Freedom of speech, expression has limits

Human Rights Day is observed every year on Dec 10 all over the world including in Malaysia.

On that important day, the United Nations General Assembly adopted, in 1948, the Universal Declaration of Human Rights (UDHR).

The UDHR is a milestone document that proclaims the inalienable rights which everyone is entitled to as a human being regardless of their race, colour, religion, sex, language, political or other opinions, national or social origin, property, birth or other status.

When we talk about human rights, it also includes freedom. All of us have a guaranteed freedom, including freedom of speech and expression.

Freedom of speech and expression is recognised as a human right under Article 19 of the UDHR itself.

Though it is regarded as part of human rights, people need to realise there cannot be total freedom for everything in our life and this includes freedom of speech and expression.

If we allow total freedom to be given to us there will be no difference between us human and animals, that live in the jungle.

Living in a society demands us to cherish tolerance and practice respect towards others.

No one can do as they please using human rights and freedom as a shield.

Recently we were exposed to gruesome news in France over a series of violent acts of extremism due to the publication of a caricature depicting the Holy Prophet Muhammad.

Publication of this caricature is not something new to us as it has been done many times in the past few years.

Western society knows perfectly well the impact of a publication of such a caricature, especially for Muslims.

The main question that needs to be asked is why they were unable to take heed over such a sensitivity and prevent the publication of such caricature entirely?

In answering this question, many will say the publication of such caricatures is part of their freedom of speech and expression. The west used freedom of speech and expression as a shield for them to continue publishing them.

If the west so cherishes freedom of speech and expression, they would certainly allow everybody to say anything they wish against the interest of the Jews and Israel.

In reality, whenever people try to say anything against the Jews or even against Israel, they always raise the issue about limits to freedom of speech and expression.

No one is permitted to say anything if the statements are against the interest of the Jews and Israel.

There are laws in certain European countries which can prosecute anyone for saying anything against the Jews and Israel, especially when it concerns the holocaust event that took place during the Second World War (1939 – 1945).

If the west can accept the reality that freedom of speech and expression has its limits when it touches the interests of Jews and Israel, why can’t they accept the same reality over the limitation of such freedom of speech and expression when it comes to the publication of caricatures depicting the Holy Prophet Muhammad?

Western society needs to be educated again about the concept of freedom of speech and expression.

Freedom of speech and expression is recognised as a part of freedom enjoyed by every human being.

Such freedom is also considered a human right and guaranteed under Article 19 of the UDHR, and recognised in international human rights law in the International Covenant on Civil and Political Rights 1966 (ICCPR).

Article 19 of the UDHR states that “everyone shall have the right to hold opinions without interference and everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice”.

However, it is important for us to take note that the version of Article 19 later was amended in the ICCPR by stating that the exercise of these rights carries “special duties and responsibilities” and may “therefore be subject to certain restrictions” when necessary “(f)or respect of the rights or reputation of others” or “(f)or the protection of national security or of public order (order public), or of public health or morals”.

Due to these amendments, Article 19 of the ICCPR is now being expressed as follows:

(1) Everyone shall have the right to hold opinions without interference;

(2) Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice; and

(3) The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities.

It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:

a) For respect of the rights or reputations of others;

b) For the protection of national security or of public order (order public), or of public health or morals.

Based on this amendments, freedom of speech and expression, therefore, may not be recognised as being absolute, and limitations or boundaries to freedom of speech and expression need to be taken into account and enforced such as libel, slander, obscenity, sedition, incitement, fighting words and public security.

Muzaffar Syah Mallow is a senior lecturer of Faculty of Syariah and Law at Universiti Sains Islam Malaysia (USIM). Comments: letters@thesundaily.com