Authored By: Tan Zhi Qin
Brickfields Asia College
Abstract
This paper looks at why freedom of speech matters in democratic countries, with a special focus on Malaysia. It shows how the ability to speak freely allows people to share ideas, stand up against injustice, and be part of important decisions that affect their lives. The essay also highlights the role of civil society, schools, and online platforms in encouraging open conversations about sensitive issues like race, religion, and child marriage. It explores both the laws in Malaysia that support free speech and the ones that restrict it. By comparing Malaysia with countries like Norway — where free speech is widely protected — and China— where it’s heavily controlled — the essay shows the importance of finding the right balance. While it’s necessary to limit harmful content, protecting people’s right to express themselves is just as crucial for keeping democracy strong and encouraging honest public dialogue.
Introduction
Freedom of speech is a fundamental right in democratic societies, forming the foundation of liberty and personal autonomy. It empowers individuals to share their ideas, beliefs, and criticisms without fear of government interference or censorship. This right is key to safeguarding all our other freedoms and is essential to keeping a society truly free. By ensuring that every voice — including those of minorities and dissenters — can be heard, freedom of speech not only upholds individual self-expression but also supports the very existence of democracy.
The phrase “moral renovator” suggests that free speech serves as a tool to improve, update, and strengthen our society and its core values — much like renovating a house. In this metaphor, exercising our right to free expression enables us to identify and correct moral shortcomings, similar to repairing flaws in a building’s structure. Additionally, open dialogue allows us to bring in fresh perspectives and innovative ideas, much like adding new doors that open to new possibilities.
People have been fighting for freedom of speech for as long as societies have existed. But in today’s digital world, this freedom faces new and complicated challenges. The internet and social media have completely changed how we share and access information, giving more people a voice than ever before. At the same time, though, they’ve opened the door to serious problems — like the spread of fake news, online bullying, and digital surveillance. All of this makes us stop and think: how far should free speech go, and what responsibilities come with it in the online age?
The importance of speaking freely in a country
Open communication not only enhances mutual understanding but also strengthens democracy by encouraging discussions on all matters, even sensitive or controversial ones, without fear of repression.1 In some cases, it enables society to pursue truth and accountability.2 For citizens to make informed decisions about how their society should function, they must have access to accurate and reliable information. This is only possible when people feel safe speaking out about issues that impact their communities.
Furthermore, freedom of expression promotes equal treatment for minority groups who are often marginalized or overlooked in policymaking. In a truly democratic society, every voice deserves to be heard, regardless of social or political status. Suppressing vital information can allow problems to grow unchecked, making them more difficult to address in the long run. A notable example of this occurred in China, where a doctor who tried to raise the alarm about the outbreak of Covid-19 was silenced by authorities and accused of spreading false information. The delay in addressing the virus contributed to a global pandemic and the loss of millions of lives.
The impact of freedom of speech in various aspects
Race Religion: Undeniably, ethnic and racial issues have always been sensitive topics in Malaysia, largely due to the country’s diverse population. It is because each group has its own unique cultural identity and historical background, which adds to the complexity of these discussions. Although these varied cultures’ interactions frequently result in lively cultural exchanges, they can also cause conflicts and misunderstandings. Some discussions involved in the centre consist of affirmative action, economic inequality, and political representation policies. As a result, it makes talking about racial and ethnic concerns both important and sensitive.
Over time, child marriage has been a huge and controversial topic, with approximately 15,000 cases recorded in Malaysia.3 Under Islamic Family Law (Federal Territory) Act 1984 , the minimum marriage age required for the muslim is 18 for males and 16 for females. This has drawn attention to UNICEF as this has violated human rights and barriers to education and gender equality. Individuals and advocacy groups can use free speech to push for legal reforms, raise awareness on child marriage, and support children’s rights through education. Open dialogue allows diverse voices to influence policy and drive societal progress.
Moreover, the right to free speech is essential for debating and criticising current laws and regulations that have the potential to support racial discrimination, promoting equality at the same time. For example, ongoing debates around Malaysia’s affirmative action policies highlight concerns about potential bias against non-Bumiputera groups. Open discussion helps in improving these laws to make them more equal.
Internet: With the rise of social media, freedom of speech on the internet is inevitable and more influential than ever before. One of the impacts of freedom of speech in the media is the wide distribution of information and awareness to the masses. During the COVID-19 pandemic, the Malaysian government shared updates through official channels like the MOH website and COVID-19 portal. With an official information provision available, health professionals and organisations tend to use social media and websites to promote public health measures, helping the public respond effectively to the crisis. It would include case numbers, vaccination development, standard operating procedures (SOPs), and public health advisories.
