LGBT Rights in Malaysia - Criminal Code

Criminal Code

Malaysia retains its colonial era criminal ban on sodomy (as well as oral sex), broadly defined to include both heterosexual and homosexual acts, with possible punishment including fines, prison sentences of up to twenty years, and even corporal punishment. A subsection of the criminal code, also provides additional punishment for men convicted of, "gross indecency with another male person". In addition to the secular law, Muslim citizens may also be charged in special Islamic courts.

There has been some public discussion about reforming the law so as to exempt private, non-commercial, sexual acts between consenting adults. Some members of the major opposition party, have expressed support for such a reform, most notably Latheefa Koya but this is not the official position of the party. No political party or elected member of parliament has formally proposed such a reform.

In 1994, the government banned anyone who is homosexual, bisexual or transsexual from appearing in the state controlled media.

In 1995, the state of Selangor Religious Affairs Minister praised the Islamic Badar vigilante groups who had organized in 1994 to assist in the arrest of 7,000 for engaging in "unIslamic" activities such as homosexuality.

In 2001, the former Prime Minister Mahathir Mohamad stated that the country will deport any visiting foreign cabinet ministers, or diplomats who are gay. Mohamad also warned gay ministers in foreign countries not to bring along their partners while visiting the nation. Mahathir's daughter, Marina Mahathir, has called for an end to discrimination based on sexual orientation.

In 2005, the Royal Malaysian Navy (RMN) chief Mohd Anwar Mohd Nor stated that the Navy would never accept homosexuals.

In 2010, the Film Censorship Board of Malaysia announced it would only allow depiction of homosexual characters as long as the characters "repent" or die.