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Issue 44 – Trust WAF to know where to sell your kidney



Apa khabar? We are excited about the trivia night – i.e. our first ever event, and we hope that you are too. 

FAW (frequently asked worries): Oh but I don’t know the law. I don’t think I’ll survive this.
A: Wrong. The questions will merely be law-themed, which means, we may simply ask about a movie that’s law-themed, or about a singer who has a law degree. 

Looking at the RSVP list, we can tell you that people from all walks of life will be there, so take it as a networking event or a chance to meet new people. Still not convinced? Just come and support these two girls who’ve been feeding you newsletters every week. 

Niresh Kaur, Shambavi Shankar

Fun stuff coming up!


What’s the tea in Malaysia?

sipping tea
Source: Tenor / Suits

To tax or to ban? 

Referring to the exemption of nicotine from the Poisons Act, the government’s decision to do so was made in order to implement its plan to impose taxes on vape liquids.  
The Malaysian Medical Association expressed concerns that the removal of nicotine as a controlled substance under the Poisons Act would enable vapes to be sold legally and openly to children of any age.

Source: Giphy

Ah well, but steps are being taken of course: After the gazette of excise duty for vape liquids containing nicotine, the Ministry of Health (MoH) is said to introduce new law to regulate the use of nicotine.

Keeping up with the Gov of Malaysia

Dewan Negara approved the Sexual Offences against Children (Amendment) Bill 2023
What’s in it: replace the term ‘child pornography’ with ‘child sexual abuse material’ in the Sexual Offences Against Children Act 2017 (Act 792): In short the change of term is to increase the level of seriousness of this issue (and to make people like Rina Harun understand).
New section 15A: deals with live-streaming sex and extends the scope of prosecution beyond individuals who engage in / observe sexual performances involving children to include all parties involved in this, including organisers, hosts, middlemen, or any other syndicates.
New Section 26A and Section 26B: grants the court the authority to order convicted offenders to provide compensation to their victims.

Source: Giphy

Here is the status of other bills.

Why the Red Axia incident is no laughing matter

In a recent incident, a young couple were arrested for engaging in gross indecency under Section 377D of the Penal Code

How did the arrest come about? A man who caught sight of this incident took the liberty to record the event and this video was later posted on TikTok – it is unclear whether the person who recorded it posted the video. Upon the video becoming viral, the police stepped in and caught the couple. They are now released on bail.

So are you saying social media vigilante works? No. The man who recorded the video distributed it (even if he wasn’t behind the TikTok account). It is an offence to be in possession of obscene materials in Malaysia. Remember the case of the couples in Bangsar South caught having sex and the filmmaker got into trouble? The same rules apply.  


Let’s also not forget that the person in question is also a minor. 

On top of this, some news agencies have also conveniently violated Section 15 of the Child Act 2001. It is an offence to publish pictures/videos of a child which news agencies such as Berita Harian, Harian Metro and Sin Chew Daily did. Some other news agencies did blur these photos, but even this is questionable as it risks exposing the identity of the child. 

Anything for clout, eh? Let’s do better, Malaysians. 

Other highlights of the week:

1. The Penal Code (Amendment) (No.2) Bill 2023, Criminal Procedure Code (Amendment) (No.2) 2023, and Mental Health (Amendment) Bill 2023 — were tabled for the first reading in the Dewan Rakyat on April 4. This is properly summarised in the infographic below: 

Source: Malay Mail

2. In a country where pornography is banned, quite a number of people still find their way to watch porn. 81 percent of participants in a survey conducted by Csiro Publishing stated that they have intentionally consumed pornography. Is that legal? Not really. As long as this content is not stored on your device (i.e. watching them online only), and it is not child pornography (criminal offence) …

Source: Tenor

Trivia answers from last week

1. (Question may be a little dark) If you run over someone, killing them, do you have a duty to report this to the nearby police station? 
Yes. Section 52(2) of the Road Transport Act 1987 requires police report to be made within 24 hours of the incident – this rule applies even if you don’t kill the person.

2. Will this section (Corrosive and Explosive Substances and Offensive Weapons Act 1958) apply if you waved a knife in your bedroom, a private setting. 
No. However, acts of criminal intimidation is a punishable offence under Section 506 of the Penal Code

3. Legally, can you beat up an officer who accidentally hit you first? 
Section 96 of the Penal Code accords you with your right to defend yourself. However, the self-defence rule in Malaysia is not absolute so thread carefully. 

Source: Tenor / maund002

Question of the week

Q: Is it an offence to send nudes to someone? 

Source: Tenor / SaintDenisSanches

Answer for last week’s question

Q: Did you know that in Malaysia, the legal minimum age for marriage is 18 years old? However, there is a legal exception that allows Muslim girls under the age of 16 to marry – Can you guess what this legal loophole is?

A: Under Malaysian law, the legal minimum age of marriage for Muslim men is 18 and 16 for women and this is governed by Islamic family law in the Shariah courts
However, there is a legal loophole that allows Muslim children under the age mentioned above to marry with the permission of a Shariah court. 

Source: Giphy

Got questions? Email us at apakhabar @ whatsrightmy(dot)com 

Subscript: We aspire to respond to our emails like we respond to our WhatsApp texts – 2 days later. 

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