A/HRC/7/10/Add.1 page 41 Observations 166. The Special Rapporteur is grateful for the Government’s response. Urgent appeal sent on 18 July 2006 jointly with the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression 167. The Special Rapporteurs brought to the Government’s attention information they had received according to which over the previous month the Internal Security Ministry of Malaysia had banned eighteen books, mainly devoted to the study of inter-religious matters, on the grounds that they could have “disrupted peace and harmony”. Twelve of these books were printed in English and the rest in Malay. The books have been banned under the Printing Presses and Publications Act 1984 section 9(1), by which the Internal Security Ministry of Malaysia may forbid any publication, article, caricature, photograph, report, notes, writing, sound, music, statement or any other expression which it considers: a) To be prejudicial to public order, morality, security, the relationship with any other country; b) To alarm public opinion or be contrary to any law; or c) Is otherwise prejudicial to public interest or national interest. 168. The ban was enforced despite the recent approval, by the Malaysian Government, of the Media Council Bill (2006) which seeks to ameliorate the most restrictive provisions included in the Printing Presses and Publications Act 1984. It was also reported that more than forty-five books have been banned by the Malaysian authorities since 2003. Response from the Government dated 29 May 2007 169. The Government informed that the right of every Malaysian citizen to freedom of opinion and expression is guaranteed by article 10(1) of the Federal Constitution, the highest authority and source of law in Malaysia. This provision is in line with Article 19 of the Universal Declaration of Human Rights. When elaborated in the International Covenant on Civil and Political Rights, the right to freedom of opinion and expression was subject to the following limitation, that “… in the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of … meeting the just requirements of morality, public order and the general welfare in a democratic society”. In line with this, the Constitutional guarantee of the right to freedom of opinion and expression in Malaysia is subjected to the same limitations. Article 10(2) of the Constitution states that Parliament may by law impose restrictions on these rights in the interest of the security of the Federation, friendly relations with other countries, public order and morality. 170. In Malaysia, all matters relating to the use of printing presses and the printing, importation, production, publishing and distribution of materials are regulated by the Printing Presses and Publications Act 1984 (hereinafter referred to as the PPPA). Under Section 7(1) of the PPPA, it allows for the banning of a publication which is prejudicial or likely to be prejudicial to public order, morality, security, the relationship with any foreign country or government, or which is likely to alarm public opinion, or which is likely to be contrary to any law or is otherwise prejudicial to public or national interest. 171. The publication of 18 books of various titles was banned by the Malaysian authorities as the content of the books were found to be inaccurate and contradicting the true teaching of Islam. Such deviations may be prejudicial to public order and security. The Government also attached a

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