Globally, the LGBTQI+ community and LGBTQI+ individuals continue to face systemic discrimination and hatred, including physical attacks, online abuse, and legislative setbacks. Many states that promote anti-LGBTQI+ narratives and slogans can exploit frustrations and fears of the majority population, with politicians, religious leaders and influential individuals and figures often igniting them further.
Malaysia is not exempt from anti-LGBTQI+ rhetoric, which is often used as a political tool and has led to discriminatory and xenophobic practices, laws and policies. Although Article 8(2) of the Malaysian Federal Constitution prohibits discrimination based on religion, race, descent, place of birth, or gender, systemic discrimination against minorities continues to persist. This issue is exacerbated by several existing legal provisions in the Penal Code, including Section 298 and Sections 377A and 377B, which pertain to ‘unnatural offences’ that criminalise ‘carnal intercourse against the order of nature’, with penalties that include imprisonment and whipping; as well as Section 377D, which prohibits any act of gross indecency. State Syariah laws (Sharia) criminalise consensual same-sex relations and gender nonconformity. Additionally, regulations such as the Printing Presses and Publications Act (PPPA) 1984 and Section 233 of the Communication and Multimedia Act (CMA) 1998 further criminalise and discriminate against LGBTQI+ individuals. Moreover, there are no explicit protections for LGBTQ+ individuals within these laws.
In recent years, we have observed increasing political repression against LGBTQI+ individuals, a significant rise and a spread of LGBTQI+phobic hatred across the country. Malaysian government officials are fuelling systematic discrimination against LGBTQI+individuals, sowing division within society and allowing ‘hate speech’, hostility and discrimination to flourish, often weaponising existing laws to restrict people’s right to freedom of expression and to access information. This has happened at both the national and state levels, prompting human rights advocates to demand urgent intervention from the state to end the ongoing hatred and discrimination in practice and in the law.
In May, the Terengganu state government, through the Kuala Terengganu City Council, erected an anti-LGBTQI+ signboard aimed at inciting hatred and fear towards LGBTQI+ individuals. What is particularly alarming is that a member of the Terengganu State Executive Council for Local Government, Housing, and Health defended this action. He was quoted in the media, stating, ‘We really want the people to hate this homosexual act. We want them to think it is dirty, wrong, and should be avoided.’ Discriminatory and hateful statements and actions like these endanger LGBTQI+ individuals and foster an environment of hostility among communities.
On 27 May, the Ministry of Home Affairs of Malaysia confirmed it had banned seven books under Section 7(1) of the Printing Presses and Publications Act 1984 (PPPA) for allegedly being a threat to morality and public order. Several of the publications were about LGBTQI+ communities.
On 4 June, police called two members of the youth wing of the Malaysian Socialist Party, Pemuda Sosialis, in for questioning in relation to the ‘PRIDECARE: Queer Stories and Sexual Health Awareness’ workshop to be organised in conjunction with Pride Month in June. Organisers have since postponed the workshop, following a rise in hateful comments and death threats posted on their social media pages, and after public condemnations from Na’im Mokhtar, Minister in the Prime Minister’s Department (Religious Affairs), on 29 May 2025.
The above examples have one thing in common: Those who call for discrimination and the expansion of existing hostility against and fear of the LGBTQI+ community are often individuals in government positions, whether at the state or federal level. Most recently, we have seen this happening in the state of Kelantan.
Systemic discrimination and hostility
The recent incidents targeting the LGBTQI+ community in Kelantan are very concerning.
On 17 June, the Kelantan police conducted a raid on a bungalow where an alleged illegal ‘gay party’ was reportedly taking place. This operation led to the arrest of 20 men. The State Police Chief, Yusoff Mamat, explained that a special team had been formed to monitor the event after receiving a tip-off. Police detained the 20 men to gather their statements as part of the investigation. Additionally, three others were arrested under Section 292 of the Penal Code for possessing obscene materials related to LGBTQI+ content.
A month later, following media coverage of the incident, on 17 July, civil society groups released a statement, challenging the police’s claims. They argued that the event was not a ‘gay party’ but rather a health initiative aimed at providing sexual health and HIV-related information. The event also involved the distribution of condoms and offered voluntary testing to promote safer sexual health practices.
On 18 July, the Malaysian AIDS Council (MAC) issued a statement confirming that the health event was not a ‘gay party’ as alleged, but a night outreach session conducted as part of the Differentiated HIV Services for Key Populations (DHSKP) model. MAC stated that it organised this initiative in collaboration with the Kota Jembal Health Clinic, as part of a strategic approach introduced by the Ministry of Health.
After the criticism and official clarification from MAC, the Kelantan police defended their action and continued to claim that it was a ‘gay party’ and they acted based on evidence. On 22 July, the Ministry of Health further reaffirmed that the event was indeed a health outreach program.
