The constitution allows restrictions on the freedom of expression “in the interest of the security of the Federation…[or] public order.” The former government regularly restricted freedom of expression for the media and civil society, citing reasons such as upholding Islam and the special status of ethnic Malays, protecting national security, maintaining public order, and preserving friendly relations with other countries.
Freedom of Expression: The law prohibits sedition and public comment on issues defined as sensitive, including racial and religious matters or criticism of the king or ruling sultans. Sedition charges often followed comments by vocal civil society or opposition leaders. Civil society groups claimed the former government generally failed to investigate and prosecute similar statements made by progovernment or pro-Malay persons.
Citing a “misdirection of law,” the court of appeals in February overturned the 2014 conviction of Adam Adli under the Sedition Act after he urged people to topple the government during a Kuala Lumpur forum in 2013. Authorities also withdrew Sedition Act charges against Members of Parliament Khalid Samad, Hassan Abdul Karim, and R. Sivarasa; former Member of Parliament Tian Chua; human rights lawyers N. Surendran and Eric Paulsen; socialist party central committee member S. Arulchevan; and political cartoonist Zulkiflee Anwar Al Haquem, popularly known as Zunar. The government initiated new charges under the Sedition Act against several persons for allegedly criticizing the country’s royal families.
In February artist Fahmi Reza was sentenced to one month in jail and fined RM30,000 ($7,500) for publishing a caricature of then prime minister Najib Razak in 2016 that was deemed “obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten, or harass another person.” Amnesty International called the decision “yet another example of the continued crackdown on dissent by the Malaysian authorities.” In November the High Court upheld the conviction but reduced the fine to RM10,000 ($2,500) and revoked the jail sentence. In October prosecutors dropped similar charges against Fahmi in a separate case.
In September the Federal Court ruled that the government can sue individuals for defamation. Human rights groups, the Malaysian Bar Council, and former judges criticized the decision, describing it as “not in consonance with the citizens’ freedom of speech and the principle of good governance.”
Press and Media Freedom: Political parties and individuals linked to the former ruling coalition owned or controlled a majority of shares in almost all print and broadcast media, many of which were overtly progovernment. Online media outlets were more independent but were often the target of legal action and harassment.
Despite many restrictions and official pressure, opposition parties, social action groups, unions, internet news sites, and other private groups actively covered opposition parties and frequently printed views critical of government policies. Online media and blogs provided views and reported stories not featured in the mainstream press.
The government maintained and at times exerted control over news content, both in print and broadcast media. The former government punished publishers of “malicious news” and banned, restricted, or limited circulation of publications believed a threat to public order, morality, or national security. The government has the power to suspend publication for these reasons and retained effective control over the licensing process. In February the Malaysian Communications and Multimedia Commission (MCMC) asked two online news portals to remove articles that went “against the country’s laws.” According to media, “the articles all addressed current issues and local politics, while being openly critical of certain political parties and leaders.”
In April parliament passed the Anti-Fake News law, criminalizing the “malicious” production or dissemination of “any news, information, data or reports, which is or are wholly or partly false.” Later that same month, Salah Salem Saleh Sulaiman, a Danish national of Yemeni descent, pled guilty to maliciously creating and publishing fake news and was fined RM10,000 ($2,500) for posting a video on social media in which he alleged police did not respond promptly to emergency calls following the assassination of Palestinian lecturer Fadi Albatsh on April 21. Parliamentarians voted to repeal the law in August, but the opposition-controlled Senate overturned the decision, postponing the law’s repeal for as long as one year.
The former government sometimes barred online media from covering government press conferences.
Violence and Harassment: Journalists were subject to harassment and intimidation, especially in the run-up to the general election.
Censorship or Content Restrictions: The former government censored media, primarily print and broadcast media; the new government maintained the ability to censor media but did not use this power as frequently. In addition to controlling news content by banning or restricting publications believed to threaten public order, morality, or national security, the former government prosecuted journalists for “malicious news,” and took little or no action against persons or organizations that abused journalists. The law requires a permit to own a printing press, and printers often were reluctant to print publications critical of the government due to fear of reprisal. Such policies, together with antidefamation laws, inhibited independent or investigative journalism and resulted in extensive self-censorship in the print and broadcast media.
On election night the MCMC reportedly instructed internet service providers to block access to independent media outlets such as Malaysiakini, which were publishing unofficial election results indicating a possible win by the Pakatan Harapan opposition coalition. The new government ordered an investigation into the matter.
The government occasionally censored foreign magazines, newspapers, and news programming, most often due to sexual content.
