In an unprecedented move that is sparking international debate, the Malaysian government has sought Interpol’s assistance in locating a New York-based comedian, Jocelyn Chia, who made a joke related to the missing Malaysia Airlines flight MH370, prompting outrage in both Malaysia and Singapore12.
Background: The controversy erupted after a short clip of Ms. Chia’s stand-up performance at Manhattan’s Comedy Cellar, where she joked about the safety of Malaysian planes, was posted online. The routine, which she has used multiple times in the past, centred on the uneasy past and competitive relationship between Singapore and Malaysia. Chia, a US national who grew up in Singapore, led with a suggestion that since the two had separated in 1965, Singapore had risen to become a first-world country while Malaysia had allegedly remained a “developing” one2.
The Joke: Chia then proceeded to make a jest about Malaysian airplanes being unable to fly, which many have interpreted as a reference to the tragic disappearance of Malaysia Airlines flight MH370 in March 201421. The video clip of this joke went viral, causing a wave of controversy in both Malaysia and Singapore2.
Reactions: The joke has been met with backlash and protest in Malaysia. The youth wing of the United Malays National Organization, one of the biggest political parties in Malaysia, marched to the US embassy in Kuala Lumpur to protest what they see as an insult2. Singapore has distanced itself from Chia and apologized to Malaysia, with Singapore’s High Commissioner to Malaysia, Vanu Gopala Menon, stating that Chia’s joke contained “gratuitously offensive comments” and did not reflect the views of Singapore2.
Chia’s Response: Chia, however, has stood by her joke, stating that it was taken out of context when viewed outside of a comedy club setting. She added that Singaporeans have long had a friendly rivalry with Malaysia, which was the basis of the joke, and that it was also a common culture for comedians to “roast” their live audience. She further stated that Malaysian audience members often come up to her after her shows to express their enjoyment of her performance2.
The Involvement of Interpol: The Malaysian national police chief, Acryl Sani Abdullah Sani, said an application would be filed with Interpol to get Ms. Chia’s “full identity” and “latest location”1. Interpol can issue a “Red Notice”, asking law enforcement in member countries to locate and provisionally arrest those who are facing either criminal prosecution or a jail term before they are extradited1. However, as of now, Interpol has not responded to questions on whether it would act on the request for assistance from Malaysian police, and the scope of the Malaysian authorities’ investigation into the incident remains unclear1.
This incident raises questions about the extent of governmental control and the balance between freedom of speech and sensitivity towards national and international tragedies, and it will continue to be a subject of global interest and debate.
Addendum: Comedian’s Citizenship and Interpol’s Role
Jocelyn Chia, the comedian under scrutiny for a joke regarding the missing Malaysia Airlines flight MH370, is a U.S. national who spent her early years in Singapore1. With the recent news of Malaysia requesting Interpol’s assistance to track down Chia, questions have arisen regarding the extent of Interpol’s jurisdiction and the possibility of extradition.
Interpol, the International Criminal Police Organization, serves to facilitate international police cooperation. However, contrary to common belief, Interpol does not have the authority to arrest individuals or issue arrest warrants. What it can do at the behest of a member country is issue a “Red Notice.” This is essentially a request to law enforcement agencies worldwide to locate and provisionally arrest a person subject to extradition or similar legal action. It should be noted a Red Notice is not an international arrest warrant1.
Enforcement of any actions related to a Red Notice rests with the law enforcement agencies of Interpol’s member countries. In the United States, for instance, the U.S. Department of Justice and other law enforcement agencies would be responsible for any actions taken on American soil in response to a Red Notice.
As for the question of extradition, this is a complex legal procedure involving treaties between countries and a series of legal hearings. The United States and Malaysia do have an extradition treaty, but that does not guarantee automatic extradition. Each case is considered individually, often involving both the judicial and executive branches of the government. Extradition may be denied for several reasons, such as if the offence is deemed political or if the person is likely to face torture or inhumane treatment in the requesting country.
In the specific case of Ms. Chia, it should be emphasized that Malaysian authorities have not yet indicated an intention to prosecute or charge her, and the full scope of their investigation remains unclear1. Should charges be filed, the U.S. Department of Justice would then need to consider whether to honour an extradition request from Malaysia, a process that would involve complex legal procedures and potential court hearings.
Addendum: Theoretical Implications of Malaysia’s Request for Extradition
In the hypothetical scenario where the Malaysian government decides to prosecute Jocelyn Chia, the U.S.-based comedian at the center of this controversy, there are several factors to consider regarding the possibility of her extradition from the United States to Malaysia.
Firstly, as a U.S. national, Chia is afforded protections under the U.S. Constitution, including the First Amendment, which safeguards freedom of speech. While the precise boundaries of these protections can be complex and are often tested in court, the First Amendment generally safeguards U.S. citizens from prosecution for their spoken or written words, particularly in the context of comedy or satire.
Given these protections, some constitutional experts argue that it would be virtually impossible for the Malaysian government to secure her extradition. The U.S. government, known for its robust defences of free speech rights, would unlikely agree to an extradition request in a case that appears to hinge on these rights.
Moreover, even if Malaysia were to request extradition, the U.S. Department of Justice would need to consider whether the alleged offence qualifies as an extraditable crime under the terms of the U.S.-Malaysia extradition treaty. The treaty does not cover all offences and typically excludes political offences, a category that could arguably include speech-related crimes.
Furthermore, extradition requests are subject to judicial review in the U.S., and courts may refuse extradition if they believe it would violate the person’s constitutional rights.
Given these factors, it seems highly unlikely that an extradition request from Malaysia for Chia would be approved by the U.S. government or its courts. This has led some observers to suggest that Malaysia’s actions are more about symbolic protest than a serious attempt to secure extradition. However, as with any legal matter, the outcome would ultimately depend on the specific facts of the case and the decisions of law enforcement, prosecutors, and courts.
