1. The document discusses the freedom of speech, assembly, and association as protected under Article 10 of the Malaysian Constitution. It outlines the nature and extent of these rights as well as permissible restrictions. 2. Laws such as the Sedition Act, Official Secrets Act, and Police Act place restrictions on speech, assembly, and association in the interests of national security, public order, and morality. 3. The document analyzes key court cases that have interpreted and applied these constitutional rights and legislative restrictions.

1. DR HASLINDA MOHD
SCHOOL OF LAW
COLGIS
ARTICLE 10: FREEDOM OF
SPEECH, ASSEMBLY &
ASSOCIATION

2. FREEDOM OF SPEECH

3. NATURE & EXTENT OF FREE SPEECH
A10(1)(a) – subject to clauses (2), (3) & (4) - every citizen
has the right to freedom of speech & expression
Forms of speech & expression – word of mouth, signs,
symbols & gestures, through works of art, music, sculpture,
photographs, films, videos, books, magazines etc
Press freedom?
Right to information?
Cyber speech? – the Computer Crime Act 1997 & the
Communication and Multimedia Act 1998

4. PERMISSIBLE RESTRICTIONS
A10(2)(a) – parliament may impose restrictions as it deems
necessary or expedient on the following grounds;
1. Security of federation or any part thereof – OSA 1972,
ISA 1960, Printing Presses & Publication Act 1984,
Protected Areas & Protected Places Act 1959, Public
Order (Preservation) Act 1958 and the sedition act 1948
2. Friendly relations with other countries
3. Public order – Police Act 1967
4. Morality – Films (Censorship) Act 1952, Indecent
Advertisement Act 1952, Lotteries Act 1952, Perbadanan
Kemajuan Filem Nasional Malaysia Act 1981

5. PERMISSIBLE RESTRICTIONS
5. Privileges of parliament or of any legislative assembly –
the House of Parliament (Privileges and Powers) Act
1952
6. Contempt of court – Court of Judicature act 1964
7. Defamation – the defamation Act 1957
8. Incitement to any offence – obscenity (s292 – 294 of
CPC), causing disharmony, disunity on the grounds of
religion (s298A of CPC)

6. PERMISSIBLE RESTRICTIONS
A10(4) – parliament may pass laws prohibiting the
questioning of four politically sensitive issues;
1. Right to citizenship
2. Status of Malay language
3. Position & privilege of the Malay & the natives of Sabah
& Sarawak
4. Prerogatives of the Malay Sultans & the Ruling Chiefs of
Negeri Sembilan
A149 & 150 – subversion & emergency

7. THE LAW OF SEDITION
• S2 & 3(1) of the Sedition Act 1948 – any act, speech, words or
publication are seditious if they have a tendency towards any of
the following;
1. To bring into hatred or contempt or to exercise disaffection
against any ruler or government
2. To excite subjects to seek alteration other than by lawful
means of any matter by law established
3. To bring into hatred or contempt the administration of
justice in the country
4. To raise discontent or disaffection among the subjects
5. To promote ill-will and hostility between races or classes
6. To question the provision dealing with language, citizenship,
the privilige of te Malays & natives of Sabah & Sarawak and
the sovereignty of the Rulers.

8. Application of the law
PP v Param Cumarasamy – intention to incite to violence or
public disorder is not a necessary ingredient of the crime.
As long as the words were intentionally published and they
had a tendency to cause ill-will the offence is complete.
PP v Ooi Kee Saik & Fan Yew Teng v PP– it is no defence
for the accused to argue that his words were true and
honest
Mark Koding v PP – under A63(4) & (5) of the FC, MPs are
not exempt from the law of sedition for their parliamentary
words or actions

9. S4(2) of the Sedition Act – it is an offence to print or
publish seditious matter or to posses or import the
S9 – court have the power to suspend a newspaper
containing seditious matter; order seizure of the offending
press and impose an order on the offender, prohibiting him
from taking part in publishing, editing, writing for any
newspaper for one year
S10 – PP may apply to the High Court to prohibit
circulation of seditious publications

10. OFFICIAL SECRET ACT 1972
S2 –
 ‘official’ means ‘relating to any public service’;
 ‘official secret’ covers 3 categories of documents
1. Federal cabinet documents, State executive council
documents & Documents concerning national
security, defense and international relations
2. Any information relating to the documents above
3. All official documents, which are classified as Rahsia,
Rahsia Besar, Sulit and Terhad by the minister or
public officer charged with the responsibility
concerned.

