The number of infections in Malaysia at the time of writing this article is 4140 cases and a total number of 44 deaths. This had been a sharp spike of numbers when compared to the early days of breakout of the Covid-19 virus where Malaysia was only looking at double digits infections and we could go without a single fatality for some days. However, those were the long-gone happy days, and it seems that Malaysia may be losing the fight against Covid.

                                                                     

Many Malaysians, as expected of us, placed the blame on the government and that, is a fact. This Covid situation could have been avoided if only the government were to exert the level of energy and enthusiasm they have for their political conflicts, into battling covid-19.

However, the question I would like to pose to fellow Malaysians is: “Do you think Malaysians themselves are entirely innocent in this matter?”

I remembered having a conversation with a friend over the phone back in November. Back then, the numbers of Covid infection were reasonably quite concerning and were showing signs of a major outbreak; despite being below 1000 infections, Malaysia was constantly breaking new daily records in their Covid numbers. We end up discussing about our views on the pandemic and much to my alarm, there was a lack of regard for the severity of pandemic situation. Despite the surging Covid cases, she was still able to summon up some positivity in the situation and was even in denial that the actual infections had reached such dizzying heights. I felt her subtle opposition on the government imposing a stricter lockdown in the country, citing economic repercussions. She was still entirely confident that the pandemic was still under control and that same friend of mine went for an interstate travel when numbers are already reaching 4 digits.

It left me appalled. Do some Malaysians just expect the virus to vanish out of thin air just because Malaysia had been extremely successful in their first attempt to curb the virus back in March 2020? Do they secretly foster a belief that Malaysia is a country blessed with celestial affinity and protection against the virus despite other countries, even the successful ones such as China and Korea are constantly seeing a resurgence in Covid numbers?

When there had been a slight reduce in numbers and the arrival of vaccines to Malaysia in February 2021, many started to let down our guards and decided to fully trust that the vaccine will be a solution to all our Covid problems. Many people were deciding to continue with their social events. Birthday parties and celebrations were being held and social gatherings were done in full scale. My Instagram stories and Instagram feeds started filing up with posts of friends heading for night outs.

However, nobody can be as irresponsible as those who take lightly the severity of their status as a potential close contact. These ladies and gentlemen thought that it will be perfectly fine to ignore common logical sense and to carry on with appointments and meetings, potentially bringing along the virus for a tour throughout the whole community. Until now, some people still fail to differentiate the severity of the Covid virus from your usual flu. In scenarios like this, we can perfectly conclude that, ignorance kills.

The introduction of vaccines had been a beacon of hope however its light is slowly waning. Promises of an end of the tunnel had been made too fast, too early, without a realistic plan. Only a tiny percentage of the population has been inoculated, yet people are getting back on with their lives as if vaccines are ready at our doorsteps.

The pandemic has understandably affected us in many ways and had greatly impact our lives in all the terrible ways. Families and friends were being kept apart for months, couples were being separated and for some people, the pandemic had taken a toll on their livelihood. Many people are still silently enduring the hardships brought on by this pandemic.

This should not be a time where we put our selfish wants and needs for leisure above the dire situation which calls for a more responsible attitude and some sense of maturity. Our need for fun have to be balanced against the woes suffered by front-liners working tirelessly to ensure that people can still enjoy basic services such as healthcare and food supplies.

With the importation of many new variants of the virus, the need for us to stay vigilant had just reached an entirely new level of urgency. It is important to not undermine our new bio enemy for the risks and consequences of doing so is very real and merciless.

WHO had officially confirmed the airborne transmission of SARS-CoV-2 virus. Evidently, the transmission and fatality rate of the Covid-19 virus had greatly increased. Every day, Malaysians are bombarded by another new record of daily number of deaths. These numbers are not just statistical numbers-these are flesh and blood individuals with their dreams and aspirations eradicated by the virus, people who had loved ones to care for and people who had loved ones waiting for their return home. Many families were being robbed off a future with their loved ones to enjoy a future in a pandemic-free world. For some families, the next family portrait can never be complete.

