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Friday, August 23, 2013

Disrespect of Negaraku can land you in jail


Did you know that disrespecting the national anthem can land you in jail?

According to the National Anthem Act 1968, failing to stand up as a mark of respect when ‘Negaraku' is played could leave you RM100 poorer or worse, land you in the slammer for a month.

But David Matthew, a lawyer who specialises in administrative law, warned that merely standing up may not be enough to get you off the hook.

NONE"If you look at Section 8(2) of the Act, it says that any person who knowingly shows disrespect towards the anthem is liable.

"This could mean someone who has got his feet up with his soles facing the screen, or someone standing cross-legged.

"What if someone is standing up, but waving his hands around or eating? This could be deemed disrespectful... The provision is wide," he said when contacted by Malaysiakini.

He was commenting on the little known Act, which would affect movie-goers from Aug 28 to Sept 3.

It was announced this week that the ‘Negaraku' and two patriotic short films would be played in cinemas prior to a feature film to commemorate the National Day.

Beware of enthusiastic citizens

Section 8(1) of the Act states that the "all persons present shall stand to attention as a mark of respect" when an anthem is played or sung, except if it is part a "broadcast or news-reels".

Asked if broadcast also meant the movie reel played in a cinema, Matthew replied: "We will have to look at the definition of broadcast per se, but it is arguable."

In Thailand, where the national anthem is played in public places twice a day and in cinemas, vigilant citizens have reported others or made citizen arrests against those who do not stand still when it is played.

However, Matthew does not see this happening here.

"But there's nothing stopping someone from trying to bring (a cinema patron) to a police station," he said.

He said Malaysians planning to catch a flick in the affected period should take note that Section 9 of the Act states that a police officer can arrest on sight, but one can avoid this by providing the officer with one's contact details.
namewee negarakuku police bukit perdana 230908 04On a happier note, Matthew said to his knowledge no one has been prosecuted for disrespecting the 'Negaraku', not even Namewee (left) who shot to infamy with his protest version 'Negarakuku'.
"Plus normally whenever there is a fine or custodial sentence, the courts would impose a fine, unless there are extenuating circumstances or the disrespect is extremely grave," he said.

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