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Freedom without restraint and responsibility: the problem of hate speech in Malaysia

Hate speech has been an issue of heated debate amongst legal scholars and human rights activists particularly between Western and Eastern countries. This is primarily due to the difference in our conceptions and prioritisation of rights. Freedom of speech is undoubtedly important due to the values...

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Main Authors: Wan Mohd Nor, Murni, Mohd. Asraf, Ratnawati
Format: Article
Language:English
Published: LexisNexis 2015
Subjects:
K Law (General)
Online Access:http://irep.iium.edu.my/48097/1/Article_Malayan_Law_Journal.pdf
http://irep.iium.edu.my/48097/
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spelling my.iium.irep.480972021-06-29T03:27:08Z http://irep.iium.edu.my/48097/ Freedom without restraint and responsibility: the problem of hate speech in Malaysia Wan Mohd Nor, Murni Mohd. Asraf, Ratnawati K Law (General) Hate speech has been an issue of heated debate amongst legal scholars and human rights activists particularly between Western and Eastern countries. This is primarily due to the difference in our conceptions and prioritisation of rights. Freedom of speech is undoubtedly important due to the values it promotes, but too much emphasis on this right has resulted in the neglect of the due exercise of responsibility, often leading to, and perpetuating hate speech. While free speech should be protected, one should not disregard the preservation of public interest and peace within society. The authors argue that hate speech can be justifiably legislated, as it does not help in the attainment of free speech values. Then, the role of hate speech is spreading and reinforcing racism and discrimination are discussed. Focusing on Malaysia, the authors highlight the instances of racial and religious conflict and explain how hate speech aggravates race relations. Lastly, the authors propose a conception of human rights guided by religious values, which is especially important for multi-cultural and multi-religious countries. It is hoped that by considering the meaning and purpose of free speech in light of the problems caused by hate speech, there will be a better appreciation for the need to balance freedom of the individual with restraint and responsibility. LexisNexis 2015-09 Article PeerReviewed application/pdf en http://irep.iium.edu.my/48097/1/Article_Malayan_Law_Journal.pdf Wan Mohd Nor, Murni and Mohd. Asraf, Ratnawati (2015) Freedom without restraint and responsibility: the problem of hate speech in Malaysia. Malayan Law Journal, 5. xliv-lxvii. ISSN 0025-1283
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
topic K Law (General)
spellingShingle K Law (General)
Wan Mohd Nor, Murni
Mohd. Asraf, Ratnawati
Freedom without restraint and responsibility: the problem of hate speech in Malaysia
description Hate speech has been an issue of heated debate amongst legal scholars and human rights activists particularly between Western and Eastern countries. This is primarily due to the difference in our conceptions and prioritisation of rights. Freedom of speech is undoubtedly important due to the values it promotes, but too much emphasis on this right has resulted in the neglect of the due exercise of responsibility, often leading to, and perpetuating hate speech. While free speech should be protected, one should not disregard the preservation of public interest and peace within society. The authors argue that hate speech can be justifiably legislated, as it does not help in the attainment of free speech values. Then, the role of hate speech is spreading and reinforcing racism and discrimination are discussed. Focusing on Malaysia, the authors highlight the instances of racial and religious conflict and explain how hate speech aggravates race relations. Lastly, the authors propose a conception of human rights guided by religious values, which is especially important for multi-cultural and multi-religious countries. It is hoped that by considering the meaning and purpose of free speech in light of the problems caused by hate speech, there will be a better appreciation for the need to balance freedom of the individual with restraint and responsibility.
format Article
author Wan Mohd Nor, Murni
Mohd. Asraf, Ratnawati
author_facet Wan Mohd Nor, Murni
Mohd. Asraf, Ratnawati
author_sort Wan Mohd Nor, Murni
title Freedom without restraint and responsibility: the problem of hate speech in Malaysia
title_short Freedom without restraint and responsibility: the problem of hate speech in Malaysia
title_full Freedom without restraint and responsibility: the problem of hate speech in Malaysia
title_fullStr Freedom without restraint and responsibility: the problem of hate speech in Malaysia
title_full_unstemmed Freedom without restraint and responsibility: the problem of hate speech in Malaysia
title_sort freedom without restraint and responsibility: the problem of hate speech in malaysia
publisher LexisNexis
publishDate 2015
url http://irep.iium.edu.my/48097/1/Article_Malayan_Law_Journal.pdf
http://irep.iium.edu.my/48097/
_version_ 1703960157248028672
score 13.211869

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