Home Ministry bans book with cover art resembling national coat of arms

The Home Ministry today gazetted a ban against the book "Rebirth: Reformasi, Resistance and Hope in New Malaysia" following a controversy over its cover art that resembled the national coat of arms.

Home Minister Hamzah Zainuddin issued the ruling today under the Printing Presses and Publications (Control of Undesirable Publications) Order 2020.

The order prohibits the printing, importation, production, reproduction, publishing, sale, issue, circulation, distribution or possession of the book.

It said the book is "absolutely prohibited throughout Malaysia" as it is likely to be prejudicial to public order, security, national interest, alarm public opinion and contrary to any law.

The book contains a collection of writings about the 2018 general election and subsequent events compiled by editor Kean Wong and published by the Strategic Information and Research Development Centre.

Use of the national coat of arms is covered by the Emblems and Names Act 1963 (Act 414), with improper use prohibited under Section 3(1) of the Act, which states: "Notwithstanding anything contained in any law for the time being in force, no person shall, except with the written permission of the minister -

(a) use any specified name or specified emblem, or any colourable imitation thereof, for the purpose of any trade, business, calling or profession;

(b) use for the purposes of, or display as an advertisement for, any business, trade, calling or profession, or sell, any photograph, drawing or other pictorial representation of the Yang di-Pertuan Agong or the Raja Permaisuri Agong;

(c) use or continue to use any specified name or specified emblem, or any colourable imitation thereof, in the title of any patent, or in any trademark or design; or

(d) make for the purposes of sale or sell or have in his possession for sale, any specified emblem."

However, lawyers are divided over how the law deals with artistic works relating to the national coat of arms.

Does the law prohibit art based on the national coat of arms?

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