My hope to all fellow Malaysians, do not take this pandemic lightly. Your birthday celebrations can wait, your annual class gatherings can be postponed, our main priority now is to stay alive until we finally see the light at the end of the tunnel. In the pandemic age, everyone can be a hero just by staying at home and continue to cheer and show support for our superheroes, our front-liners, from the comforts of our homes.

All study and no extracurricular activities makes Jack a dull boy. Stating the obvious, if Jack were to take up extracurricular activities, Jack will be a much more interesting individual because Jack met many like-minded new friends whom Jack can create many wonderful memories with. Not to mention, the extra credits Jack’s curricular vitae will get. However, Jack still needs to be convinced that it will be worthwhile to spend his weekends attending committee meetings, working on last-minute amendments or planning ice-breaking activities.

It is simply just about learning.

One of the best things about participating in extracurricular activities is having seniors to provide you guidance. This is the best time to learn as you are expected and given leeway to stumble and make mistakes. These are times when it is more acceptable for you to make stupid mistakes such as writing the wrong address for legal documents or failing to read the entire case judgement and then being caught doing so. Fortunately, base on my experience, you would usually learn from your mistakes as the consequences of doing so will usually be etched deeply in a corner of your mind.

Another thing I liked about joining extracurricular activities is it gave me the opportunity to meet exceptional individuals who inspired me to work towards improving myself to be an even better version of myself and foster the belief that I still have much hidden potentials in me, ready to be unlocked. In the words of Chamath Palihapitiya during an interview with the Stanford Graduate School of Business: “Honestly, just be a good copier……Be around high-functioning, high quality people and just copy the (things) that they do.” What he meant. however, was not to blindly copy everything a person does without some aforethought of your own, but to make your own observations and opinions on quality traits that are worth copying and those that you should avoid.

Book smart is important, but so is street smarts.

Part of the experience I get from extracurricular activities is learning how to interact with others, especially in the sense of being a role player within a team. First of all, I realised how important it is to be able to grasp the art of communication. It is important to be mindful of other people’s opinions within my level of tolerance and If I am confident that my opinions would work better for the team I will have to step out of my comfort zone and be expressive of my opinions - the correct way, by phrasing my words in a way which ensures effective communication but making sure that I conveyed my respect for the opinions of others as well. For example, instead of saying: “I do not like your idea;” it will probably resonate better and cushion the blow if I phrase my disagreement as such: “I would like to raise some of my concerns.”

Furthermore, as the saying goes: “if you want to go fast, walk alone. If you want to go far, go together.” I cannot agree with this more. My experiences as a role player in various event teams and societal organisations made me realise the importance of teamwork and how the cohesion of a team should come first over my own personal goals. I have been part of successful teams, as well as teams that fell apart due to internal misunderstandings and conflicts which allowed me to come to the conclusion that what determines the success of the team is good leadership, prioritising on honest and effective communication within the team and that includes understanding your teammates. Part of the beauty of extracurricular activities is meeting individuals from different walks of life with different personalities, some whom have very different opinions from mine which I had learnt to always respect by putting myself in their shoes so that I will be able to think from their perspective. 

Be Confident!

If you are naturally a reserved and quiet person like me and find it uncomfortable when placed in a social setting, then joining extracurricular activities might help you to build your confidence level. It is a great chance for you to build the courage to walk out of your cocoon and evolve into a social butterfly that you are born to be.

Speaking in front of a public used to be a nerve wrecking experience for me thus I would instinctively retract from the spotlight. Nonetheless, I realised that the more I put myself out there and the more I push myself towards meeting new people or volunteering for leadership or organising roles, then the more confident I will become till it comes to a point where I find it natural and accustomed to meeting people and making conversations. The more you do it, the better you get at it. Nowadays, I thrive in social events and had found enjoyment in meeting new people and getting to know them better by listening to their experience and at the same time, sharing my own experiences with them as well. 

