How Race, Religion and Royalty Shape What We Can, or Can't Say.
The invisible line which comes in the form of Freedom of Expression in Malaysia, is fully protected under Article 10 of the Federal Constitution.
Yet when it comes to the 3Rs (race, religion, royalty), that freedom is faced by an invisible boundaries, drawn by both law and cultural expectation. These terms can be deemed as sensitive to the point that it can be exploited and may lead to political unrest.
This article exposes how the Sedititon Act 1948 Communications and Multimedia Act 1998, and emerging digital regulations regulate discourse on these sensitive topics. We will look at the legal framework, and understand if it's actually legal framework to protect unity or to silence dissent?
Sedition Act 1948
A colonial era legislation, this act criminalizes any form of speech that may excite discontent or contempt towards (specific) race, religion or royalty. Even nonviolent criticism, like questioning Malay privileges or the monarchy's role, can be deemed as seditious.
Communications and Multimedia Act 1998 (CMA)
This act covers on online speech, particularlu under Section 233, which prohibits any form of "offensive" or "menancing" content. Back in 2019, a Facebook user was arrested for uploading content deemed as an insult to Islam under his provision.
For context, in March 2019, a Malaysian Facebook user known as "Ayea Yea", was pleaded guilty and sentenced to an unprecedented 10 years and 10 months locked up in prison. Due to his actions for posting content considered insulting to Islam and the Prophet Muhammad.
The charges pressed on him included multiple counts under Section 298A of the Penal Code (anti-religious activities) and Section 233 of the Communications and Multimedia Act (CMA) 1998 (misuse of network facilities).
Under this law, those who are guilty due to blasphemous rhetoric can be charged with a jail term of 2-5 years. As for the other, the charges will carry out a maximum one year in prison or a fine up to RM50,000 ($12,200), or both consecutively. This case is significant, not only due to its harsh prison sentence but also because it marks the CMA being used to police/control religious speech online.
As for other ongoing legal updates, it continues in the year of 2023 until now.
Narrowing the Sedition Act to Royalty (2023)
Minister Azalina Othman Said proposed amending the Sedition Act to target only insults towards royalty on July 25 2023. She announced that the Cabinet agreed “in principle” to amend the Sedition Act 1948 so it would only protect the royal institution, instead of covering broader topics like race and religion.
Under this law, those who are guilty due to blasphemous rhetoric can be charged with a jail term of 2-5 years. As for the other, the charges will carry out a maximum one year in prison or a fine up to RM50,000 ($12,200), or both consecutively. This case is significant, not only due to its harsh prison sentence but also because it marks the CMA being used to police/control religious speech online.
As for other ongoing legal updates, it continues in the year of 2023 until now.
Narrowing the Sedition Act to Royalty (2023)
Minister Azalina Othman Said proposed amending the Sedition Act to target only insults towards royalty on July 25 2023. She announced that the Cabinet agreed “in principle” to amend the Sedition Act 1948 so it would only protect the royal institution, instead of covering broader topics like race and religion.
She highlighted that this move was an outcome of dialogues on the “3R issues”. Critics, like Lawyers for Liberty, warn that even this narrowed act remains overly vague, claiming it could still be a tool for suppression
Between 2015 and 2016, he faced multiple charges under the Sedition Act after sharing cartoons and tweets critical of the government and judiciary. He was at risk of a lengthy jail sentence—over 40 years in total.
Sources:
The Online Safety Bill (2024)
This bill passed the Senate (Dewan Negara) in December 2024. It is designed to complement the CMA by empowering the regulator (MCMC) to address harmful content online. This includes content related to race, religion, and royalty.
One notable measure mandates platforms to let users appeal against content takedown decisions. The Bill also requires licensed platforms to take stronger action against harmful content and provide safety tools, especially for minors.
New Social Media Licensing (2025)
Starting January 1, 2025, all social media platforms and messaging services with 8 million or more Malaysian users must obtain a license under the Communications and Multimedia (Licensing) Regulations.
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Platforms must follow strict Code of Conduct guidelines, local moderation teams is maintained, assisting investigations, and removing harmful content.
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WeChat and TikTok were among the first to receive licenses, while Telegram is still finalizing its application. Major players like Facebook, X, and YouTube have yet to comply.
