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