Judicial Approaches in Balancing Freedom of Speech and Contempt of Court in Malaysia

A. Vijayalakshmi Venugopal, Kamal Halili Hassan

Research output: Contribution to journalArticle

Abstract

Freedom of speech is guaranteed under Malaysian Constitution, although such freedom is not absolutely un-curtailed. It is subject to certain limitations such as on grounds of national security, public peace or morality. One limitation of freedom of speech that is outside the limitations provided in the constitution is contempt of court. Contempt of court is a power entrusted to every court by statute or part of the inherent jurisdiction of the court. This power extends to the courts hearing and even initiating contempt actions, recognising forms of contempt, ensuring proper compliance with rules of procedure applicable to contempt proceedings and if appropriate, punishing those who offend these standards. These principles are contained in various statutes and even more numerous cases. This study adopts a doctrinal method analysis on contempt of court in Malaysia. It examines the judicial approaches adopted by Malaysian courts in balancing freedom of speech and offences related to contempt of court.

Original languageEnglish
Pages (from-to)456-460
Number of pages5
JournalResearch Journal of Applied Sciences
Volume8
Issue number9
DOIs
Publication statusPublished - 2013

Fingerprint

Malaysia
law (jurisprudence)
constitution
National security
Audition
hearing
congressional reports

Keywords

  • Contempt of court
  • Freedom of speech
  • Judiciary
  • Malaysia
  • Malaysian constitution

ASJC Scopus subject areas

  • General
  • Engineering(all)

Cite this

Judicial Approaches in Balancing Freedom of Speech and Contempt of Court in Malaysia. / Venugopal, A. Vijayalakshmi; Hassan, Kamal Halili.

In: Research Journal of Applied Sciences, Vol. 8, No. 9, 2013, p. 456-460.

Research output: Contribution to journalArticle

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