Ever seen your friends’ post couple photos on social media? Have they ever shown public displays of affection (PDA) right in front of you?
Occasionally, you’ll feel annoyed right?
Have you ever thought about the legality of said PDA?
First and foremost, let’s discuss PDA.
The degree of PDA varies, it could range from simple pictures of meals together and gift giving to more explicit content such as french kissing or even photographs of sex toys.
According to Section 509 of Malaysia’s Penal Code, whoever intending to insult the modesty of any person by uttering any words, sounds or gestures or exhibiting any object,
intending that such word or sound shall be heard or that such gesture or object shall be seen, commits an offence punishable with imprisonment for a term which may extend to 5 years or with fine or with both.
In other words, if you post content portraying public displays of affection with an intent to insult the modesty of others, the act may be against the law.
To illustrate, assume there have been recent reports on lewd acts in public causing people discomfort. Hypothetically, if you insist on filming sexually suggestive content with your partner at the park, this could constitute an illegal act.
At this juncture, you may be wondering, what if I have no intention of insulting the modesty of others?
Is it still illegal?
Per Section 294 of the Penal Code, any obscene act done in public is deemed as an offence punishable with imprisonment for a term which may extend to 3 months or with fine or with both.
What are obscene acts?
Actually, the term “obscene act” carries a wide definition.
In a previous Federal Court case, a couple had been charged for kissing underneath a tree in a public park.
The judge highlighted that each country has its own unique culture. Perhaps kissing and hugging in public is accepted in England, but these acts are still deemed immoral in the Malaysian context.
Hence, “obscene acts” can be understood as any behaviours which may cause discomfort to those witnessing said act.
Whether an act is “obscene” depends on its surrounding circumstances, a kiss, an explicit photo, displaying sex toys can all be interpreted as “obscene”.
Moreover, this specific provision does not require the element of intent. As long as the act is carried out, an offence has been committed.
Therefore, any public displays of affection, even something as simple as a kiss, could very well be against the law!
So if you see any of your friends publicly displaying affection, send this article to them and remind them to take note, or else they might get caught by the police. 🤪
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📝 Disclamer of Liability:
This article is published solely to provide legal knowledge and entertainment, it does not constitute formal legal advice.
Should you face any similar situations, kindly consult a professional lawyer.