Always be curious of the level of your capacity and the heights you can reach and never deny your capabilities before you had even started. I see many of my peers falling and getting stuck in the trap of self-doubt as they feared they would fail or make an embarrassment of themselves. I used to be like that as well but in the end, nothing else matters more than the experiences, knowledge and skills you will get from taking on the challenge, regardless of whether or not failure awaits you.

Too much of a good thing can be a bad thing.

How much of extracurricular activities is considered too much? Stating the obvious, the first red flag is when you realise that your extracurricular commitments are beginning to take a toll on your studies. If your extracurricular commitments are making it difficult for you to cope with your studies or if you are missing out time on catching up, it is possibly a signal for you to hold back and reprioritise your commitments. Do not hesitate to give up your extracurricular commitments for your studies as it has to be stressed again, studies should be your top priority as qualification grades really do matter when it comes to getting better job opportunities.

Take up an activity of your interest.

The good news is that nowadays there are a variety of selections of extracurricular activities for a college/university student to choose from. Thinking about improving your leadership skills or wanting to learn more on organisational management? You could be a part of a student government; or why not take part in volunteer work and community service where you can dedicate your time helping the less fortunate by bringing some joy to their lives. Taking up internships or starting a part-time job is also a great way to enrich your days as a university student. It is a great idea to pick up a sport as well and to join an athletic team. Playing sports is not only a great fun and gives you a healthy flush, but it also fosters important life values such as teamwork, integrity and discipline in a person. All in all, there is a variety of choices to choose from and no doubt, you will be able to find something that suits you the best. 

“What makes you want to do law?” A managing partner at a prominent firm once asked me this question on the first day of my first internship. This was the first time that this question had caught me off guard. I had to pause and take a moment to contemplate on my answer. In a casual setting, I would probably just brush it off with a cliché joke: “I can’t do maths,” but is the answer really just because maths was so traumatic that I vowed to shun away from it for my entire life? I do not think so and in fact, I was not too bad at maths. So, what made me wanted to choose a career in law?

The truth is, I still do not have a clear answer to that. After three years of law degree and three legal internships, I am still asking myself the same question, “What made me want to do law?” If I were to be really honest, the more I delve in the legal line, the more a part of me wanted to stray away from continuing down this path and sadly most of my peers had the same thoughts as well. 

Fast forward a few years to my next internship and this time, it was my turn asking the question to my seniors: “what made them wanted to do law?” Their answers all share the same word: Passion. It was a simple answer, yet it speaks a thousand words. It reminded me that work is not all about money, you will have to love your work for you to be good in it and be motivated to be the best in it. I would dare say, in my batch of classmates, more than half of us in the class think of law as only something which they could earn a living off in the future.

It seems all this while, we have been thinking it wrong.

Now, back to the question, “what made me wanted to do law?” After some time, I think I have come up with a rough outline of an answer.

Firstly, to me, law is not just a subject that teaches you textbook skills. It is more than a degree which tests your ability to memorize black and white, man-made rules. To me, it is a subject that taught me how to form and organize my thoughts, how to think efficiently and methodically. More importantly, it made me realize that problems are not to be feared but to be embraced.  However, I have never really understood the societal impacts of the jobs of lawyers until I decided to take up the law clinic module during my final year. A background of my roles and duties at the time: I was tasked with handling cases on immigration law, specifically on providing legal aid for asylum seekers who had either find themselves stranded in the UK without a country to return to, otherwise known as statelessness, or providing legal aid to those who find themselves unable to return to their war-stricken home country. Hearing their stories and seeing the distress and anxiousness on their faces, it is evident that to some, the law clinic is their only hope for them to resume a somewhat normalcy in life- which is taken for granted by most people, including myself. Having knowledge on the law is a kind of power and a kind of responsibility. A power in the sense of being better equipped at protecting myself and my loved ones from exploitations by the capitalist market. A responsibility in the sense of contributing to the growth and development of the law for it to provide better protection to those in need and stricter enforcement to those who abused it. 

