DEFAMATION (LIBEL) AND ITS RELATION TO FREEDOM OF SPEECH: OVERVIEW OF THE MALAYSIAN LAWS AND THE ISLAMIC LEGAL PRINCIPLES
DEFAMATION (LIBEL) AND ITS RELATION TO FREEDOM OF SPEECH: OVERVIEW OF THE MALAYSIAN LAWS AND THE ISLAMIC LEGAL PRINCIPLES

Author: Asst. Prof. Dr Hasbollah Bin Mat Saad

Publisher: ICTEET 2017

Published: 2023-01-28

Total Pages: 25

ISBN-13:

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Freedom of speech is fundamental towards the founding of a democratic country as distinctly expressed in Article 10(1)(a) of the Federal Constitution. However, there are restrictions to this right and freedom. Article 10(2)(a) of the Federal Constitution exempts or excludes defamation actions from this right by passing the Defamation Act 1957 to control and ensure this right and freedom of speech are exercised in accordance with law. This paper concentrates only on one element of defamation under the Defamation Act 1957 and Penal Code (Act 574); libel. Therefore, this paper will focus on the extent of the rights and freedom of speech, and how elements of libel plays a significant role in determining the restrictions of freedom of speech. The objectives of conducting this research are to examine the scope, concept and development of libel, explore the possible harmonisation, and establish recommendations that could be used to enhance the libel law. This paper look into the matter from the Malaysian law and the Islamic legal perspectives. Comparative legal research and qualitative methods will be applied in this paper based on the legal materials; law reports, legal commentaries, judicial decisions, Quranic verses, As-Sunnah, and opinions derived from Muslim scholars. The general observations is that, there are similarities and differences in libel laws according to the Malaysian laws and the Islamic legal principles which can be blended to form an effective Malaysian libel laws. It can strengthen the countermeasure against more complicated libel actions and at the same time to balance and integrate the relationship between libel laws and freedom of speech, and this may be implemented through the harmonisation processes.

LIBEL LAW IN MALAYSIA: AN OVERVIEW
LIBEL LAW IN MALAYSIA: AN OVERVIEW

Author: Asst. Prof. Dr Hasbollah Bin Mat Saad

Publisher: GOOGLE PLAYBOOK

Published: 2023-01-15

Total Pages: 55

ISBN-13:

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Freedom of speech is fundamental to the founding of a democratic country which is distinctly expressed in Article 10 (1) (a) of the Federal Constitution. However, there are restrictions to the rights and freedom as provided for in Article 10 (2) (a) of the Federal Constitution, which exempted or excluded the defamation actions from the said right by passing the Defamation Act 1957 in controlling and ensuring the said rights and freedom of speech are exercised in accordance with the tenets of the law. The researcher intends to concentrate only on one element of defamation under the Defamation Act 1957 and Penal Code (Act 574), i.e., libel. Therefore, this book will focus on the extent of the rights and freedom of speech, and how the libel element plays a significant role in determining the restrictions of freedom of speech. The objectives of conducting this research are to examine the scope, concept, and development of libel, explore the possible harmonisation, and establish recommendations that could be used to enhance the libel law. This book will also focus on bilateral or two-way basis research, i.e., from Malaysian law and Islamic legal perspectives in relation to freedom of speech respectively. Comparative legal research and qualitative methods will be applied in this thesis based on the legal materials, i.e., law reports, legal commentaries, judicial decisions, Quranic verses, As-Sunnah of the Prophet Muhammad (sallallahu ‘alaihi wasallam), and opinions derived from Muslim scholars. The general observation is that there are similarities and differences in libel laws according to Malaysian law and Islamic legal principles which can be blended and forming effective Malaysian libel law for the purpose of strengthening the countermeasure against more complicated libel actions and at the same time to balance and integrate the relationship between libel law and freedom of speech, and this may be implemented through the harmonisation processes.

