FREEDOM OF SPEECH / FREEDOM OF EXPRESSION


FREEDOM OF SPEECH / FREEDOM OF EXPRESSION

Freedom of speech is the freedom to speak without censorship and/or limitation. The synonymous term freedom of expression is sometimes used to indicate not only freedom of verbal speech but any act of seeking, receiving and imparting information or ideas, regardless of the medium used [United Nations, 1966, 1976]. The right to freedom of speech is recognized as a human right under Article 19 of the Universal Declaration of Human Rights and recognized in international human rights law in the International Covenant on Civil and Political Rights (ICCPR). The ICCPR recognizes the right to freedom of speech as "the right to hold opinions without interference. Everyone shall have the right to freedom of expression". Furthermore freedom of speech is recognized in European, inter-American and African regional human rights law [United Nations, 1966, 1967]. Freedom of speech, or the freedom of expression, is recognized in international and regional human rights law. The right is enshrined in Article 19 of the International Covenant on Civil and Political Rights, Article 10 of the European Convention on Human Rights, Article 13 of the American Convention on Human Rights and Article 9 of the African Charter on Human and Peoples' Rights [Andrew Puddephatt & Hodder Arnold, 2005; Kumar, Ambika, 2006].

In Islamic ethics freedom of speech was first declared in the Rashidun period by the caliph Umar in the 7th century. In the Abbasid Caliphate period, freedom of speech was also declared by al-Hashimi (a cousin of Caliph al-Ma'mun) in a letter to one of the religious opponents he was attempting to convert through reason.

According to George Makdisi and Hugh Goddard, "the idea of academic freedom" in universities was "modelled on Islamic custom" as practiced in the medieval Madrasah system from the 9th century. Islamic influence was "certainly discernible in the foundation of the first deliberately-planned university" in Europe [Boisard, Marcel A., 1980].

* Selected REFERENCES / Sources:


Amnesty International: Annual Reports: URLhttp://www.amnesty.org/ailib/aireport/index.html Andrew Puddephatt & Hodder Arnold. (2005). Freedom of Expression: The Essentials of Human Rights. United Publishers. Boisard, Marcel A. (July 1980), "On the Probable Influence of Islam on Western Public and International Law", International Journal of Middle East Studies 11 (4): 429–50. Goddard, Hugh. (2000). A History of Christian-Muslim Relations. Edinburgh: Edinburgh University Press. Kumar, Ambika. (2006). ‘Using Courts to Enforce the Free Speech Provisions of the International Covenant on Civil and Political Rights.’ Published by Chicago Journal of International Law. Summer 2006. URLhttp://www.allbusiness.com/corporate-governance/4082846-1.html United Nations: ‘International Covenant on Civil and Political Rights.’ Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16th December 1966: Entry into force 23 March 1976, in accordance with Article 49. URLhttp://www2.ohchr.org/english/law/ccpr.htm (United Nations) Wikipedia. (2010). ‘Freedom of Speech.’ Wikimedia Foundation, Inc. URLhttp://en.wikipedia.org/wiki/Freedom_of_expression

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25 January 2021

Syed Saddiq’s Muda sues home minister, asks court to order RoS to approve party’s registration !!

