Internal Security Act Malaysia Case Study

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In their Report, the Reid Commission (that was entrusted with the job of drafting the Merdeka Federal Constitution) mentioned that the rights they were recommending had already been firmly established throughout Malaya and the guarantee of the fundamental rights would be provided by the mechanisms of: the Constitution being the supreme law; ‘the power and duty of the Courts to enforce these rights’; and, ‘the Courts would annul any attempt to subvert any of them whether by legislative or administrative action or otherwise’. One of Malaysia’s most pressing acts against human rights is the Internal Security Act 1960 (ISA). The stated purpose of the ISA was to deter communist activity in Malaysia during the Malayan Emergency and afterwards. The first Prime Minister of Malaysia, Tunku Abdul Rahman, defined the purpose of the act as to “be used solely against the communists.” Ironically, due to the alleged draconian nature of the ISA, several human rights organisations and opposition political parties have strongly criticised the act and called for its repeal.…show more content…
Pung Chen Choon, it was argued that the restrictions placed by section 8(A)(1) of the Act on freedom of speech violated Article 10 of the Constitution. The Supreme Court held that although the Act did restrict freedom of speech, such restrictions were permitted by Articles 4(2) and 10(2) of the Constitution, and that the right to freedom of speech was not an absolute right. While the Constitution of Malaysia does allow freedom of speech and for the press, there is a very crucial limitation as Supreme Court Justice Edgar Joseph describes it as: “The Government of this country has always recognized the important influence which the press exerts on the public mind, especially in the area of politics, and understandably, therefore, it has enacted laws which have imposed wide control over publications
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