{
  "id": 10834545,
  "title": "Pinda Perlembagaan atau mansuh Akta Hasutan",
  "url": "https://urgent.news/2026/09/30/pinda-perlembagaan-atau-mansuh-akta-hasutan-10834545",
  "topic": "world",
  "section": "World",
  "published": "2026-09-30T01:45:00.000Z",
  "source": {
    "name": "Free Malaysia Today",
    "slug": "free-malaysia-today-freemalays",
    "url": "https://www.freemalaysiatoday.com/category/bahasa/pandangan/2026/09/30/pinda-perlembagaan-atau-mansuh-akta-hasutan"
  },
  "original_language": "en",
  "account": "Akta Hasutan 1948 should be repealed rather than the Constitution being amended to explicitly endorse it as a means of restricting freedom of speech. The Hasutan Act is a colonial legacy that remains cherished even seven decades after independence, not because of its constitutionality, but due to the Supreme Court's decision, considered too lenient for my perspective, arguing that Malaysia practices the principle of parliamentary supremacy. This principle placed Parliament as the highest legislative body with the final power to pass, amend, or repeal laws, without any other institution, including the court, being able to overrule it. As a result, Hasutan Act has persisted for so long as one of the state's power instruments, with freedom of speech restricted for national security reasons. However, since 2017, the Federal Court has emphasized more on constitutional continuity and judicial power. Given this development, in my view, the standing of Hasutan Act needs to be reassessed. Constitutional continuity means Federal Constitution is the supreme law of the land. Legislation incongruent with it cannot overcome the safeguards provided by it. Clause 10(2)(a) allows Parliament to impose restrictions on freedom of speech for certain reasons, including national security, public order and morality. In my view, Hasutan Act does not meet the required standards for imposing such restrictions. An Act existing prior to the Constitution making certain speech unlawful based on the concept of incitement, without needing to prove that someone intends to incite violence or unrest, could undermine the protection of freedom guaranteed by the Constitution. The judicial oath prescribed under the Constitution also guides the duty of the judiciary. Judges do not swear to obey Parliament or the government in power. Instead, they swear to uphold, protect, and defend the Constitution. Judicial power is not merely about accepting any legislative action without scrutiny. The Court plays a crucial role in ensuring legislative and executive actions remain within constitutional bounds. When legislation is alleged to undermine fundamental freedoms, the judiciary has the responsibility to scrutinize its validity from the constitutional perspective. Therefore, merely retaining Hasutan Act simply because it has been in existence for a long time, in my view, is insufficient without an assessment of its compatibility with today's constitutional framework. The continuous decisions of the Supreme Court on constitutional continuity and judicial power open up space for a comprehensive reassessment of the Hasutan Act. If the Court ultimately finds the Act inconsistent with the Constitution, cancelling it would not only end a colonial legacy of legislation but also reinforce the nation's commitment to a constitution-based government. It would also demonstrate that the judiciary is not merely performing its oath but also fulfilling its responsibility in upholding the Constitution as the supreme law of the land. This article represents the author's viewpoint and does not necessarily reflect FMT.",
  "summary": "Akta Hasutan perlu dinilai semula dalam kerangka kebebasan bersuara dan Keluhuran Perlembagaan.",
  "key_points": [],
  "editors_take": null,
  "illustration": null,
  "coverage": {
    "outlets": 2,
    "also_reported_by": [
      {
        "outlet": "Free Malaysia Today",
        "title": "Pinda Perlembagaan atau mansuh Akta Hasutan",
        "url": "https://urgent.news/2026/09/30/pinda-perlembagaan-atau-mansuh-akta-hasutan",
        "published": "2026-09-30T01:45:00.000Z"
      }
    ]
  },
  "ai_generated": true,
  "disclaimer": "Summaries, key points and the editor’s take are written by software from other outlets’ reporting and may contain errors — always check the linked original."
}