Today, on International Human Rights Day (IHRD), ARTICLE 19 reaffirms that freedom of expression is not an abstract political concept or a luxury, but central to the 2025 theme ‘Human rights, our everyday essentials’. This freedom, together with the right to access information, is vital because it underpins democracy, accountability, and social progress: only when information and opinions flow freely can communities access knowledge, challenge injustice and abuse of power, and enjoy all other human rights. In Malaysia, however, freedom of expression remains under threat from restrictive laws and other measures that curtail legitimate expressions.
‘As we reflect on our human rights progress and the challenges that remain, we must insist that freedom of expression is not a privilege granted by the state – but an inherent right essential for every person to live freely and safely. It enables the enjoyment of every other human right, from access to clean water, education, and healthcare, to the ability to participate in public life. Until the government makes good its electoral promises on human rights, the guarantee of fundamental freedoms as an everyday essential for the people in Malaysia will remain just that – an empty promise,’ said Nalini Elumalai, ARTICLE 19’s Senior Malaysia Programme Officer.
While there have been several positive court decisions this year, they provide important but limited victories for freedom of expression, peaceful assembly, and association. On 1 July, the Federal Court unanimously declared Section 9(5) of the Peaceful Assembly Act unconstitutional and invalid, effectively decriminalising organisers’ failure to notify the police before holding a peaceful gathering. In June, the Federal Court partially overturned a previous ruling, finding that the Selangor religious authorities had acted unlawfully in issuing a fatwa against women’s rights organisation SIS Forum (Malaysia), but upheld the part of the fatwa that declared proponents of liberalism and religious pluralism as ‘deviant’. On 19 August, the Court of Appeal unanimously ruled that the words ‘offensive’ and ‘annoy’ in Section 233 of the Communications and Multimedia Act (CMA) 1998 are unconstitutional, as they violate the right to equality and freedom of expression under the Federal Constitution. This landmark decision from August is now being challenged by the government.
However, the government’s commitment to promote free speech and media freedom, as set out in the Pakatan Harapan coalition’s 2022 manifesto, is still lacking. The government has continued using laws to restrict the right to peaceful assembly, intimidate human rights defenders, ban publications deemed a threat to morality or public order, and stifle speech against those critical of the government and its policies. These laws include Section 233 of the CMA, Section 7(1) of the Printing Presses and Publications Act (PPPA) 1984, and some key provisions of the Penal Code. In cases particularly relating to peaceful assembly, ARTICLE 19 has condemned on several occasions the police’s repeated use of excessive force against protesters. While civil society welcomed the passage of the Media Council Act in February, this positive move was overshadowed by ongoing attacks against journalists and news outlets.
In the digital realm, freedom of expression is increasingly under threat. With the introduction of a range of laws, including amendments to the CMA, social media licensing, the Online Safety Act (ONSA) 2025, and the Cyber Security Act 2024, towards the end of 2024 to regulate online spaces, 2025 was critical for the monitoring of their implementation. For example, the injunction issued by a High Court against Telegram on 11 September, which was initiated by the Malaysian Communications and Multimedia Commission (MCMC), sets a worrying precedent because it allows the authorities to censor protected political speech and criticism of those in public institutions. Further, the government has also announced other upcoming efforts to tackle online crimes, including the requirement for all social media platforms in Malaysia to implement a mandatory electronic Know-Your-Customer (e-KYC) verification, which civil society groups have warned could undermine the right to privacy, freedom of expression and non-discrimination. Further plans to introduce a social media ban for children under the age of 16 and to soon put in place a slew of subsidiary instruments under the ONSA raise additional concerns about the disproportionate restrictions over online speech.
In addition, systemic discrimination against minorities has also further undermined freedom of expression in Malaysia. The government has allowed the proliferation of ‘hate speech’ against the LGBTQI+ community, including through the display of an anti-LGBTQI+ signboard in Terengganu and their inaction to investigate reported hateful comments and death threats targeting organisers of a health awareness workshop in June. Apart from book bans, authorities conducted several raids , including one in Kelantan that revealed the troubling misuse of power and dissemination of disinformation against the LGBTQI+ community, and most recently a raid at a health centre in Kuala Lumpur that resulted in the arrest of over 200 persons under the draconian Sections 377A and 372 of the Penal Code for allegedly committing ‘carnal intercourse against the order of nature’ and ‘exploiting any person for purpose of prostitution’.
‘The weaponisation of laws and discriminatory practices used to target minority communities, particularly the LGBTQI+ community, highlights the government’s failure to protect all Malaysians equally. To build a truly inclusive society, the government must stop selectively using its discretion to deepen hostility against those who already face challenges in expressing themselves freely and safely. Instead of relying on repression and censorship, the government should take steps to uphold human rights, including by enacting comprehensive anti-discrimination legislation in line with international human rights law and adopting positive policy measures guided by the UN Rabat Plan of Action and the Human Rights Council Resolution 16/18; repealing repressive laws that restrict freedom of expression and opinion, and reaffirming its international and national commitments to promote and protect the human rights of all peoples, particularly the most marginalised and vulnerable. This will ensure that everyone in Malaysia can live with dignity and be able to express themselves without fear,’ added Nalini.
Freedom of expression is a cornerstone of a well-functioning democracy. It allows civil society, the media, and public to hold government and corporate power accountable. As we mark the 77th anniversary of the Universal Declaration of Human Rights, let us work collectively to ensure that our right to freedom of expression is upheld, protected, and nurtured — because this and other human rights are our everyday essentials.