DISHONOURING SYMBOL A MATTER OF ‘MENS REA’
Does the publisher intend to mock coat of arms and is that an offence under the law?
APOLICE report against the publisher of a book with its front cover showing a distorted image of our national emblem — the Malaysian coat of arms — has elicited a variety of views.
When I spoke to a Kedah elder on the matter, his response was: “There is time to forgive, and there is time to punish. If an offence has indeed been committed, we must allow the law to take its course.”
Following that conversation, I texted more than 20 close friends and former colleagues on the issue and received their response almost immediately. Less than five per cent said since the publisher had apologised, they are prepared to let the matter end here.
The majority said the dishonour and disrespect cannot be forgiven, and the publisher must face the music, depending on the outcome of the police investigation.
A retired town planner, now an academician, said the artwork is freedom of expression, but the illustration on the cover should be seen in the light of the publisher’s intention. If it is to ridicule and mock the national symbol, punitive action should follow.
A lady corporate figure said that however frustrated a citizen may be against political leaders or the government for their failures in governance, it can never become an excuse or justification to ridicule and mock our national symbol.
A senior lawyer said: “It is much ado about nothing. The publisher is trying to sell his book with an outlandish book cover.” When I asked him whether making a sales gimmick can excuse him for mocking and ridiculing our national symbol, he said if he had contravened any of our laws, he should accept the punishment.
A former senior civil servant said this is an issue of “national honour and dignity”. She agreed that if the action is a criminal offence, the publisher should be punished. For Ramzy, a young town planner in Shah Alam, the whole affair is “plain stupid”.
Nevertheless, we are told that the Home Ministry had instructed the police to commence investigation as the book cover “is believed to be a mockery of the Malaysian coat of arms”.
The book, published in January, containing a compilation of articles and essays and political analysis about the 14th General Election, does not seem to pose a problem with the authorities. It has not, so far, been banned.
Home Minister Datuk Seri Hamzah Zainuddin reportedly said the image had “violated the Emblems and Names (Prevention of Improper Use) Act 1953”.
Bukit Aman Criminal Investigation Department director Datul Huzir Mohamed said police had raided the publisher’s office and seized 313 copies of the book. He said the case is being investigated under the Sedition Act 1948, Emblems and Names (Preventing Unlawful Use) (Amendment) Act 2016, Communications and Multimedia Act 1998, and the Printing Presses and Publications Act 1984.
Speaking on behalf of the publisher, Gerakbudaya Enterprise director Chong Ton Sin told the media: “We did not have any intention to insult anyone with the book cover, or any ill intention for using the image… Nevertheless, I would like to apologise to anyone who is offended by the cover.”
Chong said the cover image was taken from a painting that was displayed at an exhibition in Sarawak many years ago. Using the artwork as the book cover was arranged between the artist and the book editor.
A journalist from a public broadcasting service texted me recently asking about my views on the report against the publisher.
I told her that I had seen the report that morning and I have seen the image. I told her that the critical issue is one of intention or “mens rea”. Does the publisher have an intention to mock and ridicule our national symbol and is that an offence under our law?