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Meta (Facebook/Instagram) criticized the licensing scheme for lacking clarity and potentially stifling innovation.
Real‑Life Cases, When Speech Crosses the Line.
Zunar’s Arrest under the Sedition Act (2015-2017)
Zulkiflee Anwar Haque, widely known as Zunar, is a Malaysian cartoonist recognized for using satire to comment on political issues and the monarchy.
In 2016, authorities shut down one of his exhibitions and seized his artworks. But in 2017, a court ruled that this action was unlawful and awarded Zunar RM18,000 (around $4,225.36) compensation. He was eventually cleared of all charges in 2018. His experience reflects the tight restrictions placed on artistic and political expression in Malaysia.
“Allah” Ruling: Religious Rights vs. Public Reaction (2021)
In 2021, the High Court ruled that non-Muslims in Malaysia have the right to use the word "Allah" in their religious publications, declaring the 1986 ban unconstitutional. However, this was a legal win for Christian and indigenous communities. This decision sparks backlash from Muslim groups led the government to appeal, illustrating public sensitivity.
Initially, the government announced plans to appeal, but in 2023, it decided to withdraw.
The backlash revealed how emotionally charged religious language can be in Malaysia. On social media platforms like X (formerly Twitter), Malaysians were deeply divided—some welcomed the decision, while others saw it as a threat to religious purity.
Harmony vs. Honest Dialogue under Cultural Context
Malaysia’s multicultural and multi-faith nation Malaysia’s identity as a multi-ethnic and multi-religious nation makes it unique—but also complex when it comes to open dialogue. Laws around race, religion, and royalty (the 3Rs) are intended to keep society peaceful.
Yet critics argue that these laws are often used to avoid uncomfortable conversations about Bumiputera affirmative action, the role of Sharia within a secular system, or the monarchy’s political influence. A societal divide continues, some argue these measures preserve stability to avoid chaos, while others say they stifle truth and reform.
The Future of Speech and the 3Rs
With changes to the Sedition Act in 2023, by narrowing down to focus only on royalty, leaving out race and religion, will somewhat restore balance, or limit scrutiny further?
While this appears to reduce the scope of the law, many remain concerned that criticism of royalty could still be penalized under vague definitions.
Tighter controls on online safety and licensing regulations has been established. The government passed the Online Safety Bill, which gives more power to Malaysia’s internet regulator (MCMC) to remove harmful or sensitive content.
Starting in 2025, large social media platforms operating in Malaysia must apply for a government license. This includes Facebook, TikTok, YouTube, and others.
These changes mean that platforms may start policing content more aggressively, especially when it involves the 3Rs. Many fear this will cause people to censor themselves online, even before any law is broken.
As for the Allah Case, it comes as a symbol of a larger issues. The public reaction to the “Allah” debate offers a microcosm of how deeply emotional and unresolved these issues remain—suggesting that reform may be more cultural than solely legal.
But... Can We Speak Freely Now?
The 3Rs remain the most guarded areas of public discourse in Malaysia. Their protection reflects the country's commitment to national unity and cultural respect. While laws exist to promote peace and unity, they often limit meaningful discussion and silence those who wish to challenge the status quo.
The future of free speech in Malaysia depends on whether society can find a middle ground, protecting mutual respect while encouraging open, honest conversations. Until that balance is found, people will continue to speak with caution, especially when their words touch the invisible boundaries of the 3Rs.
Sources:
- https://www.aljazeera.com/news/2019/3/9/malaysian-jailed-for-more-than-10-years-for-insulting-islam
- https://www.malaymail.com/news/malaysia/2023/07/25/azalina-cabinet-agrees-to-restrict-sedition-act-to-only-royalty-issues/81670
- https://www.rahmatlim.com/perspectives/articles/29689/mykh-online-safety-bill-2024-enhancing-online-safety-in-malaysia
- https://www.aljazeera.com/news/2015/4/3/malaysia-cartoonist-charged-with-sedition-over-tweets
- https://theedgemalaysia.com/article/high-court-rules-use-word-allah-nonmuslims-all-over-malaysia-allowed
Written by Raihan.
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