SOURCE: https://malaysia.news.yahoo.com/syed-saddiq-muda-sues-home-083334695.html BY Ida Lim Sun, 24 January 2021 Syed Saddiq’s Muda sues home minister, asks court to order RoS to approve party’s registration Muda members pose for a photo during a press conference at the Dang Wangi LRT station in Kuala Lumpur, January 5, 2020. — Picture by Shafwan Zaidon Muda members pose for a photo during a press conference at the Dang Wangi LRT station in Kuala Lumpur, January 5, 2020. — Picture by Shafwan Zaidon KUALA LUMPUR, Jan 24 — Youth outfit Malaysian United Democratic Alliance (Muda) has sued both the home minister and the Registrar of Societies (RoS) in the High Court in Kuala Lumpur, in a bid to finally be registered as a political party after months of waiting for approval. In its lawsuit filed on January 12, Muda via its 13 co-founders, including Muar MP Syed Saddiq Abdul Rahman, is seeking a court order to quash the home minister’s and RoS’ written January 6 decision to refuse to register Muda as a political party. Muda is also asking the court to issue a mandamus order to order the home minister and RoS to register it as a society under the political party category within seven days from the date of the court order. As part of its lawsuit, Muda is also seeking compensation from the home minister and RoS. The 13 who had filed the court challenge via a judicial review application are Syed Saddiq, Amir Hariri Abd Hadi, Dr Mathen Muniasupran, Dr Teo Lee Ken, Dr Thanussha Francis Xavier, Lim Wei Jiet, Luqman Long, Mohd Fakhruradzi Tajuddin, Mohd Saufy Nizar Abdul Rahman, Nur Afiqah M. Zulkifli, Shahrizal Denci, Siti Rahayu Baharin and Tarmizi Anuwar. How it started and what the home minister said In an affidavit filed to support the lawsuit, Syed Saddiq listed the chronology of events in Muda’s bid to be recognised officially as a political party, starting with Muda’s September 17, 2020 written application to the RoS, followed by a meeting with the RoS on September 28 at the latter’s invitation. Syed Saddiq said RoS Societies’ Management Department’s director Mohd Rejab Ramli had at the meeting said changes needed to be made to Muda’s proposed constitution before its registration as a political party could be approved, with Muda on October 6 submitting a revised party constitution and informing RoS that it would provide full cooperation to speed up the registration process. Syed Saddiq said Muda had on October 20 emailed RoS to ask about the status of the application, with RoS replying the same day to say they were waiting for feedback from other departments. Syed Saddiq said that there was still no updates from RoS by early November, and that he had on November 3 morning met with Home Minister Datuk Seri Hamzah Zainuddin in Parliament to ask about Muda’s registration, claiming that Hamzah had then asked him to write a letter to ask for his assistance instead of just relying on the official route of registration through RoS. Syed Saddiq said he had on November 3 afternoon written to Hamzah to seek help to expedite Muda’s registration with the RoS, and that he had subsequently asked Hamzah again about the matter while in Parliament. “I was surprised at the minister’s reply. He said that I had so far never voted as a MP in support of government Bills. The minister went on to say that even if I opposed government Bills, I should not attend sessions of the Dewan Rakyat when voting took place. “I was shocked. I replied to say that I cannot abdicate my duty as an MP and will always vote in accordance with my conscience and in the interests of my constituents,” Syed Saddiq said. Syed Saddiq said Hamzah’s political secretary on November 10 informed him that Muda’s November 3 letter to Hamzah had been forwarded to RoS along with a note for RoS to take note, and that Muda had provided bankruptcy searches of all its 13 co-founders to RoS on November 25 as requested by the RoS. Syed Saddiq said he had on November 26 requested for a meeting with the RoS to discuss Muda’s application but did not receive a response, and had on December 9 received a copy of Hamzah’s political secretary’s December 8 letter to RoS to request for immediate action on Muda’s November 3 letter. Syed Saddiq noted that this was just days before December 15, where MPs in the Dewan Rakyat were scheduled to vote on the third and final reading of the Budget 2021, adding that there were much uncertainty and tension as the ruling government which Hamzah belonged to only had a very slim majority, and that failure to have the Budget passed would amount to a loss of confidence in Prime Minister Tan Sri Muhyiddin Yassin and the Cabinet’s resignation which would have also meant Hamzah losing his ministerial position. Syed Saddiq said it was among such a situation that he had the chance to speak to Hamzah again on December 13 about Muda, but noted that Hamzah replied “to say that I should ‘commit myself’ to the prime minister”. “He reminded me that I had hitherto been voting against the government in Parliament,” Syed Saddiq said, adding that he again responded by saying he has to vote according to his conscience and in the interests of Muar voters as MP for Muar. The Budget 2021 was subsequently passed in the Dewan Rakyat but only by a very slim margin, with 111 MPs in support and 108 MPs objecting. Syed Saddiq said that Muda had — after waiting over three months — on December 21 issued a letter of demand to RoS for the party to be registered within seven days, and was preparing to file a lawsuit against RoS when the latter finally made its decision in January 2021. The rejection, four months later Syed Saddiq said RoS had on January 6 emailed its decision to reject Muda’s application for registration as a political party but without giving any reason for the rejection, with Mohd Rejab making the decision on behalf of RoS. Syed Saddiq said Muda later received a January 6 rejection letter by RoS which said that it had not complied with the Societies Act’s provisions on the party’s constitution. But Syed Saddiq disputed this by arguing that Muda had complied with the provisions after sending in the revised constitution and that RoS could have informed Muda if there were anything that needed to be changed in order to comply, also noting that the January 6 letter did not specify the exact provision under the Societies Act’s First Schedule which RoS claimed Muda had not complied with. Syed Saddiq claimed that the RoS’ rejection of Muda’s application is invalid as the government body had acted beyond its powers under the Societies Act’s Section 7, arguing that the provision gave RoS little or no discretion in the matter and that RoS was required under that law to register Muda. He also argued that the decision to reject Muda’s application was in breach of the Federal Constitution’s Article 10(1)(a) and Article 10(1)(c) — the right to freedom of speech and expression and the right to form associations—and Article 119 — regarding voters’ right to vote. Syed Saddiq said that the “true reason” for Hamzah’s refusal to allow RoS to register Muda as a political party was shown by the remarks he had made to Syed Saddiq. “In consequence, neither the RoS nor the minister exercised their statutory duties under the Act in good faith,” he said, adding that both Hamzah and the RoS had taken into account irrelevant factors while disregarding relevant considerations, further arguing that this made the January 6 rejection invalid in law. Alternatively, Syed Saddiq argued that both Hamzah and the RoS had acted so unreasonably that no other authority would have acted in the same manner, arguing that this was a ground for the court to declare the rejection as invalid. While acknowledging that Section 18 of the Societies Act gives Muda the option to appeal to the home minister over the rejection of the registration bid, Syed Saddiq said that Hamzah had already “pre-determined” the matter and that it would be “fruitless” to appeal to the minister, in light of the remarks allegedly made by Hamzah. Syed Saddiq then asked the court to grant the orders that Muda was seeking. Also in his affidavit, Syed Saddiq had highlighted how Muda and its supporters had been deprived of having a political party to exercise their rights to join in Malaysia’s political and democratic process, noting as an example that election laws would disallow Muda from using its party logo for its candidates in the next general election (GE15) if it was not registered by the RoS. “The failure to register Muda will therefore gravely hamper the preparation by Muda and its candidates for GE15 or any future by-elections. This will result in severe prejudice to Muda, our candidates and our voters,” he said, adding that the failure of RoS would deprive voters of the opportunity to vote for Muda in any election and that this violates voters’ right to vote under Article 119. The hearing for Muda’s application for leave for judicial review is set to be heard through video-conferencing at 10am tomorrow before High Court judge Datuk Seri Mariana Yahya.

