Not Lese Majeste Then, Simple Obscenity

Wednesday, May 20, 2009 13:39
Posted in category Current Affairs, Malaysia

The Star Online (Malaysia) reported today that a couple in Penang have been charged with spreading an obscene comment on the Sultan of Perak by publishing it on a website.

They have been charged under Section 292 (a) of the Penal Code, which carries a jail sentence of up to three years or a fine or both. This section deals with the production, distribution, circulation etc of obscene materials, and would cover pornography and a whole range of similar matters.

They face an alternative charge of posting the obscene remark on the Internet with an intention to hurt other people’s feelings, an offence, under Section 233 (3) of the Communications and Multimedia Act 1998 (Act 588), which carries a jail sentence of up to five years or a fine of up to RM50,000.

Pretty stiff for obscenity, but that is the law in Malaysia.

In a recent post Malaysia to Step Up Policing of Internet I commented on the tendency of many Malaysian blogs to be laden with expletives, expecially in the comments.

I’m not sure whether it is because many people there are unable to express their ideas coherently without resorting to expletives, or whether it is a cultural thing as in hip, savvy people swear. Whatever, I am highly selective about which blogs I visit as I prefer to read intelligent stuff - juveniles swear, adults reason.

The Sultan of Perak is at the centre of a Constitutional Crisis in his state, as I covered in Perak and Malaysia - Democracy Rising.

In Malaysia it is not an offence to criticise the Sultans or rulers, but this should be done in a reasoned manner otherwise it does lay one open to being charged with other offences.

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