Brunei

By Candace Taggart

1. Introduction

Brunei, also known as the Nation of Brunei, Abode of Peace and Brunei Darussalam, is one of the few both absolute and Muslim monarchs left standing globally, along with Qatar, Oman and Saudi Arabia.^[1] It is a sultanate under Hassanal Bolkiah ibni Omar Ali Saifuddien III (more commonly known as Sultan Hassanal Bolkiah) who has been ruling since 1967. Brunei is not considered a free country and Freedom House gives it a score of 28 out of 100 for global freedom in 2023.^[2] Reporters Without Borders ranked Brunei 142 of 180 countries in 2023 for its freedom of speech and press rights, increasing from its 2022 ranking of 140 out of 180 countries for their rights. Since 2010, this rating has increased significantly and only recently began to decline with a score 117 of 180 in 2014 to 156 of 180 in 2017 when there was a case of a government employee that was charged with sedition after criticizing a policy on Facebook^[3], but it’s not certain this action fully affected that score. ^[4] 

2. Historical Background

Brunei is a small nation on the island of Borneo that is 2,226 square miles (5,765 sq km). Its northern coast is off the South China Sea and is bordered by Malaysian state Sarawak on all sides, which separates the country into two parts. With an estimated 2024 population of 455,400, ^[5] Brunei does have one of the highest standards of living in the world. ^[6]  

Brunei has a long and rich history in Southeast Asia. Despite this, there are very few primary sources, records and unbiased secondary sources, so its earliest centuries don’t have any confirmed information, and there is not an exact number of how many sultans or the length of their ruling. The current sultan claims he is the 29th in his dynasty, but historians have not accepted this as fact. ^[7]

Brunei’s history is very much mingled into Malaysian and Borneo history, especially since Brunei Malay is the dominating culture. There is an epic accepted by the Brunei Malay people that suggests they descend from local pagans that converted to Islam in either 1363 or 1405, although some European sources put it much later in the early 1500s, and 1521 is when the Muslim sultanate was first confirmed. ^[8]

From the 16th to 18th centuries, Brunei was considered an important trading center because its reign was over Borneo parts of the central and southern Philippines. However, this claim was mostly by name, since the Brunei powers rarely went into the interior of the island and, instead, stuck to the coastline for commerce.^[9] 

As a monarchy, throne succession disputes caused a split in Brunei, weakening it in the 17th century, and toward the end, an illegitimate son took control and reigned that way for decades before a legitimate line was restored around 1762. In the 18th century, it had trade with China, signed a commercial treaty with the East India Company for protection against pirates, and for the most part, was not threatened by colonialism because it didn’t appear as economically profitable, and its throne disputes were undesirable. ^[10]

From the mid-19th century onward, Brunei had several territory losses to the states of Sarawak and Sabah (then North Borneo); it also lost the Labuan Island in Brunei Bay to Britain. After these losses were stabilized in 1905, what was left was the two small enclaves Brunei is today. ^[11]

In 1888, Brunei as well as North Borneo and Sarawak became British protectorates and formed British Borneo. Brunei did declare itself as a self-governing state in 1959 when the British Resident Era ended, but it was still the responsibility of the United Kingdom, which did aid the country several times, most notably in restoring Brunei (and the rest of British Borneo) after it was occupied by the Japanese Imperial Army from 1941-1945. ^[12] 

Brunei’s current high standard of living can be traced back to April 5, 1929, when oil was struck in the Seria oil field, relieving the national debt and quadrupling revenue in its first decade. While these gains for Brunei were again set back by the occupation of Japanese troops during World War II (1941-1945), the oil and gas business became lucrative again after the territory

was returned in 1946. Seria passed its limit in 1956, but oil was found in Brunei’s continental shelf in 1954 and offshore sites in 1963. Processing of liquified natural gas in Lumut in the 1970s also became very profitable for Brunei.^[13] In 2023, Brunei was the 14th richest country by GDP in the world. ^[14]

Although there was economic success during the mid-20th century, political unrest was occurring. In September 1959, after the British Resident was removed, the sultan had promised to hold elections within two years. This promise was upheld in August 1962, when the Brunei People’s Party (PRB) won but were given no power. A Legislative Council was postponed in December 1962, causing an insurrection by the PRB and its military wing. They took control of towns in Brunei and surrounding territories in Sarawak and Sabah and wanted to create a new state with these areas.