08 January 2021

Trump's political future in peril after Capitol attack, advisers say!!!

SOURCE: https://malaysia.news.yahoo.com/trumps-political-future-peril-capitol-112456465.html Trump's political future in peril after Capitol attack, advisers say
U.S President Donald Trump gives an address a day after his supporters stormed the U.S. Capitol in Washington Jeff Mason Fri, 8 January 2021 By Jeff Mason WASHINGTON (Reuters) - The violent assault on the U.S. Capitol by President Donald Trump's supporters and his long refusal to accept the results of the 2020 election have jeopardized the president's political future and tainted prospects for his top lieutenants and family members, current and former administration officials said. The Republican president has dangled the possibility of running for president in 2024, and political operatives had expected him to exert influence over the Republican Party for years to come. But his behavior on Wednesday - goading supporters to march on the Capitol to encourage lawmakers to overturn Democrat Joe Biden's win in the Nov. 3 election, and then failing quickly to call on them to stand down after violence ensued - has sickened people who work and used to work for him and, they said, changed the equation for his post-presidential relevance. "It was a dereliction of duty as commander-in-chief and I think he will be mortally wounded from a political career going forward," one former White House official who worked for Trump said on Thursday. "He has blood on his hands from yesterday. A woman died." Trump supporters broke into the Capitol, pushed past police, and roamed through the building, forcing lawmakers and Vice President Mike Pence to evacuate. One woman died after being shot by police; three other individuals died of medical emergencies. "There's no recovering from what happened. It was sedition. I don't see how there's a future," said another former administration official, referring to Trump and his top aides. "I think the Cabinet members that stayed and that aren't speaking out now or even quietly resigning have a stain forever." The former administration official singled out Secretary of State Mike Pompeo, a Trump acolyte who may have presidential ambitions, for not doing more to condemn what happened. Pompeo issued a tweet in which he called the violence "unacceptable." The State Department declined to comment further. U.S. Transportation Secretary Elaine Chao announced on Thursday she would resign, as did Secretary of Education Betsy DeVos, who cited the impact of Trump's rhetoric in spurring the Capitol melee. Other lower level administration officials have announced their departures, too, with roughly two weeks to go before the end of Trump's administration. The president came as close as he has to a concession in a video statement on Thursday night in which he pledged to work towards a smooth transfer of power to the new administration and called the violence at the Capitol a "heinous attack." But the statement was late, and it came after intervention from his daughter, Ivanka, according to one current White House official, who noted that the political hit from the week's events would extend to his family members, such as daughter-in-law Lara Trump, a potential candidate for the U.S. Senate in North Carolina. The former officials who spoke to Reuters for this story had been broadly supportive of the president, even after leaving their posts earlier in his four-year tenure. Trump has raised massive amounts of money in the period since the election, capitalizing on discontent he has fomented by falsely claiming the election was rigged against him through widespread voter fraud. But another former White House official said the president's ability to bring in cash would be inhibited now, too, with the exception of smaller donations from still-ardent supporters in his political base. "I think anything above low-dollar-crazy is going to be a problem," the former official said. "Anything above the $100 giver is out." Many elected officials within the Republican Party have turned on Trump because of the violence, a break that could lessen his leverage over the political futures of other Republicans as well as his own. Senator Lindsey Graham, a long-time defender of the president, declared on Wednesday night that "enough is enough" and said Biden had been elected lawfully. "I don't think he's going to be elected to anything else," a third former White House official said of Trump. "As time goes on, he will continue to be a very strong voice and he will have a very big following, but ... I think this lessens the chances that he runs for anything." (Reporting by Jeff Mason; Editing by Mary Milliken, Rosalba O'Brien and Daniel Wallis) .

