Allegedly insulting Islam and Malaysia in viral video, local e-hailing driver may face up to 3 years in jail

25 Jun 2024 • 1:00 PM MYT
ADIL Legal
ADIL Legal

Ahmad Danial Iswatt & Luqman Advocates & Solicitors. www.adillegal.com

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A viral video has caused the ire of Malaysians recently, showing how a local e-hailing driver was essentially talking bad about our country to a foreign tourist from the UK who was visiting Penang.

Worse, the e-hailing driver even went over the line by allegedly making insulting remarks about Islam and derogatory accusations about our country, claiming that Malaysia bans the consumption of alcohol and gambling.

Image from: Allegedly insulting Islam and Malaysia in viral video, local e-hailing driver may face up to 3 years in jail
Image source: Facebook

The video, which was posted and went viral on TikTok has since been removed from the platform. However, it was reuploaded by many public social media accounts.

In fact, as reported by Berita Harian, it caused such an uproar that at least 1 police report about the e-hailing driver’s actions has been made, with the Inspector General of Police (IGP) Tan Sri Razarudin Husan confirming that the uniform body is now investigating the matter.

So, what actions can be taken against the e-hailing driver for his allegedly insulting remarks as seen in the video? Well, join us as we delve into the relevant laws below.

Image from: Allegedly insulting Islam and Malaysia in viral video, local e-hailing driver may face up to 3 years in jail
Image source: Facebook

Section 298 of the Penal Code

Based on the video, one potential action that may be taken against the perpetrator is a charge under Section 298 of the Penal Code for uttering words with deliberate intent to wound the religious feelings of any person below:

Image from: Allegedly insulting Islam and Malaysia in viral video, local e-hailing driver may face up to 3 years in jail
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As per the above provision, it can be argued that the e-hailing driver had deliberately uttered words which had wounded the religious feelings of any persons, in this context Muslims, in our country.

Accordingly, should he be charged and convicted under this provision, the man may face up to 1-year imprisonment, a fine, or both.

Section 504 of the Penal Code

Besides that, another Penal Code provision that is relevant to this case is Section 504 for intentional insult with intent to provoke a breach of peace below:

Image from: Allegedly insulting Islam and Malaysia in viral video, local e-hailing driver may face up to 3 years in jail
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Based on the video, the e-hailing driver may face a charge under this provision for his alleged act of intentionally insulting and provoking Muslims and Malaysians in general while knowing that it is likely that such provocation will cause a break in public peace or to commit any other offence.

Should he be charged and convicted under Section 504 of the Penal Code, the e-hailing driver may face up to 2 years in jail, a fine, or both.

Section 4(1) of the Sedition Act 1948

Furthermore, the case may also incur an investigation under Section 4(1) of the Sedition Act 1948 below:

Image from: Allegedly insulting Islam and Malaysia in viral video, local e-hailing driver may face up to 3 years in jail
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According to the above provision, the e-hailing driver may have committed an offence under the Sedition Act for uttering seditious words.

Should he be convicted under Section 4(1) of the Act, he may face a fine of up to RM5,000 or imprisonment of up to 3 years or both.

Image from: Allegedly insulting Islam and Malaysia in viral video, local e-hailing driver may face up to 3 years in jail
Image source: Facebook

Moving forward, it’s now up to the authorities to investigate the incident and apprehend the e-hailing driver should he be found to have committed any offences under Malaysian law. In the meantime, it’s important for everyone to remain calm and let the law run its course.

For more insights into the Malaysian legal system such as this, do make sure to follow us on Facebook and Instagram or visit our official website. You can also read our articles on the popular Malaysian news aggregator app Newswav here.

About us

Image from: Allegedly insulting Islam and Malaysia in viral video, local e-hailing driver may face up to 3 years in jail
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Ahmad Danial Iswatt & Luqman is an esteemed law firm that delivers best-in-class legal solutions to individuals, businesses and legal entities in Malaysia and beyond. We offer ease of mind to our wide range of clients by dismantling complex legal challenges with novel solutions through exceptional legal advisory and representation.

Our distinguished partners of diverse backgrounds and expertise have achieved significantly favourable results in all levels of courts in Malaysia, from high-profile civil and criminal litigation proceedings to complex cases in which the outcomes have become binding precedents for the laws of the country. Backed by a growing team of exceptional lawyers and capable support staff, we aspire to be at the forefront of the legal sphere to satisfy our clients’ dynamic demands and ever-increasing complexity.


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