Malaysia

Malaysia

Right	Section	Contents
Freedom of Association	History	The 1957 Federal Constitution of Malaysia is the first piece of legal documentation that assured the right to freedom of association in Malaysia after it gained complete independence from British rule. The document declares that “all citizens have the right to form associations” in Section 1C of article 10 concerning the right to freedom of speech, assembly, and association (Malaysia 1957). Article 10, Section 2C states that " "Parliament may by law impose ... on the right conferred by paragraph (c) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, public order or morality." Article 10 Section 3 states: "Restrictions on the right to form associations conferred by paragraph (c) of Clause (1) may also be imposed by any law relating to labour or education." References: 1957 Malaysia Constitution: http://www.commonlii.org/my/legis/const/1957/2.html
Freedom of Expression	History	The 1957 Constitution of Malaysia declares in Article 10, Section 1(a) that "every citizen has the right to freedom of speech and expression." Article 10, Section 2(a) modifies this, stating: "Parliament may by law impose ... on the rights conferred by paragraph (a) of Clause (1),such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, friendly relations with other countries, public order or morality and restrictions designed to protect the privileges of Parliament or of any Legislative Assembly or to provide against contempt of court, defamation, or incitement to any offence". References: 1957 Malaysia Constitution: http://www.commonlii.org/my/legis/const/1957/2.html
Freedom of Religion	History	Article 11, Clause 1 of Malaysia’s 1957 Constitution contains the first assertion of freedom of religion in the country’s independent history: "Every person has the right to profess and practice his religion and, subject to Clause (4), to propagate it." The article’s 4th clause, to which clause 1 referred, stipulates that “State law and in respect of the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, federal law may control or restrict the propagation of any religious doctrine or belief among persons professing the religion of Islam.” Furthermore, Article 11, Clause 5 offers a further condition: "This Article does not authorize any act contrary to any general law relating to public order, public health or morality." Article 11, Clause 2 asserted that citizens would not be required to pay taxes in support of any religion that was not their own, and Article 11, Clause 3 specified the rights of religious groups: "Every religious group has the right - (a) to manage its own religious affairs; (b) to establish and maintain institutions for religious or charitable purposes; and (c) to acquire and own property and hold and administer it in accordance with law." Finally, Article 3, Clause 1 offers a general guarantee of freedom of religious practice: "Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation." References: 1957 Malaysia Constitution: http://www.commonlii.org/my/legis/const/1957/2.html
Freedom of the Press	History	According to Reporters Without Borders, "Press freedom is theoretically guaranteed by article 10 of the constitution, which provides for the freedom of expression." However, Malaysia’s Constitution contains no explicit protections on press freedom. References: 1957 Malaysia Constitution: http://www.commonlii.org/my/legis/const/1957/2.html Malaysia's Constitution of 1957 with Amendments through 2007: https://www.constituteproject.org/constitution/Malaysia_2007.pdf
Privacy Rights	History	Data privacy was guaranteed by the Personal Data Protection Act of 2010. This law came into force in 2013 and is focused on data privacy specifically rather than privacy rights generally. References: https://thelawreviews.co.uk/title/the-privacy-data-protection-and-cybersecurity-law-review/malaysia Malaysia's Constitution of 1957 with Amendments through 2007: https://www.constituteproject.org/constitution/Malaysia_2007.pdf
Voting Rights and Suffrage	History	Under Article 119 of the 1957 Constitution, every citizen of Malaysia who is the age of 21 years or older, is a resident in a constituency, and is registered as an elector in the constituency in which he/she resides is eligible to vote in elections to the House of Representatives or the Legislative Assembly. References: 1957 Malaysia Constitution: http://www.commonlii.org/my/legis/const/1957/2.html