Of course, as I gain more experiences in the future, my reasons will grow and evolve according to the stages in my career. However, at this stage of my legal journey, these are the reasons why I choose to pursue a legal career. These are just my personal opinions and reasons, there is no right or wrong in it and everyone has the right to come up with their own conclusions. Once again, it had to be emphasized  that discovering your passion in not something that happens in a day, it takes time for it to slowly grows on you. These days, I find myself increasingly drawn to news on legal updates and development, something that I would have just browse through when I first started my LLBs. It seems I have found a glimmer of passion for it after all. 

Choosing the subject without having an interest in it is normal as I believe passion for it can be cultivated along the way. Little by little, taking baby steps, one at a time, there will be something in the whole learning process which would spark your interest and from then on, you build up that spark into a passion for it. Nonetheless, if you are still looking at the subject as a future money tree, or merely an exam paper that you are obliged to score well by the final year of your degree, it is best that you start reconsidering your future career choices for the sake of your mental and physical health.

Her video received many encouragements and support by most fellow internet users. However, amidst the words of encouragement, there is a number of commentators who took the side of her uncalled mini film crew. One particular comment raised the argument that the taking of photos of others in public raises no illegality issues in Malaysian law and as a law student, this stirred my interest and I was stoked to find out the answer to it. 

The issue revolves around the right to privacy of a person. Infringement of privacy was first taken seriously as an offence in Maslinda Ishak v. Mohd Tahir Osman & Ors [2009]. The courts held the defendant guilty of taking unconsented photos of the claimant urinating and the defendant was subsequently charged under the Penal Code Section 509: Word of Gesture Intended to Insult the Modesty of a Person.[1]. However, the infringement of privacy of the claimant was never a paramount issue here and despite the case being submitted for appeal, charges under the Penal Code Section 509 were never contended.

It was not until the subsequent case of Lee Ewe Poh v. Dr. Lim Teik Man & Anor [2010] where invasion of privacy was officially endorsed as an actionable tort[2], thus effectively departing from the old English law. Right to privacy was meticulously dwelled on in this case. The claimant sued her doctor for taking photos of her private parts during surgery which was brought on the basis of a violation of her privacy rights as she was not asked beforehand and thus never consented to the photo shots. Furthermore, in the following case, Toh See Wei v. Teddric Jon Mohr & Alfred Charles Poey, the judge conceded and elaborate on the decision in Maslinda; due to the defendant’s act, the claimant had suffered humiliation and mental trauma arising from such invasion of her privacy[3].

The victorious outcomes for the claimants present itself as a huge step forwards towards the protection of privacy rights of individuals, most notably, women, in Malaysia’s legal arena. Previously, violation of privacy rights was never recognised as an actionable tort, as per the case of Ultra Dimension Sdn Bhd v. Kook Wei Kuan [2004], and Lew Cher Phow @ Lew Cha Paw & Ors lwn. Pua Yong Yong & Satu Lagi [2009]. In both cases, courts took the position that individuals would have zero rights to start an action against the violation of privacy rights.

It was a huge leap of faith by the Malaysian law from the old English law which is extensively followed by the judiciary system in Malaysia. Malaysian judiciary is taking a stance to serve protection on a person’s right to maintain their modesty and decency in public, especially when it concerns a lady’s modesty and dignity as evident from Lee Ewe Poh[4]. Malaysian courts are starting to endorse the need to be sensitive to issues pertaining a women’s modestly, decency and dignity as her fundamental right in sustaining the high moral standards as socially required of women[5]. It seems like the Malaysian courts had set sail on a voyage through uncharted waters, what is known as invasion of privacy as an actionable tort.

Nonetheless, it was not expected for the reformation of privacy rights to be a bed of roses for anyone who wishes to bring a claim on infringement of their privacy rights in court.  Prospects of an individual’s protection against their violation of privacy rights may seem to have improved however much of it is still in murky waters.

