Is criminalising criticism of the government unconstitutional in Malaysia?

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Criminalising Government Criticism is Unconstitutional in Malaysia

PKR leader N. Surendran asserts that any legislative action to criminalise criticism of the government, irrespective of its platform or validity, contravenes the Federal Constitution of Malaysia. He highlights Article 10(1)(a), which guarantees freedom of speech, including the right to express dissent against the government. Surendran contends that such criminalisation is incompatible with democratic principles and represents a move towards authoritarianism.
Freedom of Speech Guarantees

Article 10(1)(a) of the Federal Constitution explicitly enshrines the right to freedom of speech for all citizens. This fundamental liberty extends to the right to criticise the government, even in strong terms. Surendran emphasises that this right is a cornerstone of a democratic society, allowing citizens to hold their elected officials accountable.
Unacceptability in a Democracy

Surendran argues that a democratic government's role is not to police the 'truth' on social media or the internet. Instead, citizens should be empowered to discern truth from falsehood. He states that resorting to criminal law to control online discourse is an unacceptable overreach, particularly when freedom of speech is constitutionally protected.
International Comparisons

Drawing a parallel with the United Kingdom, Surendran points out that governments there do not possess the right to sue individuals for defamation. This legal stance underscores the principle that the public has a right to critique the government, which is funded by taxpayers, even if those criticisms are factually incorrect or defamatory. Malaysia, he suggests, is moving in the opposite direction by attempting to criminalise such expressions.

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Is criminalising criticism of the government unconstitutional in Malaysia?

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