scholarly journals Freedom of Religious Expression in Malaysia

Author(s):  
Mohd Azizuddin Mohd Sani ◽  
Dian Diana Abdul Hamed Shah

There are always debates on the freedom of expression in today’s modern world more so in response to issues like freedom of religion, religious expression, hate speech, inter-faith dialogues etc. In Malaysia, issues especially those concerning race and religion are considered sensitive and therefore pose as obstacles to the implementation of complete religious freedom. Great care is taken not to impinge on the religious sensitivities of the various groups. It is understood that no one including the media can carry articles that question the faith or ridicule the religion and culture of the people in the country. Given that Islam is the religion of the Federation, great care is taken not to publish articles that cast slur, intended or otherwise, on the religion or its adherents. All media, including those operated by the opposition, follow this policy. Thus, religious expression has always been monitored by the government in order to protect the racial harmony in the multiracial, multicultural and multi-religious society of Malaysia. And this protection is provided for in the Constitution. This paper looks into some important issues that has caused some concern recently such as the position of Islam and freedom of religion, use of religion in politics, religious expression in the media, use of the word Allah by Christians, the publication of the Bible in the Malay language and the controversy over the so called attempt by an opposition party to make Christianity the official religion of Malaysia. The paper explains how these issues have been tackled by the government and society.  

Author(s):  
Bernadette Rainey

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on freedom of religion and freedom of expression, which are classified as qualified rights, and examines Article 9 of the European Convention on Human Rights (ECHR), which explains the right to hold or not hold a belief as well as the right to manifest a belief. It also considers how the European Court of Human Rights (ECtHR) decides if there has been manifestation of belief, interpretation of Article 10 with respect to views that shock and disturb and some forms of hate speech, and state restriction of expression. The chapter concludes with a discussion of freedom of religion and expression in the UK.


Significance The issue of media independence has become a fraught one under Prime Minister Shinzo Abe's administration, with perceptions rising among journalists and the public that the government is subjecting the media to political pressure. Critics of the administration speak of censorship and threats to freedom of expression. Japan's ranking in the World Press Freedom Index has fallen from 22nd in 2011-12, before Abe took office, to 61st in 2015. Impacts The government seems likely to try to marginalise the criticisms of constitutional scholars, like it marginalises its other critics. International media as well as domestic journalists are likely to feel some pressure from the authorities. In the near term, the issue is unlikely to destabilise the government, or derail passage of security legislation.


2016 ◽  
Vol 44 (1) ◽  
pp. 199-214 ◽  
Author(s):  
Ewa Sapiezynska

Two narratives dominate the literature about the state of freedom of expression in postliberal Venezuela, and they have few points in common, since they depend on different conceptualizations of the notion of freedom of expression. While the traditional liberal narrative focuses on the negative freedom that prohibits state interference, the postliberal narrative is based on positive freedom that encompasses the collective right of self-realization, particularly for the previously marginalized. During the government of Hugo Chávez, the discourse of freedom of expression was renewed, placing it in the context of power relations, accentuating positive freedom, and emphasizing the role of the public and community media. The establishment of the international public channel TeleSUR has revived the 1970s debate about the right to communication and contributed to the creation of a new Latin American-ness. En la literatura predominan dos narrativas acerca del estado de la libertad de expresión en la Venezuela posliberal las que tienen pocos puntos en común porque parten de visiones distintas del concepto de la libertad de expresión. Mientras la narrativa liberal tradicional enfoca sólo en la libertad negativa que previene la injerencia estatal, la narrativa posliberal se centra en la libertad positiva que abarca la autorrealización del derecho colectivo, también de los previamente marginalizados. Durante el gobierno de Hugo Chávez el discurso acerca de la libertad de expresión se renueva, insertando el concepto en el contexto de las relaciones de poder, acentuando la libertad positiva y enfatizando el rol de los medios públicos y comunitarios. El establecimiento del medio público internacional TeleSUR revive los debates sobre el derecho a la comunicación de la década de los 70 y aporta a la creación de una nueva Latinoamericanidad.


2020 ◽  
Vol 2 (2) ◽  
pp. 216-236
Author(s):  
Md. Aliur Rahman ◽  
Harun-Or Rashid

The Digital Security Act 2018 has created some barriers for citizens' accessing information and freedom of expression, particularly for the media professionals including journalists in Bangladesh. Thus, investigative journalism is now in a state of fear for distinction. In this context, the purpose of the study is to explore various effects of this Act, as well as to focus on different directions of protection while facing fears associated with the law. Showing the necessities for investigative journalism, this article also presented different fields of such an effective journalism. Methodologically, this article has followed the qualitative approach and collected information from both the primary and secondary sources. The findings from this study have shown that the fear of negative impacts form the Digital Security Act is dominant although the aim of the law, as described, is to provide security for information and communication. From the analysis of opinions of experts, it is easily predictable that some articles of the law have created dangerous threats on the way of investigative journalism, considering its applicable effects. Most of the experts expressed concerns about the negative impacts the law does have, as shown in the findings.  It is also reflected that these harmful effects would fall ultimately on the shoulder of the state creating such a bad situation where the government is feared to have lagged in terms of taking the right decisions at the right time.


