KEY ISSUES 3. FREEDOMS OF EXPRESSION AND INFORMATION Freedom of expression is enshrined in the UDHR and represents an important democratic value. However, arbitrary application of laws like the ISA, the Official Secrets Act 1972 (OSA), the Sedition Act, and the Printing Presses and Publication Act 1984 (PPPA) has led to certain publications being banned in Malaysia. The withholding or revocation of publishing permits – purportedly to maintain social order – restricts the freedoms of expression and information. The Commission maintained its call for Article 10 of the Federal Constitution and Article 19 of the UDHR to be respected. The latter states that everyone has the right to freedom of opinion and expression, including the freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. The Commission recommended the formation of an independent media council to enable industry-led self-regulation, to arbitrate disputes or complaints, and monitor compliance with the professional code of ethics. 4. FREEDOM OF RELIGION – CONVERSION ISSUES The Commission had submitted a memorandum to the Conference of Rulers in October 2009 which highlighted issues of conversion of a spouse that give rise to other problems including guardianship and maintenance. This is due to the fact that the administration of Islamic law in the enactments of some States, as well as the Federal Territories Act, does not have provisions dealing with such issues. Thus, in the representation to the Conference of Rulers, the Commission called for uniformity in the administration of Syariah laws in the States and Federal Territories, and for a clear procedure in conversion cases. In November 2010, the Commission wrote to the Attorney-General’s Chambers to follow up on the matter. In December, the Commission received a reply, stating that steps are being taken to amend laws related to this matter, in order to resolve the problems. 5. TRAFFICKING IN PERSONS The Commission lauded the amendments to the Anti-Trafficking in Persons Act 2007 (ATIP), taking into account recent developments in Malaysia. However, the Commission is concerned that the amended Act also covers the smuggling of migrants. Trafficking in persons and smuggling of migrants must be treated as separate issues so as to avoid problems in identifying victims of human trafficking. Identifying those trafficked as smuggled migrants may lead to human rights violations, where the victims may be wrongly deported for breaching immigration laws. Conversely, smuggled migrants may obtain protection at shelters to which they are not entitled. 14