Does freedom of speech in Malaysia protect religious insults?

Question

Accepted Answer

Freedom of Speech in Malaysia Does Not Extend to Religious Insults

Freedom of speech in Malaysia does not encompass the right to insult and demean any religion or the religious beliefs of others with impunity. This principle was underscored by the Sessions Court in Putrajaya when fining a photographer RM15,000 for two counts of insulting Hinduism on his Facebook account. The court emphasised that while freedom of expression is a fundamental right, it is not absolute and must be balanced against the need to respect religious sensitivities and prevent harm to society.
Legal Framework for Online Content

The case involved charges framed under Section 233(1)(a) of the Communications and Multimedia Act 1998, which prohibits the use of network facilities to transmit offensive content. This section, punishable under Section 233(3) of the same act, carries a maximum penalty of a RM50,000 fine, up to one year's imprisonment, or both. The act provides a legal basis for addressing online behaviour that infringes upon public order and decency, including expressions deemed insulting to religious beliefs.
Judicial Interpretation of Religious Insults

In delivering the judgment, the court articulated that the crime of insulting a religion affects not only individuals but also the values and societal fabric that religion represents. Religion is deeply personal and cherished by its adherents, and its desecration can cause significant pain and suffering. The court considered the accused's poor health as a mitigating factor but stressed the necessity of balancing sympathy for the offender with the damage inflicted upon victims and society.
Case Outcome and Sentencing

The photographer, Zamri Abdul Razak, was fined RM8,000 with a default sentence of six months' jail for the first count and RM7,000 with a default sentence of six months' jail for the second count. He paid the total fine of RM15,000. The court found that the evidence presented did not indicate a continuous pattern of offensive posting, but the initial instances were sufficient to warrant conviction under the law.

Reading history

Hide →

This history is cleared when the page is closed.

Does freedom of speech in Malaysia protect religious insults?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

1

0

0

Share with friends