This resurrection failed after British troops were deployed to regain the captured towns, but this resurrection increased tensions between the country Malaysia and Indonesia, which are still present today. During the resurrection, to call in help, the sultan declared emergency powers, which allowed the sultan to pass and enact legislation with no judicial review as well as reducing nearly all limitations on his authority.^[15] This state of emergency is still in place in 2024, and some legislation is still passed this way. In 1963, Brunei refused to join the Federation of Malaysia, which was a merger of Sarawak, Sabah and Singapore with the Federation of Malaya.

Also in 1959, when Brunei became self-governing, they established their constitution, which has had major amendments in 1984, 2004, 2006 and 2014 when Sharia Penal Code was introduced.

^[16]

Sultan Hassanal Bolkhia came into power in 1967, but it wasn’t until 1984 when Brunei declared its independence from Britain. After this, Bolkiah implemented Melayu Islam Beraja or Malay Islamic Monarchy (MIB) as the philosophy for Brunei and appointed himself as the prime minister, which both make him the defender of the faith for the country. Bolkiah’s many roles include “King, Prime Minister, Minister of Defence, Minister of Finance and Minister of Foreign Affairs and Trade.” ^[17]

Brunei’s government structure follows its constitution. This constitution establishes the authority and construction of the Sultan and other government ministries and their responsibilities. This document, English Common Law, Islam/Sharia Law, and Malay culture are also the foundations of Brunei’s government and its judicial and legal proceedings.^[18] 

The Main Departments are the Prime Minister’s Office, Ministry of Defence, Ministry of Religious Affairs, Ministry of Home Affairs, Ministry of Finance and Economy, Attorney General’s office and the Department of Labor and Immigration, as well as the sultan’s senior officers and advisers. ^[19]

The sultan’s executive authority allows him to appoint all ministers, advisers and even justice positions in all the higher courts. Even so, the legislative council can be appointed or campaign for office, but the people do not vote for this election.

In 2014, the Bolkiah introduced the Sharia Penal Code (SPC), which is based on Islamic law and writings such as the Quran. It can apply to Muslims and non-Muslims, but there are provisions that do not apply to non-Muslims. ^[20]

The judicial system is more complex with it having parallel legal and judicial systems with the Sharia Law and Syariah (Sharia) Court system. Muslims and non-Muslim can be tried in either secular or Sharia courts depending on the charge. In more violent crimes, there are courts where Sharia and secular justices rule together. Brunei has a Supreme Court, which is secular, as well as a High Court that can cover appeals and criminal cases and oversees secular subordinate courts. The Sharia courts do have multiple levels as well. ^[21]

In the 2022 United States Bureau of Democracy, Human Rights, and Labor report, Brunei had multiple human rights concerns such as “degrading treatment or punishment by government authorities; arbitrary or unlawful interference with privacy; serious restrictions on freedom of expression and media, including censorship; the inability of citizens to change their government peacefully through free and fair elections; serious restrictions on political participation;” and more regarding Islamic-sanctioned laws and sex crimes.^[22]

Furthermore, the secular and Sharia law both allow for caning as punishment for offenses. The SPC also allows capital punishments such as stoning to death and amputation of hands or feet, but neither of these were imposed in 2022.

3. Free Speech

There is not a Brunei law that constitutes freedom of speech, but there are several laws that limit what a person can say: challenging the royal family’s authority or questioning the standing of the philosophy of the Malay Islamic Monarchy is an offense.

When the SPC was established, it also limited the people’s ability to discuss their thoughts publicly by including laws that bar contempt for insulting the sultan, administration of Sharia or any other Islam-related laws. The DRL stated that in 2022 there were no cases charged in this section of law, but online criticism and newspapers engaged in self-censorship or didn’t permit comments for this topic. The government does have access to private online chat rooms and monitors, censors and restricts internet access.

Many sources like the DRL, RSF, and Freedom House say that Brunei’s main practice in freedom of speech and press is self-censorship. Because of this, finding cases of free speech violations are difficult because of the government’s ability to stop publications and the people’s self-censorship out of fear of punishment. 