11. Applicability of the law –
 the prohibition of the law apply to all persons – citizens,
non citizens, officials in the public service, those whom
information was entrusted in confidence, former
government employees etc
 S25 – the law operates extraterritorially – may be
prosecuted locally even if the facts instituting the offence
occurred abroad.

12. Defences
1. s2B - The information concerned had not been classified
by an authorised officer
2. S2 - It was not covered by the definition of an ‘official
secret
3. The disclosure of the information was on a ‘privileged
occasion’ – parliamentary and judicial proceedings
4. PP v Phua Keng Tong - Mens rea is a necessasry
ingredient of the offence.

13. 1. Defences which are not available under the law
1. PP v Lim Kit Siang – the purpose of the communication was
honorable such as to expose corruption
2. Datuk Haji Zulkifli v PP – the accused was an innocent
recipient and had merely exposed what he had innocently
received
3. The information was no more secret because others had
broken its confidentiality. James Clovis Clad of the Far
Eastern Economic Review and Sabry Sharif of the NSTP were
held liable for disseminating unauthorised information which
had already reached the public domain
4. Lim Kit Sang v PP – the accused is a MP who owes a public
duty to tell the nation about possible wrongdoing in high
places

14. FREEDOM OF ASSEMBLY

15. NATURE &
EXTENT
A10(1)(b) – all citizens have the right
to assemble peaceably & without arms
Restrictions
1. A10(2)(b) – restrictions as it
deems necessary & expedient in
the interest of security of the
federation or any part or public
order
2. A4(2)(b) – the necessity &
expedience of such law is for the
parliament, and not court, to
determine
3. A149 & 150 – subversion &
emergency

16. Penal Code
 S141 – participation in a public or
private gathering can amount to an
unlawful assembly if a gathering of 5 or
more persons had the common object of
1. overawing by criminal force a public
servant or the government in power;
2. to resist the execution of any law;
3. To commit mischief or trespass;
4. to obtain any property by criminal
force;
5. to deprive another of his rights; or
6. to compel any person to do what he is
not legally bound to do.

17. Police Act
S26 – the police has power to erect
barriers in any public place in order to
control the movement of persons or
vehicles
S30 – permit regulation of flags,
banners, emblems, placard, and loud
speaker in order to prevent
disturbance of the peace.
S31 – police to make orders to require
persons to remain indoors up to a
period of 24 hours. Minister of Home
Affairs can extend the period to 14
days.

18. S27(2) – all assemblies, meetings and
processions of more than 3 persons in
any public place require a prior police
license from the OCPD.
The license must be applied for by a
registered organizations or by 3
organizers jointly
An application must be made 14 days
in advance
The licensee must assume
responsibility for the entire conduct of
the rally and its component members

19. S27(5) – if 3 or more participants of an
assembly or procession disobey any police
order, the entire assembly shall be
deemed to be an unlawful assembly and
all persons taking part knowingly in the
assembly shall be guilty of a criminal
offence.
S26- roadblocks may be set up for the
purpose of preserving the law
s27A – if an activity on private premises
is directed at persons outside the
premises or it attracts 20 or more persons
from outside the premises or there is
danger of prejudice to security or peace,
the police may order the activity to stop
and order all persons to disperse.

20. Judicial
review of
executive
discretion
Chai Choon Hon v Ketua Police
Kampar – a political party was
granted a permit for a solidarity
dinner & lion dance in a public place
on the condition that speeches should
not touch on political issues. Held: the
condition was unconstitutional
because it violated A10(1)(a)
Madhavan Nair v PP – the police
imposed a condition that speeches
should not touch on MCE results &
the status of BM as the national
language. Held: the condition is
constitutional.

21. FREEDOM OF ASSOCIATION

22. SCOPE & EXTENT
A10(1) ( c) – all citizens have the right to form association
This right includes
 the right to refuse to association,
 the right to dissolve an existing association
 The right to resign from an association
Dewan Undangan Negeri Kelantan v Nordin bin Salleh –
SC: the amendment to the Kelantan Constitution that
required an assemblyman to vacate his seat if he defected
from the party on whose ticket he had won his seat is
unconstitutional as violated A10(1)( c)


23. A11(2)(b) – every religious group has the right to establish
and maintain institution for religious or charitable
purposes.
A12(2) – every religious group has the right to establish &
maintain institution for the education of children on its
own religion.

24. PERMISSIBLE RESTRICTIONS
1. Security of the federation
2. Public order
3. Morality
4. Laws relating to labour – Trade Union Act 1959
5. Laws relating to education – The Universities and
University Colleges Act 1971
6. Legislation under A149 & 150