Chapter 3 - Report of the Research and Policy Development Group Section 114A, in its existing form and without legislative safeguards, may have a chilling effect on freedom of expression, the right to which is enshrined in Article 19 of the UDHR and the International Covenant on Civil and Political Rights. While the Commission acknowledges that national security is paramount in ensuring peace and stability, it is also of the view that Section 114A must be reviewed or even repealed to protect freedom of expression and the presumption of innocence until guilt is proven. (c) The Printing Presses and Publications (Amendment) Act 2012 Over the years, the Commission has consistently called for a review of media-related laws that restrict freedom of expression. As such, the Commission welcomes the amendments to the Printing Presses and Publications Act 1984 which came into operation on 15 July.9 One provision modifies the Minister’s absolute discretion on the issuance of printing and publishing permits. Another revokes the requirement for annual renewal of such permits. In addition, there is a right to be heard before any revocation of permit, and any decision of the Minister in this regard is subject to judicial review. The amendments are encouraging as they are steps toward the full realisation of press freedom and the right to freedom of information. (d) Universities and University Colleges (Amendment) Act 2012 The Commission welcomes the amendment of the Universities and University Colleges Act (UUCA). In its Annual Report 2011, the Commission had highlighted its research into several provisions, specifically Sections 15(5)(a), 15(D)(1), 16C(2) and 16B(3B).10 These sections violate freedom of association and freedom of expression, the right to a fair hearing, the right to education and the right to legal representation of one’s own choice. Hence, the Commission recommended that the Government reviews the provisions. This appears to have led to the amended Section 15, which came into operation on 1 August.11 It extends the student’s right of association to include the right to become a member of any political party. The removal of the restriction on students to express their support for, sympathy with, or opposition to political parties is indeed the way forward in upholding the right to freedom of expression, as envisaged by Article 19 of the UDHR. More importantly, the amendment has brought the UUCA in line with Article 119 of the Federal Constitution.12 9 10 11 12 P.U(B) 223/2012 Section 15(5)(a) disallowed students’ involvement in politics. Sections 15(D)(1) and 16C(2) provide for suspension of a student of a university when charged with an offence or during the pendency of disciplinary proceedings, which is inconsistent with the principle of ‘innocent until proven guilty’. Section 16B(3B) provides for the right of a student accused of breaching disciplinary rules to be represented by an employee or another student of the university – which denies the right to be represented by a legal practitioner of his/her own choice. P.U(B) 257/2012 In its Annual Report 2011, the Commission asserted that the former Section 15(5)(a) violated Article 119 of the Federal Constitution. While Article 119 provides that every citizen above the age of 21 is qualified to vote, which is a form of expression and participation in politics, the former Section 15(5)(a) restrained students from expressing their views, sympathy with or opposition to political parties – elements which are essential in the exercise of voting rights. 83