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 March 2021

Health Minister (M'sia): RM500,000 max compensation to anyone suffering severe side effects post Covid-19 vax

SOURCE: https://www.malaymail.com/news/malaysia/2021/03/22/health-minister-rm500000-max-compensation-to-anyone-suffering-severe-side-e/1959983 Health minister: RM500,000 max compensation to anyone suffering severe side effects post Covid-19 vax Monday, 22 Mar 2021 03:27 PM MYT BY SOO WERN JUN Health Minister Datuk Seri Dr Ahdam Baba holds a press conference in Putrajaya March 22, 2021. — Bernama pic KUALA LUMPUR, March 22 — The government has agreed to compensate individuals who suffer severe adverse effects after being vaccinated for Covid-19. Health Minister Datuk Seri Dr Adham Baba said the compensation is capped at RM500,000 per person, which will be paid out by the National Disaster Management Agency (Nadma). He added that the government has also approved an initial fund of RM10 million for this purpose “The special aid, named Special Financial Aid for Severe Adverse Covid-19 Effects, is a collective effort by the government to assist those who suffer from adverse effects after taking the Covid-19 vaccine,” Dr Adham said in a joint press conference with Science, Technology and Innovation Minister Khairy Jamaluddin. According to Dr Adham, the compensation will be offered in two categories. “Firstly, those who experience serious side effects and need long-term medical treatment will be compensated with RM50,000. “Secondly, those who face permanent disabilities or death will receive a compensation of (not more than) RM500,000,” he said. Explaining further, Dr Adham said the government has set up three committees to observe and assess adverse reactions and safety issues related to Covid-19 vaccines. “The three committees are: the Pharmacovigilance Committee — to observe and assess the adverse reaction following immunisation; the Technical Committee — this committee will decide legitimacy of aid applicant; and the third is the main committee that will give the final approval for the special aid,” he said. When asked about individuals who experienced adverse reactions, and how the Health Ministry attended to these cases, Dr Adham said the reactions were assessed on the spot. “All of them have undergone treatment and been discharged and are waiting for their second dose.” He also said that for those who are receiving their second vaccine dose, this will be done at the hospital, instead of public health clinics or approved centres, for better observation. .

RM48 millions forfeited from accounts of Jho Low’s father now belongs to Government !!

SOURCE: https://www.malaymail.com/news/malaysia/2021/03/25/rm48m-forfeited-from-accounts-of-jho-lows-father-now-belongs-to-govt/1960918?utm_source=izooto&utm_medium=push_notifications&utm_campaign=RM48m%20forfeited%20from%20accounts RM48m forfeited from accounts of Jho Low’s father now belongs to govt Thursday, 25 Mar 2021
More than RM48 million seized from seven bank accounts belonging to Tan Sri Larry Low Hock Peng, the father of fugitive businessman Low Taek Jho or Jho Low (pic), now belongs to the government of Malaysia. — Picture via Facebook KUALA LUMPUR, March 25 — More than RM48 million seized from seven bank accounts belonging to Tan Sri Larry Low Hock Peng, the father of fugitive businessman Low Taek Jho or Jho Low, who was charged in the 1Malaysia Development Bhd (1MDB) scandal, now belongs to the Government of Malaysia. This follows High Court Judge Mohamed Zaini Mazlan’s order that the money be forfeited by the government after Malaysian Anti-Corruption Commission (MACC) deputy public prosecutor, Shafinas Shabudin as the applicant announced there was no third party present in court to claim the money amounting to RM48,491,064. “Notice to the third party was issued on March 11 this year, however no third party was present in court today to claim the money. “As there was no third party present to claim and the asset was proposed to be forfeited, the prosecution is seeking for the assets to be forfeited by the Government of Malaysia,” said Shafinas. Larry Low as the respondent was not represented by any lawyer and he himself was not present in court. Meanwhile, when met by reporters after the proceeding, Shafinas said the money involved were RM20,784,952.56, RM300,000, RM500,000 and RM20 million seized from current and fixed accounts of the respondent at the KLCC branch of RHB Bank. According to Shafinas, RM6,242,593.10, RM345,496.47 and RM318,021.95 were also confiscated from the fixed and current accounts of the respondent in Maybank Plaza Gurney branch, Penang. On July 19, 2019, Judge Mohamed Zaini allowed the application of the prosecution to forfeit RM48,979,500.67 in seven bank accounts belonging to Larry Low after no third party was present in court to claim the money. However, the forfeiture case was heard again after the prosecution amended the proposed notice to enter information on two banks involved in the forfeiture application. On March 29 2019, the government filed a civil forfeiture notice to freeze seven bank accounts owned by Larry Low on the charge that the money were proceeds from money laundering. A notice of seizure dated Jan 17 2019 directed to Goh Gaik Ewe, 66, Jho Low’s mother, was issued under Sub-Section 51 (1) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Illicit Activities Act 2001. To date, the authorities were reported to be still tracking down Larry Low, his wife Goh Gaik Ewe and Jho Low to assisting investigation in the case involving 1MDB. - BERNAMA.