Government restrictions on radio and television stations mirrored those on print media, and all also predominantly supported the government. News about the opposition in those media remained restricted and biased. Television stations censored programming to follow government guidelines.
The government generally restricted publications it judged might incite racial or religious disharmony. The Ministry of Home Affairs maintained a list of 1,653 banned publications as of March 2017. In April 2018 the ministry banned six books whose contents it judged could be detrimental to public order, morality, or public interest, including texts that contained “elements promoting liberalism that can cause confusion among some readers.” In January the court of appeal ruled a 2015 ban on three books by novelist Faisal Musa violated the author’s freedom of speech. The previous government appealed the decision, but in October the new government withdrew the appeal and instructed the Ministry of Home Affairs to remove the titles from its list of banned publications.
Libel/Slander Laws: The law includes sections on civil and criminal defamation. Criminal defamation is punishable by a maximum two years’ imprisonment, a fine, or both. True statements can be considered defamatory if they contravene the “public good.” The government and its supporters used these laws, along with provisions against sedition, to punish and suppress publication of material critical of government officials and policies. In August prosecutors charged a member of the opposition United Malays National Organization (UMNO) under the Communications and Multimedia Act for allegedly insulting another UMNO member on Facebook. The accused’s attorney questioned why prosecutors dropped similar charges against members of the ruling coalition.
National Security: Authorities under the former government occasionally cited national security laws to restrict media distribution of material critical of government policies and public officials.
Nongovernmental Impact: NGOs sympathetic to the former government sought to limit freedom of expression through criminal complaints of allegedly seditious speech. Such NGOs also sometimes attempted to intimidate opposition groups through demonstrations.
Internet Freedom
The government generally maintained a policy of restricted access to the internet. Authorities blocked some websites and monitored the internet for email messages and blog postings deemed a threat to public security or order. Following the May election, the new government restored access to several online media outlets that were previously blocked, including Sarawak Report and Medium.
Authorities restricted internet freedom to combat dissenting political views online. In August the minister of religious affairs stated government authorities would monitor “LGBT (lesbian, gay, bisexual, and transgender) issues, as well as liberal Islam” on social media.
The government warned internet users to avoid offensive or indecent content and sensitive matters such as religion and race, and aggressively pursued charges against those criticizing Islam, the country’s royalty, or its political leaders.
In July authorities opened an investigation into lawyer Fadiah Nadwa under the Sedition Act and Communications and Multimedia Act in relation to a blog post in which she criticized the royalty.
In February a man was sentenced to a RM20,000 ($5,000) fine or four months in jail for uploading content to Facebook in 2016 related to the prime minister and attorney general that authorities deemed offensive.
Sedition and criminal defamation laws led to self-censorship by local internet content sources including bloggers, news providers, and NGO activists.
The law requires internet and other network service providers to obtain a license, and permits punishment of the owner of a website or blog for allowing offensive racial, religious, or political content. By regarding users who post content as publishers, the government places the burden of proof on the user in these cases. NGOs and members of the public criticized the law, noting it could cause self-censorship due to liability concerns.
According to the International Telecommunication Union, approximately 80 percent of the population had access to the internet in 2017.
Academic Freedom and Cultural Events
The government placed some restrictions on academic freedom, particularly the expression of unapproved political views, and enforced restrictions on teachers and students who expressed dissenting views. The government requires all civil servants, university faculty, and students to sign a pledge of loyalty to the king and government. Opposition leaders and human rights activists claimed the government used the loyalty pledge to restrain political activity among these groups. Although faculty members sometimes publicly criticized the government, public university academics whose career advancement and funding depended on the government practiced self-censorship. Self-censorship took place among academics at private institutions as well, spurred by fear the government might revoke the licenses of their institutions. The law imposes limitations on student associations and on student and faculty political activity. In February a court ruled on procedural grounds that the University of Malaya should not have disciplined four students for holding political placards during a town hall meeting in 2016. The court did not, however, entertain the students’ claim that the university’s actions violated their right to freedom of expression.
The government regularly censored films, editing out profanity, kissing, sex, and nudity. The government also censored films for certain political and religious content, not allowing, for example, screening of films in Hebrew, Yiddish, or from Israel. Although the government allowed foreign films at local film festivals, it sometimes censored content by physically blocking screens until the objectionable scene was over. Media censorship rules forbid movies and songs that promote acceptance of gay persons (see section 6). The Film Censorship Board banned a controversial Hindi film that featured a relationship between a Hindu queen and a Muslim ruler in medieval India. The board also banned Those Long Haired Nights, a Philippine film about transgender prostitutes.