Two cases that did make the news involve the sedition act, and as of 2018 are the only two cases involving this act. The first was in June 2006, when three men plead guilty to distributing “a satirical, computer-generated video clip via mobile telephone depicting immediate members of the royal family.” ^[23] In that same year, the attorney general advised internet providers to monitor content themselves.

The other case was that of the government employee who was charged with violating the Sedition Act in a Facebook post. This post contained criticism of the Ministry of Religious Affairs regarding the Halal certification policy. It used strong language and curse words. He was sentenced to 18 months in prison in absentia after fleeing the country and obtaining asylum in Canada.^[24] Because of its origins on Facebook and the screenshot that was posted to Twitter, there was a more widespread reply to this situation. This revealed that while many Bruneians agreed with him, they disagreed with the way he shared his opinion using curse words; some did post about the content being removed, since it was an important opinion. ^[25] As of 2018, the courts are hesitant when it comes to Sedition Act cases, but it is still the law.

Another case that initially set the standard for speech on the internet was an internet forum called BruneiTalk that mentioned business dealings of some public officials, causing it to be blocked in May 2003.^[26]

As mentioned above, it is difficult to find current free speech issues because of the strong self-censorship. The Brunei government doesn’t allow peaceful assembly, and any gathering over 10 people requires a permit granted by the minister of Home Affairs. The DRL listed in its 2022 report that because of this censorship of assembly, civil society leaders have issues in advancing causes:

“A transgender advocate explained that while the LGBTQI+ community was generally safe so long as it did not assemble openly or speak out, these conditions made it difficult to reach out to youth who might be struggling to find support. Organizers of events on sensitive topics tended to hold meetings in private rather than apply for permits, or practiced self-censorship at public events.”

^[27]

When the Sharia Law passed in 2014, it did not include some of the stricter criminal punishments in place today because Bolkiah waited until April 2019 to enact them. These punishments include stoning to death as a punishment for adultery and sodomy, adding onto the other punishments for homosexuality (which is illegal) like whipping and imprisonment for up to 10 years. [28]

These additions to the Sharia Law had a global reaction. The Brunei Investment Agency owns the “Dorchester Collection,” which is a collection of nine luxury hotels in Italy, France, the U.S. and the United Kingdom: the most popular being the Dorchester Hotel in London and the U.S.’s Beverly Hills Hotel and Hotel Bel-Air. [29] When the news of these harsh and homophobic laws went international, many celebrities, including George Clooney, Ellen DeGeneres and Elton John, called for boycotts of these hotels. [30] The Dorchester in London had three protesters who ate in the dining room before unfurling banners and shouting about “standing with our brothers and sisters” and encouraging others to boycott; they were then removed from the property. [31]

As a result of the international protests, nearly a month after the new Sharia Laws were announced, Bolkiah gave a statement that a de facto moratorium has been and will continue to be in place and so that stoning to death will not be used for people charged with sodomy or adultery. [32]

4. Free Press

The law gives the government many chances to shut down media outlets including the right to close a newspaper without giving prior notice or cases where it can prosecute newspaper publishers, proprietors, or editors who publish anything the government deems as having seditious intent. Furthermore, the government owns the only local television and radio stations.^[33] Despite this, there are several social media sites or versions of them available to people in Brunei, such as Facebook, X (formerly Twitter), Instagram and Reddit.

The SPC can prohibit publication or the importation of publications that involve Islam rules contrary to Sharia Law, publications related to religions (other than Islam) can be prohibited from spread to Muslims or non-religious people and the SPC can prohibit “publication, broadcast, or public expression” of a list of words that are generally associated with Islam in a non-Islamic context.^[34]

In 2002, there was an English daily newspaper called the News Express, that was closed after a private law firm successfully sued for defamation. ^[35] A similar story happened with the seceding daily newspaper The Brunei Times (2006-2016) that also shut down concerning private business issues. A Reddit post from two months ago had commenter “PamelaAnderson247” share how both papers pushed the limits on the news the covered, revealing the “not-so-good side of Brunei economy and society” and both were constantly raided, sued, given high fees and more actions taken by local governments until they couldn’t operate anymore. ^[36]

Modern cases of press limitation are not accessible because it is still actively being contained. Again, Reddit posts have been a platform for regular Brunei citizens to air their complaints with little fear of being punished. One comment by “xbunnyj” describes how the Borneo Bulletin, Brunei’s only news source, still actively self-censors to avoid what happened to The Brunei Times, saying, “There are clear and glaring issues on what’s wrong with this country. But none of us can actually point it out. Even if we do send it to [B]orneo [B]ulletin, they wouldn’t post it in fear.” The commenter goes on to mention how some inflation is exploiting the people, but that “We can do nothing about it, except be silent.”^[37]

5. Critical Comparison

Brunei’s freedom of speech and press, or lack thereof, is very different from the U.S., whose goals are to give power to the people and check the government.

