IN recent weeks, freedom of speech has been on my mind a lot. It’s hard not to think about it, what with radio deejays and a newspaper editor getting suspended, and a rapper getting investigated over a YouTube video.
Some of my formative years were spent in the US where freedom of speech is guaranteed by the First Amendment of the US Constitution. It is guaranteed to the point where neo-Nazis have the right to hold public rallies and demonstrators can burn the American flag without fear of being arrested. But of course there are limits.
Freedom of speech doesn’t allow for child pornography, for example, because child pornography is illegal. Freedom of speech also doesn’t allow someone to falsely shout "fire" in a crowded cinema as it could cause a stampede. Lastly, it goes without saying that freedom of speech does not allow one to defame another.
But freedom of speech in the US does include offensive speech. So, you can make fun of the president and even insult him if you want to. That’s pretty hard to imagine in Malaysia although technically we are supposed to have freedom of speech. It is protected under Article 10 of the Federal Constitution which also guarantees the right to peaceful assembly. So, we should be able to say whatever we want and hold gatherings whenever we want, right? Wrong.
Unlike the First Amendment, Article 10 entitles citizens to such freedoms only insofar as they are not restricted by the government (as opposed to those freedoms being absolutely guaranteed as in the US).
In Malaysia, we have the Sedition Act 1948 which curtails free speech and the Police Act 1967 which prohibits the gathering of three or more people in a public place without a permit.
A common joke among editors is that in Malaysia there is freedom of speech but not necessarily freedom after speech. The reason often given by those who are against US-style freedom of speech is that we are a multiracial country and therefore have to be extra careful about what we say.
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