HOLLYWOOD STARS DIVORCED !! After six years of marriage.....

SOURCE: https://malaysia.news.yahoo.com/divorce-cards-kim-kardashian-kanye-052252661.html Divorce on the cards for Kim Kardashian and Kanye West after six years of marriage Tan Mei Zi Wed, 6 January 2021
Sources say Kim Kardashian and Kanye West are ready to officially part ways. — Reuters pic Jan 6, 2021 — Hollywood couple Kim Kardashian and Kanye West have reportedly called it quits for good. Page Six cited multiple sources saying that “divorce is imminent” for the A-list duo after Kardashian hired high-profile divorce attorney Laura Wasser. “They are keeping it low-key but they are done. Kim has hired Laura Wasser and they are in settlement talks,” said the source. Kardashian and West spent Christmas apart last year, with Kardashian celebrating in California with her family while West took refuge at his ranch in Wyoming. She’s also been spotted sans her wedding ring in recent Instagram posts which further fuelled divorce rumours. The source claims that it was Kardashian’s idea for them to live under separate roofs as they work out plans for the separation. Kardashian has reportedly had enough of West’s antics, which included a slapdash run for the US presidency in 2020 and several public meltdowns on Twitter. “Now this divorce is happening because Kim has grown up a lot. She is serious about taking the bar exam and becoming a lawyer, she is serious about her prison reform campaign. “Meanwhile, Kanye is talking about running for president and saying other crazy s**t, and she’s just had enough of it,” said the source. Kardashian and West tied the knot in 2014 and they have four children together. West previously tweeted about wanting to divorce Kardashian in July last year after she met rapper Meek Mill at a criminal justice summit in 2018. He claimed that Kardashian acted “out of line” while comparing her mother Kris Jenner to North Korean dictator Kim Jong-un. Kardashian later issued a statement explaining that West was suffering from a bipolar disorder episode when he wrote the tweets and called for social media users to show compassion and empathy towards those with mental health issues. -------------------------------------------------------------------------- ALSO SEE, https://malaysia.news.yahoo.com/britneys-ex-husband-part-pro-110700020.html
It's been reported that singer Britney Spears's ex-husband, Jason Allen Alexander, who she married for a total of 55 hours back in 2004 in Sin City, was part of the group. Jason posted a series of selfies showing him wearing a 'Trump 45' hat at the pro-Trump rally that took place right before the Capitol was stormed and turned into an attempted coup. It's unclear as to whether or not he attended the riot the followed, but if he did, TMZ suggest that law enforcement officers will likely be on the lookout for him. . .