Constitutional Law I

1. Constitutional Law Assignment
Question (c)
Is Section 4(1)(c) of the Peaceful Assembly Act 2012 unconstitutional?
Answers:
Article 10(2) Limitations on the Freedom of Speech, Assembly and Association
As stated in our Federal Constitution Article 10, all people have freedom and rights to speak out their
opinions, rights to assemble peacefully and form associations. This article is simply means the rules,
regulations and restrictions of a Malaysian on the freedom of speech, assembly and association. All
rights have their own limits to avoid any misuse, abuse and arbitrary power. These rights must be used
wisely and must not prone or encourage towards any chaos among people. As clearly explained in
Article 10(2) of Federal Constitution, restrictions and limitations have been imposed by the Parliament
on the freedom of speech and expression that applicable to all people. Those restrictions are deem
necessary or expedient in the interest of the security of the Federation or any part thereof or public
order. In other words, it means that those limitations and restrictions are created to ensure the freedom
must be expressed in certain manner that have been prescribed to avoid any difficulties. If not, then
punishments will be imposed on those people. The freedom is restricted and people should not question
on several issues such as status of national language (Article 152), Malay's special rights (Article 153),
and status of Islam as national religion (Article 3). It means that we have rights to say whatever we
like without breaking the rules and regulations that threaten the society and causes public disorders or
riot.
In order to implement limitations on the freedom of speech and association, several acts have been
introduced and enacted by the Parliament such as Sedition Act, Official Secret Act, The Printing
Presses & Publication Act, Peaceful Assembly Act and also Defamation Act. These acts are enforceable
by law and can be enforced on people that go against the government using the freedom of speech and
expression. Based on a case of SIS Forum v Dato' Seri Syed Hamid Syed Jaafar Albar where the
plaintiff's book entitled “Muslim Women & The Challenges of Islamic Extremism” have been banned
after being found to be in conflict with the guidelines issued by Jabatan Kemajuan Islam Malaysia and
have tendency to confuse Muslims, particularly Muslim women. This case was referred to the Printing
Presses & Publication Act which require the owner of presses to apply for a licence from the Home
Ministry to keep for use or to use a 'printing presses' and Ministers have power to revoke or suspend a
licence or permit for any period the consider desirable.

2. Another limitations act that have been enacted is The Sedition Act 1948. Section 2 and 3(1) of
Sedition Act 1948 state that any act, speech, words or publication are seditious if they have tendency to
bring into hatred and to excite disaffection against any Ruler or government like loyalty, to seek
alteration other than by lawful means of any matter by law established, and to contempt the
administration of justice in the country. In other words, any act can amount to sedition if it has
tendency to cause chaos among people and go against the government. For examples are by uttering
any seditious words, propagating seditious publication, making preparation or conspiring with any
person and also distributing any seditious publication. For these offenses, punishments can be up to 20
years imprisonment. In a case of Lim Guan Eng v PP, the defendant distributed pamphlets entitled
“Mangsa Dipenjarakan” to people in a talk and said the Attorney General's decision not to prosecute
Tan Sri Rahim and detained the innocent girl showed the law of Malaysia had a double-standard. He
had been charged under Sedition Act for published false news maliciously about the plaintiff and gave
a seditious speech at the talk. The court decided the defendant was sentenced to 18 months
imprisonment in respect of each offence.
Official Secrets Act 1972 is another act that have been introduced to implement limitation on the
freedom of speech and expression of people. According to Article 8(1) of Federal Constitution, it is an
offence for an unauthorised person to have in his possession or control any official secret, to retain it,
use it, communicate it or fail to take reasonable care of such secret. Official secret covers 3 categories
of document which are federal cabinet documents, state executive council documents and also
documents concerning national security, defense and international relations. This act is applicable to all
persons whom information was entrusted in confidence including former government employees or
firm dealing with the government. Based on a case of Minister of Energy, Water and Communication &
Anor v Malaysian Trade Union Congress & Ors, the Malaysian Trade Union Congress (MUTC) , a
society of trade unions, requested the Minister to furnish them with a copy of the concession agreement
and the audit report justifying the 15% increase in water tariffs. In this case, even though the MUTC
was 'adversely affected' by the Minister's refusal of its application to the two documents, it had not
show that it had a fundamental or legal right to have access and disclosure of the concession agreement
and the audit report and those rights had been infringed.