JANUARY 18 — Fifty-five years ago, in the case of Public Prosecutor v Ooi Kee Saik & Ors [1971] 2 MLJ 108, High Court Judge Raja Azlan Shah (as His Highness then was) said:

“A meaningful understanding of the right to freedom of speech under the [Federal Constitution] must be based on the realities of our contemporary society in Malaysia by striking a balance of the individual interest against the general security or the general morals, or the existing political and cultural institutions.

“Our sedition law would not necessarily be apt for other people but we ought always remember that it is a law which suits our temperament. A line must therefore be drawn between the right to freedom of speech and sedition.

“In this country the court draws the line.”

So, where is the line to be drawn, and when does free speech end and sedition begin?

The answer is this: The right to free speech ceases at the point where it comes within the mischief of Section 3 of the Sedition Act 1948. The dividing line may be stated as follows:

If the court comes to the conclusion that the words used naturally, clearly and indubitably, have the tendency to promote feelings of ill will and hostility between different races or classes of the population of Malaysia, then it is caught by the said Section 3.

In Ooi Kee Saik, having taken the impugned speech as a whole and after making all allowances for the enthusiasm of the speaker, the learned judge held that it went very much beyond the limits of freedom of expression. The speech was expressive of a seditious tendency.

Freedom of speech in Malaysia has limits: the law draws the line where words risk promoting hostility. — Unsplash pic
Freedom of speech in Malaysia has limits: the law draws the line where words risk promoting hostility. — Unsplash pic

Four years later in the case of Public Prosecutor v Fan Yew Teng [1975], in subscribing to the views expressed by Justice Raja Azlan Shah, High Court Judge Abdul Hamid (as he then was) said:

“The court draws that line [between the right to freedom of speech and sedition]. May I respectfully add that once such line is drawn, this should provide enough caution to persons embarking upon the path of criticism.”

Speak your mind, please. But mind your words.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.