12 March 2021

Najib slams new RM10,000 fine for not seeing difference between serious, accidental offences !!

SOURCE: https://www.malaymail.com/news/malaysia/2021/03/12/najib-slams-new-rm10000-fine-for-not-seeing-difference-between-serious-acci/1957170?utm_source=izooto&utm_medium=push_notifications&utm_campaign=RM10,000%20fine Najib slams new RM10,000 fine for not seeing difference between serious, accidental offences Friday, 12 Mar 2021 11:36 AM MYT BY EMMANUEL SANTA MARIA CHIN
Datuk Seri Najib Razak explained that actions as simple as forgetting to check-in with the MySejahtera QR code would also be subjected to the RM10,000 compound being stated in the summon issued by authorities. — Picture by Firdaus Latif KUALA LUMPUR, March 12 — Former prime minister Datuk Seri Najib Razak has taken a dig at his ally Perikatan Nasional’s government, this time over the insensitivity of provisions within the newly amended Emergency Ordinance 2021 towards accidental or unintentional offences. The Pekan MP, through a Facebook post, explained that actions as simple as forgetting to check-in with the MySejahtera QR code would also be subjected to the RM10,000 compound being stated in the summon issued by authorities. Attached within his post was a picture of a compound written for RM10,000 issued yesterday at a location in Bukit Jalil, with the offence listed as failing to scan the MySejahtera QR code. “The manner the Ordinance was outlined by the government does not differentiate between unintentional and non-serious offences like forgetting or failing to scan the MySejahtera app, or failing to use a face mask, against serious offences like breaching mandatory quarantines or crossing state lines without permission,” he wrote in his post. Najib also admonished the administration when he said these are the effects of laws being passed without going through proper checks and balances. “This is an example of why government policies should be discussed and passed by the Dewan Rakyat beforehand to ensure they are fair to the people,” he wrote. Provisions within the Emergency (Prevention and Control of Infectious Diseases) (Amendment) Ordinance 2021 states that a person found breaching movement control order SOPs is subject to a fine compoundable up to a sum of RM10,000, a tenfold increase from the previous maximum compound value of RM1,000. However, yesterday, Inspector-General of Police Tan Sri Abdul Hamid Bador clarified that first-time offenders or those caught for minor offences could argue their case with the district health officers and are not necessarily made to pay the full RM10,000 fine. Abdul Hamid had explained the maximum fine of RM10,000 would most likely be imposed on serious offenders, like those caught crossing state lines and end up causing new Covid-19 clusters or entertainment outlet owners who operate despite being on the negative activity list. The top cop had said that the final compound amount would be decided at the discretion of the district health officers and not the police. .

01 March 2021

Federal Court rules PKR MP Nurul Izzah did not defame NFCorp, chairman !! ....NFCorp and Salleh were ordered by the Federal Court to pay RM50,000 in costs to Nurul Izzah and PKR.

