Please, we're Malaysians, we don't swear

(A version of this story appeared in the Malay Mail on the 15th of January 2009)

I don't normally open email attachments -- what with viruses, worms and trojans running wild -- but this time I did because it came from a close friend and it was about publishing. It was an English translation of Publication Guidelines from the Ministry of Internal Security, and the date at the bottom of the document was December 2007. (The Ministry of Internal Security, KKDN, was merged with the Ministry of Home Affairs, KHEDN, in March 2008 and is now known as the Ministry of Home Affairs, KDN.)

Though this document does sound like something bureaucrats would write, I am not sure of its authenticity. The translation might be wrong, too.

Section 1 says, "This guideline is to provide information and clarification in respect of undesirable publications highlighted under section 7(1) of the Printing Presses and publications Act 1984." Basically, it lists what the Act covers: publications prejudicial to public order, public interest, national interest, security, morality, likely to alarm public opinion, contravene any law and morality. (But, not in that order.)

Section 2 of the document is on definitions.

Section 3 explains what is considered undesirable in a publication. 'Publications Prejudicial to Public Order' is the first point. The next point is on morality and speaks generally about material that is obscene, sexually arousing, against public decency, proper values, public morality and religion. The remaining five points basically repeat Section 1.

It is in Section 4 that the guidelines go into some specifics. The first sub-section is on writings and articles. Prohibited items include racial and religious prejudice. Okay. Sedition includes all of the former as well as (commentary on) politics and the economy that are contrary to "national principles". So, if the economy is bad you can't say it. Then comes the use of vulgar language. Okay, all you writers out there, if you are writing a story about construction workers, vegetable sellers or politicians in the Parliament, make sure they use proper language and anatomically correct descriptions. We're Malaysians, we don't swear. And, no sexual acts, please.  By the way, mystery and mystical stories that conflict with Islamic principles are also not allowed.

The next sub-section is about publication of pictures. Nudes and nudes with 'private parts' covered by 'something, for example hands, leaves, blacked out/blurred (mosaic) etc,' are prohibited. (Do you feel there is something wrong here? Anyway, watch out, all you photographers and artists.) Next, males and females are prohibited from sexy or indecent poses. Okay females, no bending over or lying face down showing 'a large portion (50%) of breasts', males and females don't sit with legs spread wide showing 'upper thighs'. There are several more mentions of 'private parts'. By the way, both sexes are not allowed 'smooching' and kissing poses, and to embrace. And if you are going to be photographed in a bikini, make sure there is a beach or a pool nearby. But if the pictures are of religious significance then it is okay. (Does that include the Kama Sutra? After all, Kama is the god of love in Hinduism, and the son of Lakshmi.)

The next sub-section is on advertisement. It pretty much covers all of the above, with more references to breasts, private parts and sexual organs. After that come song lyrics and audio recordings. Same same. (Okay, and no suggestive 'moaning' noises on the soundtrack either.)

The final sub-section is on 'Other Publication Material'. (I wonder why this is here; it is mostly about sex toys). Again the primary concern here again are breasts, private parts and sexual organs. Interestingly, also included are 'toys, souvenirs,  clothes and figurines producing vulgar or obscene sounds'. (My curiosity is piqued. Has anyone seen or heard one of those?)

We can conclude from the guidelines (since it is produced by the ministry in charge) that breasts, private parts and sexual organs are the most serious internal security threats facing the country.

Meanwhile, in the UK, John Ozimek writes in The Register that a 35-year-old civil servant Darryn Walker will be prosecuted for the online publication of material that Police and Crown Prosecution Service (CPS) believe to be obscene. The story says that this is the first such prosecution for written material in nearly two decades and it is thought that a guilty verdict could have a serious and significant impact on the future regulation of the internet in the UK.

"The case originated in summer 2007, when Mr Walker allegedly posted a work of fantasy --titled Girls (Scream) Aloud -- about pop group Girls Aloud ... The story describes in detail the kidnap, rape, mutilation and murder of band members Cheryl Cole, Nadine Coyle, Sarah Harding, Nicola Roberts and Kimberley Walsh, and ends with the sale of various body parts on eBay."

Lady Chatterley's Lover took the 'obscenity test' in 1960 and passed.

The 1959 Obscenity Act of UK says in the section on The Test of Obscenity: "(1) For the purposes of this Act an article shall be deemed to be obscene if its effect or (where the article comprises two or more distinct items) the effect of any one of its items is, if taken as a whole, such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it."

But under defence of public good it says:

4 (l) A person shall not be convicted of an offence against public good and an order for forfeiture shall not be made under the foregoing section, if it is proved that publication of the article in question is justified as being for the public good on the ground that it is in the interests of science, literature, art or learning, or of other objects of general concern.

(2) It is hereby declared that the opinion of experts as to the literary, artistic, scientific or other merits of an article may be admitted in any proceedings under this Act either to establish or to negative the said ground."

No one has been convicted in a long time.

I guess Malaysian bureaucrats are cleverer lah. They ban first. No need to go to court.