During the height of the Isreali-Palestian war, we saw people flying all sorts of flags in support of their cause. Many displayed the Palestinian flags while some chose to fly the Israeli flag.
It then came as a shock to many Malaysians when a local man was sent to prison for six months and fined RM500.00 for a seemingly innocent act – flying an Israeli flag.
This incident raises an interesting question – is it against the law to fly the Israeli flag in Malaysia?
This might come as a surprise, but there actually is a specific law that deals with displaying of flags and other national emblems, aptly called the National Emblems (Control Of Display) Act 1949 (“Act”).
Interestingly, it is against the law to publicly display the national flag of any other country. In fact, it’s illegal to publicly display flags, banners and emblems of any national leader or any leader of any political organization.[1]
So, it is not that the Israeli flag is illegal in Malaysia. Rather, Malaysian law simply bans all flags in public except the Malaysian flag. The Minister does retain some powers under the law to make exceptions under a published gazette. Clearly, the Israeli flag was not among the exceptions.
Although we can recognise the negative sentiments towards Israel following the inhumane acts committed on the people of Palestine, we must ask ourselves this – what do we accomplish from putting a man in prison for flying a flag?
The reality is that the Act is not often enforced.
Have you ever seen someone with a Che Guevara t-shirt? Perhaps a Barrack Obama poster? What about a foreign team’s supporters flying their flag at a football match? Or maybe you’ve seen lorries with the Palestinian flag tied to it?
All of these could be crimes under the Act.
This begs the next question – why don’t we hear about more people going to prison for violent flag waving?
Well, not all flag-flying incidents are equal. The Public Prosecutor exercises discretion, considering the intent, context, and magnitude before deciding whether someone ought to be charged in court under the Act.[2]
Also, not all flags are equal, politically and ideologically speaking. It is obvious that the reason the man was charged is likely because the Israeli flag is widely seen as a symbol of oppression and violence in Malaysian society, which would ignite an emotional response. This may have been a motivating factor for the Public Prosecutor.
Nonetheless, the recent incident serves as a stark reminder that we could be committing crimes without even realising it.
As ignorance is never an excuse, I hope you now know why you should hide your flags.
[1] S. 2 & 3, National Emblems (Control Of Display) Act 1949
[2] S. 8(2) National Emblems (Control Of Display) Act 1949
About the Author
Sahain is a Legal Associate of XK Law. He graduated with Honours from the National University of Malaysia. Sahain believes that the legal fraternity plays an integral part in the operation of the rule of law in Malaysia and is keen to utilise his legal education towards the betterment of society and the country.
