OFFSTONE | JUNE 2021 | FKP USIM

37 that, faking a news or spreading fake news could be done either with the licence of free speech because it means any one can say anything they want, or even with the licence of hate speech, that one can say things that are offensive or harmful to a person or group of people. For one case example, Zamri Abd Razak was fined a total of RM15,000 for his offensive comments in Facebook insulting Hinduism two years ago. The decision was made by Judge M. M. Edwin Paramjothy stating that freedom of speech is a prized privilege guaranteed by the Constitution here in Malaysia, but the limits of freedom end where religion and religious beliefs are insulted or outraged. In another case in the West, the insultation towards the Prophet Muhammad has become a test in defining the freedom of expression with free speech concept. The definition of freedom of speech here is similar with what Islam teaches that the religion gives the right to practices freedom of expression, as long as one does not interfere upon other’s freedom and dignity. Indirectly, the two cases have created debates and arguments on the rights of freedom of speech. Looking at another side, these cases involved fake news as whatever Zamri or the West said about the other parties’ religions were considered not true to their believers. Insultations made were obviously filled with emotions and assumptions rather than facts and to make it worse, sharing and spreading their thoughts with others without thinking about the consequences of their words and acts. Because of that, there is a need in controlling such freedom from being misused by the irresponsible persons or parties. The enforcement of Sedition Act 1948 and the Communications and Multimedia Act 1998 are examples of regulations made to control the contents in the media. To date, the Emergency (Essential Powers) (No. 2) Ordinance 2021 came into effect to tackle fake news on COVID-19 and the Proclamation of Emergency. All of these show that although freedom is given to the citizens, however, there has to be a limit especially when it involves the sensitivity of racial and religious issues that could be a threat towards the peacefulness Malaysian society has. Conclusion Simply put, fake news brings harm towards a targeted individual or up to a community level either it is done with or without intentions. Considering that, freedom of speech should not be the ticket to speak the unspeakable, hurtful, outrageous words or even blasphemy, especially in a multiracial country like Malaysia in maintaining peace and harmony in the society.

RkJQdWJsaXNoZXIy NzMyMDE=