SOURCE: https://www.malaymail.com/news/malaysia/2021/03/01/report-federal-court-rules-pkr-mp-nurul-izzah-did-not-defame-nfcorp-chairma/1953824 Report: Federal Court rules PKR MP Nurul Izzah did not defame NFCorp, chairman, as 2012 remarks were focused on Shahrizat Monday, 01 Mar 2021 03:08 PM MYT BY IDA LIM
The Federal Court today unanimously ruled that Nurul Izzah and PKR did not defame NFCorp or Salleh (pic). — Picture by Choo Choy May KUALA LUMPUR, Mar 1 — The National Feedlot Corporation (NFCorp) and its chairman Datuk Seri Mohamad Salleh Ismail today failed in their final bid in their defamation lawsuit against PKR MP Nurul Izzah Anwar and PKR. The Federal Court today unanimously ruled that Nurul Izzah and PKR as represented by its secretary-general Datuk Seri Saifuddin Nasution Ismail did not defame NFCorp or Salleh, as Nurul Izzah’s 2012 remarks were mostly focused on Salleh’s politician wife and former Lembah Pantai MP Tan Sri Shahrizat Abdul Jalil instead, a report by news portal Malaysiakini said. NFCorp previously received a RM250 million soft loan from the federal government to run the National Feedlot Centre (NFC) project to increase Malaysia’s beef production, and had in February 2008 shifted around RM71 million of unused funds from the RM250 million loan to NFCorp’s fixed deposit account at Public Bank. In a March 7, 2012, Nurul Izzah who was then the Lembah Pantai MP had in a press conference spoke about the high-end project KL Eco City, and had among other things touched on then PKR strategy director Rafizi Ramli’s allegation that government funds for the NFC project were used as leverage to secure loans to buy condominium units in KL Eco City. Nurul Izzah’s statements in her March 2012 press conference were published on the same day by Malaysiakini’s online television service, with NFCorp and Salleh later filing the defamation lawsuit. The High Court in Kuala Lumpur on March 4, 2016 dismissed the defamation suit by Salleh and NFCorp against Nurul Izzah and Saifuddin as PKR’s representative, after having looked at the statement as a whole which the court found was not defamatory of Salleh and NFCorp. The High Court had found that Nurul Izzah would have also succeeded in relying on the defence of justification. On July 10, 2017, the Court of Appeal agreed with and affirmed the High Court’s decision. NFCorp and Salleh later obtained leave in March 2018 from the Federal Court to have their appeal against the Court of Appeal’s decision heard, with the Federal Court hearing the appeal on December 3, 2020 through an online hearing before delivering its decision today. According to Malaysiakini, the three-member panel at the Federal Court was chaired by Federal Court judge Datuk Seri Mohd Zawawi Salleh, with the other judges being Datuk Seri Hasnah Mohammed Hashim and Datuk Harmindar Singh Dhaliwal. In the unanimous decision to dismiss the defamation lawsuit by NFCorp and Salleh, Harmindar, who read out the judgment today, had reportedly said that both the High Court and Court of Appeal were correct to conclude that Nurul Izzah’s remarks as a whole were not defamatory towards NFCorp and Salleh. According to Malaysiakini, Harmindar said an ordinary, reasonable reader would not have paid attention to the mere single sentence — which was alleged to have defamed NFCorp and Salleh — in Nurul Izzah’s entire lengthy statement in 2012, as such a reader would only be focused on the major part of the statement which was about Shahrizat. At that time, Shahrizat was the women, family and community development minister of Malaysia. The judge reportedly said the single sentence complained of in NFCorp’s defamation suit was meant to only be a “precursor or introduction” by Nurul Izzah to the “main sting” of her press statement, where the one line touched on Rafizi’s revelation on alleged funds misuse which Nurul Izzah had said raised new questions on alleged possible conflict of interest by Shahrizat in the condominiums’ purchase. Malaysiakini said the Federal Court judge also noted that Shahrizat had not filed lawsuits over such allegations except for a lawsuit against Rafizi for the statements he had made. “For these reasons, we would agree with the findings of the Court of Appeal and dismiss the appeal,” Harmindar was quoted saying. Apart from finding that Nurul Izzah and PKR had not defamed NFCorp and Salleh, the judge was reported saying that both Nurul Izzah and her party had managed to prove their defence of justification in the defamation lawsuit. While NFCorp and Salleh had argued it was misleading to state that the RM71.4 million of public funds held in NFCorp’s fixed deposit account in Public Bank had been used as leverage to secure loan facilities from the same bank to buy eight property units at KL Eco City at the present market value of RM12 million, Malaysiakini reported the judge as saying that this argument had failed. “With respect, the overwhelming inference from what transpired at the trial is that this cannot be true. It is certainly not a coincidence that the loan facilities came from the same bank where the RM71.4 million deposit was placed. “It is common knowledge that banks will not simply offer loans unless they are satisfied that the customer seeking the loans is in a position to repay them,” the judge was quoted saying, with the judge also refuting the idea that banks would only require property titles to be provided to secure bank loans. Malaysiakini also quoted the judge as noting the significance of Salleh having failed to disclose the source of his income to fund the purchase of the eight units of condominiums when challenged to do so, apart from making bare assertions. Harmindar also reportedly said Salleh should have called in Public Bank to back his claims on the bank loan offer in light of the “possible damaging inferences” that may arise from the RM71.4 million deposit NFCorp had in the bank, adding: “It was therefore plain on the evidence that the appellants had used the RM71.4 million deposit as leverage for obtaining the loans from Public Bank.” The judge was also quoted saying that it was “of little consequence” that the loan offer by Public Bank for the purchase of the eight properties had expired, noting that it would “not be farfetched” to deduce from all the evidence available in the court case that there has been “misuse of public funds for personal gain”. Malaysiakini said NFCorp and Salleh were ordered by the Federal Court to pay RM50,000 in costs to Nurul Izzah and PKR. Nurul Izzah, who is now Permatang Pauh MP, and Saifuddin Nasution were represented in a legal team led by lawyer Razlan Hadri Zulkifli, while the legal team for NFCorp and Salleh was led by lawyer Tan Sri Muhammad Shafee Abdullah.