COLUMN-OPINION: DEMOCRACY-FREEDOM- Cherish freedom of speech and expression
FREEDOM of speech and expression need to be cherished and respected at all times. It is part of basic human rights which belong to every human being in all countries.
Such freedom should not be denied or suppressed. In fact, it should be welcomed by all as it can bring many benefits to society and the country.
Freedom of speech and expression is a principle that supports the freedom of an individual or a community to express their opinions and ideas without fear of retaliation, censorship, or legal action.
The term freedom of speech and expression is usually used synonymously but, in a legal sense, includes any activity of seeking, receiving, and imparting information or ideas, regardless of the medium used.
Freedom of speech and expression is part of basic human rights as clearly stipulated under Article 19 of the Universal Declaration of Human Rights 1948 (UDHR) and recognised in international human rights laws in the International Covenant on Civil and Political Rights 1966 (ICCPR).
Article 19 of the UDHR 1948 clearly states that “everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers”.
Freedom of speech and expression is also protected under our Federal Constitution, the highest law of the land. Article 10 (1) (a) clearly states “every citizen has the right to freedom of speech and expression”. This clearly shows us that this right exists and is legally protected by both international convention and our own country’s constitution. Nobody should be denied his freedom of speech and expression.
Each human being is born differently. Each one has his own mind and possesses different ideas, opinions and views. Such differences should be treasured as they can be used to make our society and country progress, develop and move forward.
Instead of constantly viewing this basic right as an enemy, we should see it in a positive way. Freedom of speech and expression can allow individuals to protect their own rights and interests and the rights and interests of others.
It can also be used as a shield to protect people from any ill treatment and oppression. If we keep suppressing this freedom and basic right, it will be hard for anyone to speak up to protect his rights and interests as well as the rights and interests of others.
Suppression of freedom of speech and expression might also deter the development and production of constructive ideas vital for the advancement of our society and nation.
However, we have to accept the fact that no guaranteed freedoms and basic human rights can be absolute and these include freedom of speech and expression. Though Article 19 of the UDHR 1948 assures such freedom and basic right, it is also subjected to limitation.
It is important to note that the article was later amended in the ICCPR 1966 by stating that the exercise of such freedom and rights carries “special duties and responsibilities” and may “therefore be subject to certain restrictions” when necessary for “respect of the rights or reputation of others” or “the protection of national security or of public order, or of public health or morals”.
The same goes for freedom of speech and expression which been guaranteed under our Federal Constitution where it too is subject to limitations.
Article 10 (2) (a) of the Federal Constitution states that “Parliament may by law impose 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”.
Though we have limitations to such freedoms and basic rights, it does not mean that we should shut the door entirely on people who wish to speak and express their views and opinions.
Those in power should not use such limitations as a ticket to create more legislation or to enforce existing laws to deny people the freedom to speak and express themselves.
People should be encouraged to speak as well as express their thoughts. Differences in views and opinions should be resolved in the proper manner, namely, by way of discussions and debates and not through legal actions, arrests and prosecutions.
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The writer is Assoc Prof, Faculty of Syariah and Law, Universiti Sains Islam Malaysia. Comments:[email protected]