The Concept and Scope of Defamation (Fitnah) in Al-Quran Al-Kareem and Its Relation to Freedom of Speech in Malaysia
The Concept and Scope of Defamation (Fitnah) in Al-Quran Al-Kareem and Its Relation to Freedom of Speech in Malaysia

Author: Asst. Prof. Dr Hasbollah Bin Mat Saad

Publisher: AJBAS

Published: 2023-01-25

Total Pages: 7

ISBN-13:

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The issue of defamation is an issue that is so overwhelming that discussed by all walks of life. Al-Quran Al-Kareem also recorded this issue so thoroughly that it is mentioned more than eighty verses in total. In view of the importance of the issue of defamation which can influence the society, there are specific laws that have been enacted by the Parliament of Malaysia in ensuring the continuity of the enforcement of justice in the society through the concept of the rule of law which can be implemented accordingly. The discussions of this paper are mainly focused on the concept and scope of defamation according to Al-Quran Al-Kareem, As-Sunnah of the Prophet Muhammad (sallallahu ‘alaihi wasallam) and opinions of various scholars, and its relationship with the application of defamation laws in Malaysia. The findings from the research show that there is a close correlation on the importance and position of defamation in Islam and the Malaysian laws at large. A framework towards harmonizing the laws between Islamic and the Malaysian laws is a right step in identifying and resolving these issues more effectively.

DEFAMATION (LIBEL) LAW IN MALAYSIA: AN OVERVIEW
DEFAMATION (LIBEL) LAW IN MALAYSIA: AN OVERVIEW

Author: Asst. Prof. Dr Hasbollah Bin Mat Saad

Publisher: IJRTD

Published: 2023-01-27

Total Pages: 6

ISBN-13:

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Freedom of speech is fundamental towards the founding of a democratic country as distinctly expressed in Article 10(1)(a) of the Federal Constitution. However, there are restrictions to this right and freedom. Article 10(2)(a) of the Federal Constitution exempts or excludes defamation actions from this right by passing the Defamation Act 1957 to control and ensure this right and freedom of speech are exercised in accordance with law. This paper concentrates only on one element of defamation under the Defamation Act 1957 and Penal Code (Act 574); libel. Therefore, this paper will focus on the extent of the rights and freedom of speech, and how elements of libel plays a significant role in determining the restrictions of freedom of speech. The objectives of conducting this research are to examine the scope, concept and development of libel, and establish recommendations that could be used to enhance the libel law. This paper look into the matter from the Malaysian law perspective. Legal research and qualitative methods will be applied in this paper based on the legal materials; law reports, legal commentaries, judicial decisions, and opinions derived from scholars. The general observations is that, the countermeasure against the more complicated libel actions and at the same time to balance and integrate the relationship between libel laws and freedom of speech, should be taken into consideration in implementing the laws against defamation in our country.

DEFAMATION: A COMPARATIVE STUDY BETWEEN THE MALAYSIAN LAWS AND THE ISLAMIC LEGAL PRINCIPLES
DEFAMATION: A COMPARATIVE STUDY BETWEEN THE MALAYSIAN LAWS AND THE ISLAMIC LEGAL PRINCIPLES

Author: Asst. Prof. Dr Hasbollah Bin Mat Saad

Publisher: IJTRD

Published: 2023-01-25

Total Pages: 6

ISBN-13:

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As part of the most concerned country on human rights, Malaysia has provided clear written statutes in promoting and protecting the freedom of speech. Article 10(2)(a) of the Federal Constitution provides the clearest indication to the general public that the legal system of Malaysia do give the protection of the freedom of speech. The objective of this paper is to focus on the provisions of the freedom of speech (especially defamation) on the scope, wisdoms, findings of the research and provide the possible recommendations or suggestions for the process of harmonization; in the area of the implementation of the Malaysian laws and the Islamic legal principles in the Malaysian legal system; for the purpose of protecting, enhancing and promoting the freedom of speech in Malaysia according to the rule of law. The legal research method will be applied in obtaining the relevant data and information. The writer is of the opinion that the Malaysian legal system should be transformed and harmonized between these two legal foundations, i.e., the Malaysian laws and the Islamic legal principles, in respecting the spirit of Article 3 of the Federal Constitution, which provides that Islam as a religion of the Federation. There should be a clear guidelines and information about the concept of defamation in order to lay down the clear statutes and provisions on it that can contribute to the betterment of the society.

