media, Rev. Wong cautions us to think hard and consider carefully before expressing ideas that are bound to cause deep offence, he says.
A British Statesman and Philosopher, Edmund Burke (1729-1797), correctly remarked, What is liberty without wisdom and without virtue? It is the greatest of all possible evils, for it is folly, vice and madness without tuition or restraint.
Indeed, freedom is the most cherished asset of all, but when misused, it becomes a dangerous cause. Freedom of speech must entail ethical and moral accountability and responsibility to the welfare of society. It should also include the credibility of truth, adds Rev. Wong.
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