Moreover, several local platforms have benefited significantly from providing freedom of speech as shown in economic activity. Malaysiakini, a leading independent news portal in Malaysia with over 2.5 million monthly readers, operates on a subscription-based model supported by online ads. Between 2019 and 2022, it has shown a 26% rise in active subscribers and a 74% increase in subscription revenue.4 This growth shows that there’s a strong demand for independent journalism and that platforms supporting free expression can also thrive financially.
Some limitations established
On December 15, 2023, Malaysia’s MCMC reported a significant increase in harmful content on social media and streaming platforms compared to the year 2022, raising concerns over online safety. The government’s response includes a plan to regulate social media and messaging platforms through a licensing system, along with legislation to tackle these issues. In all circumstances, rights are limited by Malaysia legal provisions. Those include Articles 10, 11, 149, 150, and there are 16 permissible restrictions on freedom of expression. In the Federal Constitution, Article 10 guarantees freedom of speech.5
In April 2018, the Malaysian government under former Prime Minister Najib Razak introduced the Anti-Fake News Act as a legislative measure.6 A few weeks after it was put into effect, the UN Special Rapporteur on freedom of expression expressed concern that the Act might violate international human rights standards and could be abused to suppress criticism and silence opposing voices. Even after the Act, other laws such as the Communications and Multimedia Act 1998 and the Penal Code have been used to take legal action against those accused of spreading fake news. The application of these laws has often been criticized for restricting freedom of speech and expression.
In Malaysia, legislation has been used to block access to online content related to race, religion, and royalty (3R issues), limiting public discourse and promoting only state-approved narratives. This form of censorship poses a serious threat to internet freedom, restricting users’ access to diverse information and limiting content creators’ freedom of expression.The Open Observatory of Network Interference (OONI) reported that, as of December 2022, 217 websites were blocked in Malaysia. These included 24 focused on human rights, 19 on gambling, 18 on LGBT issues, 15 news sites, 13 containing pornography, and 7 on religion.
Such restrictions raise concerns about the balance between national interests and individual rights, as they risk silencing dissent, marginalizing minority voices, and weakening democratic engagement in the digital space.7
Notably, while the Malaysian government’s intent to address online harms is understandable, the proposed amendments to the Communications and Multimedia Act, along with other regulatory measures, risk undermining fundamental rights to privacy and freedom of expression. And it is expressed that true reform must prioritize human rights, uphold due process, and involve meaningful engagement with civil society.8
Comparison with different countries
Scandinavian countries: Norway, Denmark, and Sweden, along with democratic backsliders like Hungary and Venezuela, exhibit the highest levels of support for free speech.9 The published work “Strategy for Promoting Freedom of Expression in Norwegian Foreign and Development Policy” highlights the government’s strong commitment to advancing free speech globally.10
China: The media is heavily controlled by the government, given that most prominent media organisations operate under the influence or affiliation of the Chinese Communist Party (CCP)). Content related to liberal democracy, Taiwan’s independence, the 1989 Tiananmen Square protests, separatist movements in Xinjiang and Tibet, the 2014 Hong Kong protests, and groups like Falun Gong are strictly censored.
Social media platforms such as Twitter, Facebook, and Google are banned, and books or foreign films face heavy restrictions.11 Alternatively, Chinese users rely on local search engines like Baidu, which operates under strict government regulations and censorship guidelines. Although China’s constitution mentions free speech, vague wording allows broad state interpretation. For instance, the Article 5 of the “Computer Information Network and Internet Security, Protection and Management Regulations,” issued by the Ministry of Public Safety in 1997.
Conclusion
Freedom of speech remains one of the most essential pillars of any democratic society, enabling open discourse, societal progress, and the protection of individual rights. It is shaped by regulatory developments, legal frameworks, and enforcement practices. The fundamental foundation of democracy is threatened and the possibility for societal progress is stifled when people are not allowed to express themselves freely. In order for people to make educated decisions, freedom of expression guarantees that information can be freely received and transmitted. It is essential to a free, dynamic society where discussion and debate drive advancement and restrain the authority of the state.
Comparing global approaches, such as the openness of Scandinavian countries versus the strict control in China, highlights the importance of upholding this right as a foundation for democratic resilience and accountability. As Malaysia continues to evolve, meaningful reforms that prioritize transparency, human rights, and civic engagement are essential to ensure that freedom of speech remains protected for future generations.