The police, instead of taking responsibility for their unreasonable actions that harmed those who genuinely need healthcare and attention, continue to defend their conduct, which is a clear misuse of power and procedure. Additionally, the police have disseminated a significant amount of misinformation about the event and the raid that occurred on 17 June.
On 17 July, the Deputy Chief Minister of the State of Kelantan, Mohamed Fadzli Hassan, commended the police for their swift response to the health event and stated that Kelantan would not recognise any culture that deviates from Islamic principles. He also said that, ‘Lesbian, gay, bisexual and transgender practices are a blatant transgression against natural law, which corrupts morality and threatens societal harmony… Kelantan will never allow its land to become a haven for the normalisation of behaviour that is clearly prohibited by Allah.’ He also noted that the Kelantan government is fully committed to strengthening its Syariah law (Sharia), and that the state government has set up a Special Committee on Social Issues and Immorality, consisting of key agencies including the police, the Kelantan Islamic Religious Affairs Department (JAHEAIK), the State Health Department, the Kelantan Islamic Foundation, the Welfare Department (JKM), and the National Anti-Drugs Agency.
In other words, the state government is mobilising its institutions to crack down on the LGBTQI+ community and its members.
On 23 July, the Deputy Chief Minister of Kelantan, once again, issued a stern warning that the ‘LGBT community has no place in Kelantan’ during the State Legislative Assembly.
These actions and public statements from the State Ministers and police have intensified the hostility and discrimination faced by LGBTQI+ individuals, many of whom already feel unsafe and at risk of retaliation for expressing their identities.
Politicians promoting discrimination cause further harm
Politicians who advocate for intolerance and discrimination, sometimes directly using ‘hate speech’, can fortify and unite individuals who believe that certain groups warrant discriminatory treatment while diminishing tolerance for others, ultimately jeopardising social cohesion. Prolonged exposure to discrimination and hatred can have harmful effects on individuals, both emotionally and behaviourally. Increased prejudice, intolerance, violence, and the stereotyping of social groups can also deepen polarisation and create division, especially when it relates to perspectives on political issues among different groups in society. This can lead to estrangement and hinder constructive dialogue. Politicians, who have a large platform and influence in society, must be held to a higher standard within their ranks and in the broader society. By speaking out, leaders can help raise awareness of ‘hate speech’, discrimination, and its consequences, which, in turn, can help mobilise a public response.
They must also refrain from engaging in such behaviour themselves. Those in power should uphold fundamental human rights and actively reject any form of incitement or discrimination. They should challenge and oppose views that are intended to provoke prejudice, hostility, or exclusion of minority groups who are harmed by such actions and expressions.
Policy measures to address discrimination, ‘hate speech’ and intolerance in Malaysia.
Discussion on the protection of minorities from discrimination and how to address ‘hate speech’ in Malaysian society has never been timelier.
At the same time, solutions to these problems should not rest on censorship. Too often, censorship of contentious issues or viewpoints fails to address the underlying social roots of the kind of prejudice that undermines the right to equality. Restricting freedom of expression is ineffective in combating religious and racial hatred, and adequate protection and social inclusion of groups at risk of discrimination and violence require broader and positive policy measures.
Creating an enabling environment for the right to freedom of expression and equality is not only an obligation that States have under international human rights law. It is essential for ensuring that opportunities to expose and counter ‘hate speech’ are maximised. The Malaysian government must take steps to achieve this, including passing comprehensive anti-discrimination legislation in line with international human rights standards, so that Malaysians can freely express themselves, exchange ideas, and engage in healthy debates. This, in time, leads to better policies and more stable societies.
International initiatives have provided a growing body of standards and recommendations to guide government efforts to combat intolerance and ‘hate speech’. In particular, Human Rights Council Resolution 16/18 sets out a universally agreed action plan by states for addressing prejudice based on religion or belief. The Rabat Plan of Action provides practical legal and policy guidance to states on implementing Article 20(2) of the International Covenant on Civil and Political Rights( ICCPR). These documents propose a whole society approach and a range of positive policy measures to combat ‘hate speech’ that do not rely on criminal penalties, including facilitating interfaith dialogue, training government officials, promoting media pluralism, and creating ‘equality bodies’ to address conflict and intolerance.
ARTICLE 19 urges the Malaysian government to focus its legislative efforts on ensuring compliance with the standards outlined in Articles 19(3) and 20(2) of the ICCPR, as well as on amending or repealing laws that are inconsistent with the right to freedom of expression. The Malaysian government should also revive efforts to pass comprehensive anti-discrimination legislation in line with international human rights standards. Any form of national unity must respect the rights of minorities, ensuring more inclusive and non-discriminatory policies that not only protect those who are most affected but also promote the well-being of all Malaysians.