Introduction

The issue of hate speech is not new in Malaysia; it has existed for a long time. Hate speech generally refers to a form of intercultural dialogue with the potential to destabilise societies, particularly multiracial ones, and disrupt communication between communities.

The rise of internet literacy in Malaysia has further evolved the nature of hate speech. Previously confined to traditional mediums such as books or oral speeches, hate speech has now spread to online platforms, which are more challenging to regulate due to their anonymous, persistent and immersive nature.

Recent data shows that Malaysia has one of the world’s highest internet penetration rates, at 97.4 per cent in 2024. Moreover, Malaysians spend an average of eight hours and 17 minutes online daily, the highest globally. While these developments are seen as positive, they also contribute significantly to the widespread dissemination of online hate speech.

What is hate speech?

Hate speech lacks a universal, standardised definition. The United Nations, for example, defines hate speech as “any form of communication that attacks or discriminates against individuals or groups based on factors such as religion, ethnicity, nationality, race, colour, descent, gender or other identity markers”. Similarly, the European Union describes hate speech as “expressions of hatred, humiliation or degradation directed at individuals belonging to specific groups or communities”.

In Malaysia, Section 6.1 of the 2022 Content Code expands the scope of hate speech beyond racial and religious elements to include gender, sexual orientation and disabilities. Despite this, issues surrounding race, religion and royalty – commonly referred to as the 3R issues – remain the primary drivers of online hate speech and societal division. These 3R issues present a significant challenge to fostering harmony in Malaysia’s multiracial and multireligious society.

Particularly concerning is that Malaysian youths, the largest segment of internet users, are increasingly targeted for indoctrination and radicalisation through online hate speech. A study by the Southeast Asia Regional Centre for Counter-Terrorism (SEARCCT) reveals that terrorist groups now use online video games and the dark web to recruit young people and propagate hate-fuelled ideologies.

Some scholars argue that hate speech constitutes a form of non-physical violence. Unlike physical violence, this type of harm relies on emotional and psychological damage to achieve its objectives.

Laws governing hate speech

Freedom of speech is recognised and protected at both international and national levels as a vital pillar of democratic societies. Internationally, freedom of speech is upheld by Article 19 of the Universal Declaration of Human Rights (UDHR) and Article 19 of the International Covenant on Civil and Political Rights (ICCPR). However, these rights are not absolute. Article 29 of the UDHR and Article 19(3) of the ICCPR permit restrictions to protect public order, morality and national security.

At the national level, Article 10(1)(a) of the Federal Constitution protects freedom of speech in Malaysia. However, this freedom can also be restricted under Article 10(2)(a) and Article 10(4) to safeguard public order and prevent sensitive issues – such as Bumiputera rights and the sovereignty of the Malay rulers – from being questioned. In this context, these restrictions encompass hate speech, particularly the 3R issues.

Despite this, Malaysia currently lacks a specific law to regulate hate speech, whether online or offline. Instead, various existing laws are used, depending on the medium, subject or circumstances involved.

For example, the Sedition Act 1948 criminalises “seditious tendencies”, including inciting racial hostility and questioning rights protected under the Federal Constitution. However, the Act is often criticised for being a colonial relic and for its broad, ambiguous definitions.

Additionally, the Communications and Multimedia Act 1998 – specifically Sections 211 and 233 – plays a crucial role in regulating online content, including hate speech. While these provisions do not explicitly address hate speech, offensive content can be classified as such under Section 6.1 of the 2022 Content Code. Despite these measures, the Malaysian Communications and Multimedia Commission (MCMC) reported a sixfold increase in hate speech complaints, rising from 422 in 2022 to 2,858 in 2023. This significant surge raises concerns about the effectiveness of existing laws in addressing hate speech.

Equally worrying is the inadequacy of self-moderation efforts by social media platforms in curbing online hate speech. For instance, platforms were heavily criticised in the United Kingdom for failing to prevent hate speech, which led to recent racial riots. This raises questions about the accountability, integrity and liability of social media providers in ensuring their platforms remain safe for public use.

Conclusion

Online hate speech is a growing threat that must not be ignored. While existing legal tools offer some protection, they remain inadequate for today’s digital challenges. A more proactive strategy – combining legislative improvements, multi-stakeholder collaboration and education – is essential to curb hate speech effectively while protecting freedom of expression.

The time for action is now.

-- BERNAMA

Dr Hafidz Hakimi Haron (hafidz.hakimi.haron@uum.edu.my) is a Senior Lecturer at the School of Law, College of Law, Government and International Studies (COLGIS), Universiti Utara Malaysia