PETALING JAYA: There are existing laws that regulate the public display of national emblems, including foreign flags, in Malaysia, says a legal expert.
Datuk Indrani Thuraisingham, the legal adviser to the Federation of Malaysian Consumers Associations (Fomca), said that firstly, the National Emblems (Control of Display) Act 1949 (Revised 1977), oversees how national emblems, such as flags and banners, can be displayed.
"Then we have the Emblems and Names (Prevention of Improper Use) Act 1963, which regulates the unauthorised use of emblems and names, particularly for commercial and professional purposes.
"It also addresses improper use of the Malaysian flag," she said in an interview on Monday (Jan 20).
When asked, Indrani said the National Emblems (Control of Display) Act 1949 was a short Act with only eight sections.
"Section 2 of the Act defines a 'national emblem' as any flag, banner or similar symbol claiming to represent any State or political group asserting to be a national movement in any State.
"It also includes any likeness or resemblance of current or former national leaders of any State or such political organisations.
"Here, 'State' refers to any country other than Malaysia, including any part of it or its dependencies," she said.
Section 3 of the Act prohibits the public display of any national emblem, including foreign flags, unless exceptions (under Section 4) or exemptions (Section 5) apply, she said.
"According to Section 3, no one is allowed to display any national emblem of a foreign country in public or at any school.
"An emblem is considered as publicly displayed if it can be seen from any road, street or place accessible to the public, whether freely or for payment.
"In simple terms, Sections 2 and 3 say that no one should display any foreign flag in public or at schools."
However, Indrani noted that Section 4 of the law stated that the ban does not apply to the display of a national emblem by:
(i) Diplomatic or consular representatives of foreign powers in Malaysia, officially recognised by the Government;
(ii) Representatives of Commonwealth governments, British dependencies, or the Republic of Ireland, officially recognised in Malaysia;
(iii) People granted specific immunities and privileges under the Diplomatic and Consular Privileges Ordinance 1957.
"The ban also does not apply to the display of national emblems on ships or aircraft.
"Then in Section 5, it is stated that the Minister can exempt certain displays through an order in the Gazette or a written permit, specifying how and for how long the emblem can be displayed."
Indrani noted that Section 8 spelt out the fines and jail terms of the offences.
"Anyone who displays a national emblem against the Act's terms commits an offence and, if convicted, faces imprisonment of up to six months, a fine up to RM500 or both."
While the law might be puzzling for visitors, Indrani emphasised it was crucial to include it in the guidelines for visiting Malaysia and locals should be aware of it as well.
On the other hand, Indrani said the Emblems and Names (Prevention of Improper Use) Act 1963 addresses the unauthorised use of emblems and names, especially for commercial and professional purposes.
She said the Act was amended in 2017 to ensure its ongoing relevance and enforcement.
"It includes a schedule of specific emblems and names that are protected, imposing penalties for their unauthorised use.
"This Act also specifically addresses the improper use of the Malaysian flag, Jalur Gemilang, penalising disrespectful or insulting actions," she said.
COMP
Malaysian Law, Foreign Flags, Public Display, National Emblems (Control of Display) Act, Emblems and Names (Prevention of Improper Use) Act