From the outlook of it, public violation of privacy rights all predominantly come under the Penal Code Section 509: Word of Gesture Intended to Insult the Modesty of a Person, which states that:

“whoever, intending to insult the modesty of any person, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen by such person, or intrudes upon the privacy of such person, shall be punished with imprisonment for a term which may extend to five years, or with fine, or with both.”

Similarly, this was the approach taken in a recent case concerning the suicide of a girl after her ex-boyfriend threatened to leak her private photos onto social media[6].

Notice that the current governing legislation places the focus on the presence of an insult of a person’s modesty rather than an upfront confrontation of the legality of taking photos of another in a public setting without the person’s consent. This implies that despite Malaysian laws having evolved to recognise a person’s right to privacy, one still has many hurdles to cross as it would normally take additional elements such as humiliation, harassment or damage to one’s reputation for it to be an actionable tort[7].

Till date, there is not yet a legislation tailored made for the violation of a person’s right to privacy. The closest Malaysia has to a law on protection of privacy rights is Article 5 of the Federal Constitution,[8] and even that does not provide a private individual the right to bring a legal claim against another private individual as mentioned in Beartice a/p AT Fernandez v. Sistem Penerbangan Malaysia & Ors [2005].[9]

Much is yet to be seen for scenarios which does not involves the filming of women in their most vulnerable states. For example, what if the unwarranted photos are virtually harmless, such as taking covert snapshots of a cute guy sitting opposite you in the MRT? It was suggested that the circumstances in Ultra Dimension Sdn Bhd, can also be distinguished from the circumstances in Maslinda and Lee Ewe Poh. A photo of you with a group of kindergarten children is not as highly offensive as having photos of your private parts taken[10].

Furthermore, the ruling in Lee Ewe Poh cannot be taken as a full-blown endorsement of a total protection of one’s privacy rights. The presiding judge in the case had cautioned that a distinction must be drawn between taking photographs of extremely private parts of a female’s body and the more “normal parts” of her body such as her hands or feet[11].

The judge in Toh See Wei had cautioned the rippling effects of the recognition of privacy rights in Malaysia. If privacy laws were not properly construed, admissibility issues of illegally obtained evidence might be hampered over concerns of privacy rights which may obstruct the execution of justice[12]. Arguably, if excessive or exclusive consideration was placed on privacy rights, there could be a danger of disregarding general interest objectives such as fighting of crime and terrorism[13].

Overprotection of privacy rights would also greatly reduce the right of the media to report on individuals[14]. The press and media were usually given a broad scope of protection in respect of their roles as the “public watchdog” and their democracy-fostering functions.[15]The media had been widely recognised as a medium to help mould an informed public opinion and induce critical debates on issues concerning public interest.[16] As the old adage goes, “knowledge is power,” and privacy rights could possibly be used as an excuse to rob the public off the power they wield over public figures. It is In the public’s interest to be informed and to determine whether impugned conduct oversteps permitted boundaries[17].

Now, back to the tik tok incident which inspire me down the road of research, some of the commentators are actually voicing out their despair and agony for being wrongly called out for filming another member of public due to some unwitting position they are in with their handphones at the time. Naturally, such arguments would stand.

However, it cannot be denied that there is a number of commentators who hid their true misogynistic views behind the strong walls of a valid argument. The law seems to recognise this as evidently most cases that see a successful claimant on their rights to privacy involves ladies who had their modesty infringed. Therefore, if Malaysia were to draft a legislation specialising on privacy rights, it should come at a mid-point where both arguments can be consolidated and a balance between one’s right to privacy and a person’s freedom of expression could be struck. As mentioned by Lord Hoffmann in the English landmark case of Campbell v Mirror Group Newspapers,[18] who referenced Gleeson CJ words,

”part of the price we pay for living in an organised society is that we are exposed to observation in a variety of ways by other people.”[19]

In conclusion, the law as of now would not prosecute anyone who decides to take some secret snapshots of you while you are in public. Basically, once you are out in the eyes of the public, you could potentially be a candid model for any members of public so long as no modesty or dignity of a person is harmed. Your consent is given once you step out of the comforts of your home.