Right to Internet vs. Right to Access Internet: Constitutional Limits on Banning Social Media Access for Youth
The growing calls to restrict youth access to social media reflect a deeper constitutional unease: how far can the state regulate digital space before it begins to hollow out the very rights it purports to protect? In Malaysia, this debate is often framed as a matter of public policy - centred on safety, morality, and psychological wellbeing. Yet, at its core, it is a constitutional question about whether fundamental liberties under Part II of the Federal Constitution retain meaning when civic life has migrated online. The distinction between a “right to the internet” and a “right to access the internet” is therefore decisive. It forces us to confront whether constitutional freedoms survive when access to their primary medium is curtailed. Article 10 guarantees freedom of speech, assembly, and association, but its meaning has been shaped significantly by judicial interpretation. In Sivarasa Rasiah v Badan Peguam Malaysia , the Federal Court articulated a transformative principle:...