LETTERS: People should be encouraged to speak up. Their freedom and right to speak should be valued and protected as they are basic human rights.
Such a right is clearly stipulated under Article 19 of the Universal Declaration of Human Rights 1948 (UDHR) and recognised in international human rights law in the International Covenant on Civil and Political Rights 1966 (ICCPR).
The freedom of speech and expression is also protected under our Federal Constitution, the highest law of the land where one can refer to Article 10 (1) (a).
Article 19 of the UDHR 1948 highlights such freedom and basic right. However, we do have to accept the fact that no freedom and basic human rights can be absolute and this includes freedom of speech and expression.
Article 19 of the UDHR 1948 was later amended in the ICCPR 1966 by stating that the exercise of such freedom and 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".
The same goes to freedom of speech and expression, which is guaranteed under our Federal Constitution where it too is subject to limitation, according to Article 10 (2) (a) of the Federal Constitution.
Such limitation, however, does not mean that we should shut the door for people to speak and express their views and opinions.
Differences in views and opinions should be resolved through discussions and debates, not through legal actions, arrests, prosecutions, fines or imprisonments.
DR MUZAFFAR SYAH MALLOW
Associate Professor,
Faculty of Syariah and Laws,
Universiti Sains Islam Malaysia
The views expressed in this article are the author's own and do not necessarily reflect those of the New Straits Times