Jurnal HAM ◽  
2021 ◽  
Vol 12 (3) ◽  
pp. 533
Author(s):  
Tasya Safiranita ◽  
Travis Tio Pratama Waluyo ◽  
Elizabeth Calista ◽  
Danielle Putri Ratu ◽  
Ahmad M. Ramli

Cyberspace is the interdependent network of information technology infrastructures such as the internet, telecommunications networks, and computer systems. Meanwhile, Indonesia’s Law Number 11 of 2008 and its amendment through Indonesian Law Number 19 of 2016 governing cyberspace have been viewed to contradict and infringe other areas of law, such as protection of press or freedom of expression. Hence, this study seeks to identify the controversies and problems regarding the law deemed urgent for amendment. Further, this study creates recommendations so the government may amend electronic information policy more fairly and efficiently. This study uses a judicial normative and comparative approach. This research tries to analyze the existing regulations and the implementation and compare Indonesia’s cyberspace regulation with other States’. This study finds that Articles 27(3) and 28(2) of the law criminalize defamation and hate speech in an overly broad manner and that Article 40(2)(b) allows the government to exercise problematic censorship. As a result, they have infringed the freedom of the press and general freedom of expression in practice. In response to this, this study compares similar provisions from other States and recommends amendment the articles to become narrower and more clearly defined.


Author(s):  
Fatih Abdulbari

The most important and fundamental value in democracy is freedom of expression. This freedom is considered a part of human rights and is the most important feature of democracy. In the times, on the one hand, the media to speak out is increasingly numerous and varied, but on the other hand there is a dilemma where this freedom is actually used to sow and spread false information or conspiracy theories without evidence. In addition, the concept of freedom of opinion has not developed much following the latest developments, so this concept is increasingly abstract because there are no clear boundaries for freedom of expression. In Indonesia, the emergence of the Law on Information and Electronic Transactions (UU ITE) is actually used as a threat to criminalize individuals whose opinions are considered to be disturbing and attack others.  The Jerinx case is a very interesting case study of how freedom of opinion has actually created a counterfactual narrative. He was convicted in 2020 for making hate speech on his social media accounts. The ITE Law which allows arrests for expressing opinions is problematic because it clearly contradicts the main principle of democracy, namely freedom of expression. This research will critically examine the Jerinx case from the perspective of democratic values to see and analyze how the right to speak and have an opinion in Indonesia. The extent to which freedom of opinion is actually facilitated is considered not to violate the rights of others, and the extent to which the democratic climate has a place in Indonesia.


2014 ◽  
Vol 70 (1) ◽  
Author(s):  
Kobus Van Rooyen

As a lawyer, it is a privilege to contribute to this Festschrift in honour of Professor Doctor Johan Buitendag. His entire career has been a quest for the truth. In the process, he has fearlessly rejected political agendas based on the Bible, and has inspired countless students in their quest to serve God in a practical and humane manner. His published research as well as the output of his doctoral students, both present and past, bear witness to a life dedicated to the search for knowledge in the service of God. He has also assisted substantially in placing South African theological research on the international map. In a sense, this article which deals with the protection of the right to a fair trial of an accused, also acknowledges Johan Buitendag’s quest for justice for all South Africans, whatever their creed, gender, race or standing. The subject of my article demonstrates my own quest to promote the constitutional right of an accused to a fair trial, a right that should not be subject to inordinate pressure by the media, and which gives priority to the right of an accused to be presumed innocent: an accused who may frequently suffer loneliness and a sense of rejection. Related to that it is, of course, always important to bear in mind that freedom of expression is at the heart of our democracy. A balance has, accordingly, to be struck between the competing rights.


2021 ◽  
Vol 6 (2) ◽  
pp. 75-86
Author(s):  
Hellen Mberia ◽  
Huda Elseddige ◽  
John Ndavula

Purpose:  The study sought  to determine the type of news on political corruption by newspapers in South Sudan Method   The study used descriptive research design to address the research objectives. The target population in this study was Sudan Tribune, Juba Monitor, The Dawn, Peace Day, Sudanese Online newspapers, international and local NGOs, journalists who work for the media station and lecturers and students from Juba University. The researcher identified every single element and the sampling frame was the five newspapers, also local and international NGOs, students and lecturers from Juba University Findings of the study Media houses shied away from giving priority to political corruption news for the fear of their lives, intimidation and torture.  the coverage of political corruption news on a quarter of a page, hence confirming the fact that the public in South Sudan was denied the opportunity by the print media to question the government on corruption in the country Contributions Informed by the findings, the study had the following  recommendation The various media regulatory policies and the constitutional rights should be implemented by the instruments of power including the police, the government and the judiciary. This would assure journalists and media houses of their freedom to access information and freedom of expression, while shielding them from intimidation, torture and killing. The legislature, in collaboration with the media regulatory bodies in South Sudan should enact laws that protected media houses and journalists, especially in the cases where they  cover sensitive but important information.


2021 ◽  
Vol 6 (2) ◽  
pp. 42-53
Author(s):  
Chief Editor

Purpose: The purpose of the study to examine the prominence of political corruption news by newspapers in South Sudan Method: The study used descriptive research design to address the research objectives. The target population in this study was Sudan Tribune, Juba Monitor, The Dawn, Peace Day, Sudanese Online newspapers, international and local NGOs, journalists who work for the media station and lecturers and students from Juba University. The researcher can identify every single element and the sampling frame was the five newspapers, also local and international NGOs, students and lecturers from Juba University Findings: The findings indicated that media houses shied away from giving priority to political corruption news for the fear of their lives, intimidation and torture. This further saw the coverage of political corruption news on a quarter of a page, hence confirming the fact that the public in South Sudan was denied the opportunity by the print media to question the government on corruption in the country Unique contribution to theory, policy and practice: The study had the following recommendations: The various media regulatory policies and the constitutional rights should be implemented by the instruments of power including the police, the government and the judiciary. This would assure journalists and media houses of their freedom to access information and freedom of expression, while shielding them from intimidation, torture and killing. The legislature, in collaboration with the media regulatory bodies in South Sudan should enact laws that protected media houses and journalists, especially in the cases where they covered sensitive but important information. Those who infringed on the rights of journalists and media houses should be pursued and arraigned in the court of law, where punitive action would be taken against them. This would further reaffirm journalists of their safety.


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