©The Malaysian Insider (Used by permission)
The Malaysian Bar refers to the decision of the Attorney–General to charge Bilqis Hijjas, under Section 14 of the Minor Offences Act 1955, for behaving in a manner that insults, with the purpose of raising anger that could likely occasion a breach of peace (“berkelakuan dengan cara yang menghina dengan tujuan membangkitkan kemarahan di mana keamanan mungkin terganggu”).
It has been reported that this charge has been preferred against her for her alleged conduct of dropping three yellow balloons, featuring the words “democracy”, “free media”, and “justice”, respectively, at an event on August 31, 2015 that was attended by the prime minister and his wife.
Even assuming that the alleged conduct did occur, it is difficult to comprehend why this purported act is regarded as insulting behavior that could cause anger and a breach of peace.
The words “democracy”, “free media”, and “justice” are positive, and are commonplace terms in any democratic society.
The expression of these words – when done in a peaceable manner, form or medium – merely serves to bolster and strengthen democratic principles.
There is nothing insidious, objectionable or threatening in the use of these words in the exercise of democratic rights, particularly as part and parcel of the constitutionally protected right to freedom of speech and expression.
It is therefore impossible to fathom that anyone who genuinely subscribes to, or practises, these principles would find their peaceable expression to be insulting to the point of potentially causing anger and a breach of peace.
The Malaysian Bar therefore urges the Attorney–General to reconsider the matter and withdraw the charge.
The prosecution would be inimical to the exercise of fundamental liberties, and a waste of time and an unnecessary drain on the resources of the Attorney–General’s Chambers, which would be better spent pursuing the prosecution of crimes of greater or immediate concern. – September 23, 2015.
* Steven Thiru is president of The Malaysian Bar
* This is the personal opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insider.