RELIGION: Freedom of speech not absolute

The freedom of speech and expression is recognised in international law as a basic human right.

It is recognised under the United Nations Universal Declaration of Human Rights (UNUDHR) and International Covenant on Civil and Political Rights (ICCPR).

Besides the UNUDHR and ICCPR, freedom of speech is also an integral part of the European Convention on Human Rights, American Convention on Human Rights and African Charter on Human and People's Rights.

Meanwhile, Article 10 of our Federal Constitution guarantees Malaysians the right to freedom of speech, entitling citizens to such freedoms as are not otherwise restricted under law by the government as it deems necessary or expedient in the interest of: the security of the country; friendly relations with other countries, public order or morality; and protecting parliamentary privileges and providing against contempt of court, defamation or incitement to any offence.

Many democratic countries guarantee and defend almost unrestricted freedom of speech, while a number of countries recognise that right but apply a range of legal restrictions and others simply deny any freedom of speech.

In practice, freedom of speech is not an absolute right in any country and is subject to limitations, as with libel, slander, obscenity, copyright violation and incitement to commit a crime.

Article 19 of ICCPR states that "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice".

But importantly, that same article goes on to say that the exercise of these 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 for "the protection of national security or of public order, or of public health or morals".

In the last 12 years, UN human rights bodies have adopted resolutions that condemn "defamation of religion" as a violation of human rights.

The first of these resolutions, introduced in 1999, makes it clear that defaming any religion in any way is unacceptable and must be forbidden.

Originally posted here:
RELIGION: Freedom of speech not absolute