The U.S. Constitution makes it the primary law that nearly all speech is protected, sometimes to the extreme. In Brandenburg v. Ohio 1969, even racist, terrorist and anti-Semitic speech was protected under the First Amendment.^[38] This is very different from Brunei, where no speech is protected and rarely even encouraged. Furthermore, the First Amendment not only protects criticism of the government, but to some, it is the reason for the First Amendment. Therefore, prior restraint is held to the highest scrutiny in the U.S. Supreme Court. For example, the Pentagon Papers case established that “Any system of prior restraints of expression comes to this Court bearing a heavy presumption against its constitutional validity.” according to the per curiam opinion. ^[39]  

Brunei outlawed criticism of the royal family, insults to the Sharia Law and Islam, as well as government functions regarding finances are not allowed to be criticized by the people and even the Legislative Council itself. Prior restraint runs rampant, and censorship prevents nearly all stories the Sultan doesn’t want known. For example, one reason that is highly suspected why The Brunei Times closed in 2016 was because it criticized the Saudi Arabian government’s fees for religious purposes; Saudi Arabia has close economic ties with Brunei, and the story had to be repealed and an apology issued. Even after all that, the newspaper was still shut down because of the implementation of restraint against criticizing any government action Brunei might be involved with.

Libel or slander in the U.S. is very different from Brunei as well. In New York Times Co. v. Sullivan, it is established that libel or slander against public figures requires several factors, and even then, it is likely that the Court will rule against the public figure. However, Brunei’s libel law states: “The law prohibits bringing into hatred or contempt, or exciting disaffection against, the sultan or the government” ^[40]

It is asserted that the very basis of the U.S.’s First Amendment is for freedom of press to give voices to the governed and to check the government. Justice Stewart in his opinion in the Pentagon Papers, said that:

“In the absence of the governmental checks and balances present in other areas of our national life, the only effective restraint upon executive policy and power in the areas of national defense and international affairs may lie in an enlightened citizenry—in an informed and critical public opinion which alone can here protect the values of democratic government. For this reason, it is perhaps here that a press that is alert, aware, and free most vitally serves the basic purpose of the First Amendment. For without an informed and free press there cannot be an enlightened people.” ^[41]

However, Brunei’s main news sources are government-owned like Pelita Brunei. Other sources usually restrict themselves from publishing a story until there has been a press release from the prime minister’s office.

6. Conclusion

Brunei’s free speech and free press laws are too restrictive of its people and Brunei-related threads on Subreddit show the people do in fact suffer from it. The U.S. has recently begun to consider social media and internet restrictions but have not begun to monitor and censor like Brunei’s government or individual providers.

Brunei is not a free country, and in comparison, to the U.S., its prior restraints seem detrimental to the people of Brunei’s rights, government participation and quality of life. 

While self-censorship and acceptance is still the norm for Brunei, international actions may be able to help Bruneians in the future. For example, the declaration against execution for LBGTQ+ by the sultan resulted from others using their privilege of free speech and assembly. With the addition of internet monitoring not reaching all the social media platforms, residents are freely speaking against the prior restraints for speech and other downfalls of their country. It’s small steps, but when people can gather and speak, there is not a complete lack of hope for freedom of speech reaching all Bruneians. 

This essay was last updated April 30, 2024.

