Defamation vs Freedom Of Speech In Malaysia

Pursuant to Article 10(1)(a) of the supreme law of the land viz. the Federal Constitution, it is well enunciated that every citizen has the right to freedom of speech and expressions. Be that as it may, every general rule comes with exceptions and/or certain restrictions to avoid any rights from being abused. Article 10(2)(a) further states that the parliament may impose such restrictions as it deems necessary or expedient to provide against contempt of court, defamation, or incitement to any offence.

The above essentially and fundamentally means that the freedom of speech and expression are undeniably constitutional rights, which have its own limitation. It may be both timely and imperative to determine the parameters of defamation law taking into account its twin objectives of protecting reputation and maintaining freedom of speech.