The Online Defamation Law in Malaysia and Indonesia
The Online Defamation Law in Malaysia and Indonesia

Author: Zaky Siraj

Publisher:

Published: 2012

Total Pages: 212

ISBN-13:

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Defamation law exists to balance two interests, the rights of freedom of expression and the rights of reputation. It aims to ensure the protection of the person's reputation from being attack or harm by another person. However, with the advent of the internet, the problem on defamation becomes more complicated. The nature of the internet that is easy to access and could reach millions people all over the world, make defamation through this media is more harm to the person's reputation. The present thesis thus compares the law of online defamation in Malaysia and Indonesia on some point; the relevant law of Malaysia and Indonesia relating to cyber defamation; the elements of online defamation; the liability of ISP; the defences and remedies that available under Malaysian and Indonesian law of defamation. This thesis also analyses the basic concept of defamation from Islamic perspective. The methodology of this study is a qualitative and doctrinal research using both analytical and comparative approaches. The primary sources are taken from Malaysian and Indonesian statutes and decided cases. This study also employs unstructured interview with several correspondences who are experts on the issue at hand in order to enrich the analyses on this study. This study discovers that the civil law of defamation in Malaysia is seems well-established while the criminal defamation is almost unknown. While defamation under Indonesian law of defamation is considered as a crime. This situation becomes a common issue that criminal defamation in Indonesia may limit the rights of freedom of expression and democracy. Furthermore, the Islamic law of defamation is more comprehensive and contains solutions to many problems in all circumstances. This research is concluded with a suggestion that there is a clear need for Indonesia to have well-defined provisions regarding civil defamation and criminal defamation. It is perhaps desirable that provisions on criminal defamation to be reconsidered or perhaps should be eliminated from the proposed new defamation law. On the other hand, although Malaysia has already well-established civil defamation law which in line with the principle of freedom of expression, it is better to absorb the principle of Islamic law of defamation. Because the Islamic law of defamation contains the provisions relating to all the problems of individual, communities and states as well.

Freedom of expression and defamation
Freedom of expression and defamation

Author: Tarlach McGonagle

Publisher: Council of Europe

Published: 2016-09-01

Total Pages: 72

ISBN-13: 9287183473

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Freedom of expression and defamation: where do we draw the line? Freedom of expression is a fundamental freedom, one of the cornerstones of democracy in Europe, enshrined in various key texts, including the European Convention on Human Rights. But the boundaries between freedom to criticise and damaging a person’s honour or reputation are not always very clear. By defining public insults and defamation, the law can set limits on freedom of expression, which is neither absolute nor boundless. But how far can it go? This study examines the details of the European Court of Human Right’s case law on defamation. It explores a range of substantive and procedural issues that the Court has considered, and clarifies the concept of defamation, positioning it in relation to freedom of expression and public debate. It explains how overly protective defamation laws can have a chilling effect on freedom of expression and public debate, and discusses the proportionality of defamation laws and their application.

Media Law in Malaysia
Media Law in Malaysia

Author: Farid Sufian Shuaib

Publisher: Kluwer Law International B.V.

Published: 2019-06-13

Total Pages: 114

ISBN-13: 9403513713

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this analysis of media law in Malaysia surveys the massively altered and enlarged legal landscape traditionally encompassed in laws pertaining to freedom of expression and regulation of communications. Everywhere, a shift from mass media to mass self-communication has put enormous pressure on traditional law models. An introduction describing the main actors and salient aspects of media markets is followed by in-depth analyses of print media, radio and television broadcasting, the Internet, commercial communications, political advertising, concentration in media markets, and media regulation. Among the topics that arise for discussion are privacy, cultural policy, protection of minors, competition policy, access to digital gateways, protection of journalists’ sources, standardization and interoperability, and liability of intermediaries. Relevant case law is considered throughout, as are various ethical codes. A clear, comprehensive overview of media legislation, case law, and doctrine, presented from the practitioner’s point of view, this book is a valuable time-saving resource for all concerned with media and communication freedom. Lawyers representing parties with interests in Malaysia will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative media law.