^[1] https://encyclopedia.pub/entry/31833

^[2] https://freedomhouse.org/country/brunei/freedom-world/2023 https://freedomhouse.org/country/brunei/freedom-world/2024

^[3] https://ifex.org/brunei-government-employee-charged-with-sedition-over-facebook-post/

^[4] https://rsf.org/en/country/brunei

^[5] https://www.britannica.com/place/Brunei

^[6] https://www.bbc.com/news/world-asia-pacific-12990058

^[7] Keat Gin Ooi, Southeast Asia: A Historical Encyclopedia From Angkor Wat to East Timor, 1st ed., vol. 1 (Santa Barbara, California, United States of America: ABC-CLIO, 2004)., 270

^[8]  Ooi, Southeast Asia: A Historical Encyclopedia From Angkor Wat to East Timor., 273

^[9]  Ooi, Southeast Asia: A Historical Encyclopedia From Angkor Wat to East Timor., 274

^[10] Ooi, Southeast Asia: A Historical Encyclopedia From Angkor Wat to East Timor., 271

^[11]  Ooi, Southeast Asia: A Historical Encyclopedia From Angkor Wat to East Timor., 271

^[12]   Ooi, Southeast Asia: A Historical Encyclopedia From Angkor Wat to East Timor., 251

^[13]   Ooi, Southeast Asia: A Historical Encyclopedia From Angkor Wat to East Timor., 276-277

^[14] https://gfmag.com/data/worlds-richest-and-poorest-countries/

^[15] https://unimelb.libguides.com/c.php?g=930183&p=6721965

^[16]  https://www.aseanlawassociation.org/wp-content/uploads/2019/11/ALA-BRU-legal-system-Part-2.pdf

^[17] https://unimelb.libguides.com/c.php?g=930183&p=6721965

^[18] https://www.aseanlawassociation.org/wp-content/uploads/2019/11/ALA-BRU-legal-system-Part-2.pdf

^[19] https://www.pmo.gov.bn/SitePages/Home.aspx

^[20] https://www.aseanlawassociation.org/wp-content/uploads/2019/11/ALA-BRU-legal-system-Part-2.pdf pg. 2

^[21] https://www.aseanlawassociation.org/wp-content/uploads/2019/11/ALA-BRU-legal-system-Part-3.pdf

^[22] https://www.state.gov/wp-content/uploads/2023/02/415610_BRUNEI-2022-HUMAN-RIGHTS-REPORT.pdf pg. 1

^[23] https://2009-2017.state.gov/j/drl/rls/hrrpt/2006/78767.htm

^[24] https://thescoop.co/2019/12/13/ex-civil-servant-convicted-on-sedition-charge-sentenced-to-18-months/

^[25] https://ifex.org/brunei-government-employee-charged-with-sedition-over-facebook-post/

^[26] https://www.refworld.org/reference/annualreport/freehou/2004/en/50101

^[27] https://www.state.gov/wp-content/uploads/2023/02/415610_BRUNEI-2022-HUMAN-RIGHTS-REPORT.pdf pg. 10

[28] https://www.bbc.com/news/world-asia-48211193

[29] https://www.bbc.com/news/world-asia-47769964

[30] https://www.nytimes.com/2019/05/06/world/asia/brunei-gays-stoning-execution.html

[31] https://www.dailymail.co.uk/news/article-6915535/Bruneis-anti-gay-laws-protest-sees-three-men-thrown-Dorchester-Hotel.html

[32] https://www.nytimes.com/2019/05/06/world/asia/brunei-gays-stoning-execution.html

[33] https://www.state.gov/wp-content/uploads/2023/02/415610_BRUNEI-2022-HUMAN-RIGHTS-REPORT.pdf

^[34] https://www.state.gov/wp-content/uploads/2023/02/415610_BRUNEI-2022-HUMAN-RIGHTS-REPORT.pdf pg. 8

^[35] https://www.refworld.org/reference/annualreport/freehou/2004/en/50101

^[36] https://www.reddit.com/r/nasikatok/comments/19avj6k/did_you_know_before_brunei_times_there_was_news/

^[37] https://www.reddit.com/r/Brunei/comments/f54wro/bruneis_freedom_of_speech/

^[38] Brandenburg v. Ohio 395 US. 444 (1969)

^[39] New York Times Co. v. United States, 403 U.S. 713 (1971). Pg. 714

^[40] https://www.state.gov/wp-content/uploads/2023/02/415610_BRUNEI-2022-HUMAN-RIGHTS-REPORT.pdf pg. 8

^[41] New York Times Co. v. United States, 403 U.S. 713 (1971). Pg. 728