Brief media analysis – Media coverage of murder trial involving a trans woman
Brief media analysis –
Media coverage of murder trial involving a trans woman
Brief media analysis –
Media coverage of murder trial involving a trans woman
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Brief media analysis – Media coverage of murder trial involving a trans woman
Discrimination and Violence
July 22, 2024
On 4 July 2024, the Federal Court sentenced a man who was convicted of murder of a trans woman in 2009. As Malaysia has committed to abolishing the death penalty, his sentence was reduced to 38 years in jail.
The media has consistently covered the trial. However, the coverage has been consistently poor. https://eprints.kehakiman.gov.my/44401/
Bernama’s reporting of the news in English Malay language (BM) served as the source for many media outlets. In both reports, Bernama repeatedly misgendered the late trans woman, and used stigmatising language to describe her gender identity and her occupation as a sex worker, among others.
| Language | Number of articles |
|---|---|
| BM | 6 |
| English | 4 |
| Total articles | 10 |
A discrepancy was found in the original Bernama reports on the perpetrators’ prison sentence by the Federal Court. The BM version reported 35, while the English reported 38 years.
Eight media outlets republished the Bernama news. Only one media changed the discriminatory language used in the Bernama report, while the rest maintained the article as is. Two outlets, Suara Sarawak and Harian Metro used sensationalist titles.
Particularly concerning is the headline by Harian Metro, which departed from its usual reporting styles related to murder and homicide that typically describe such cases as kes bunuh or pembunuhan. The headline reads as bunuh followed by a derogatory term used against trans women and gay men. The omission of kes and the use of bunuh over pembunuhan in its headline is negligent at best, and violent at worst. It can be easily misconstrued as endorsing violence against trans women.
Justice for Sisters identified the following harmful practices by the media in reporting the news:
- Reporting of violence
- Misgendering of the late trans woman
- Disclosure of name or name as per legal documents or “deadnaming”
- Use of discriminatory language
- Sensational and trauma-triggering headlines
Harmful practices by the media
1. Misgendering
Out of the 8 media outlets that republished the Bernama article, only one media outlet (Selangor Journal) corrected pronouns and used she/her when referring to the late trans woman. Using incorrect pronouns for trans women denies their rights to self-determination, dignity, and identity.
The correct pronouns in this context would have been she/her as she identified as a woman.
Example of correction
He said the deceased, who was a transvestite transgender woman and worked as a prostitute sex worker, was ….
2. Disclosure of name or name as per legal documents or “deadnaming”
All articles disclosed the trans woman’s name according to her legal documents in their reports, violating her privacy and dignity. It is important to treat trans people’s names, gender markers, and other gendered information in their legal documents (identification cards or birth certificates) as sensitive information, as the leakage or non-consensual disclosure of such information can result in discrimination.
Example of correction
Raja, didapati bersalah oleh Mahkamah Tinggi pada 2012 kerana membunuh ███████, seorang wanita transgender berumur, 42, di kolam takungan banjir, di Lorong Air Jernih, Setapak, Kuala Lumpur antara 1 dan 2 pagi pada 24 Ogos 2009.
3. Use of Derogatory terms or Discriminatory Language related to gender identity and sex work
The media outlets used discriminatory language to describe the late trans woman’s gender identity and occupation as a sex worker. The language that we use can reproduce and reinforce stigma, discrimination, and violence against groups that are already marginalised. The use of respectful and affirming language is critical when discussing all persons particularly so when it involves marginalised groups.
Discriminatory language related to gender identity
All media reports, except one, reproduced the derogatory terms used in Bernama’s reports. Bernama used the following terminologies;
- Pondan
- Transvestite (outdated and discriminatory language)
The correct and respectful terms are
- trans woman.
- wanita transgender or trans,
- perempuan transgender or trans,
- transgender woman,
Transwoman is grammatically incorrect. Trans or transgender is used as an adjective to describe a person’s gender identity. The same rule applies to use of other adjectives to describe gender identity like cisgender (i.e ‘cisgender woman’ not ‘cisgenderwoman’)
Discriminatory language related to sex work
The discriminatory terms used related to sex work were:
- Prostitution
- Pelacur
No outlets corrected the language used surrounding sex work.
Sex workers already face a high degree of violence owing to the criminalization and stigma surrounding their work. Terms such as ‘prostitution’ and ‘pelacur’ reinforce stereotypes, immorality, and criminality surrounding sex work. It obscures the fact that sex work is a form of work and that sex workers provide a service. As service providers and workers, they have the right to safe working environments and conditions, including being free from violence by the state and non-state actors.
Respectful terms such as sex workers or pekerja seks are preferred. Read more about here
Sensational and trauma-triggering headlines
Most media outlets adopted a variation of the Bernama headlines. Only one media outlet changed ‘transvestite’ to trans woman its headline. Unlike the English article, the BM Bernama article did not mention the victim’s gender identity in its headline.
The Malay language media, including Harian Metro, typically uses kes bunuh or pembunuhan in its reports and headlines about murder or homicide. However, in this report, Harian Metro’s headline used ‘bunuh’ followed by a derogatory term to describe the victim’s gender identity and people belonging to the same group as the victim, departing from its usual style of reporting.
Against the backdrop of normalised violence against trans women and LGBTQ people, the headline not only risks being misconstrued as endorsing violence against trans women, but it also risks triggering trauma and fear among transgender women and LGBTIQ as a whole because of its violent undertone
Media outlets should avoid violent and trauma-triggering language.
Reporting of violence
The woman was kidnapped and sexually assaulted by the perpetrator and others before she was murdered according to reports. While Bernama used ‘paksa’ or ‘force’ to convey the kidnapping and sexual assault, the choices of words and language to describe the events should reflect the severity of the violence that she experienced.
… was forced to enter the van and have sexual intercourse with Raja… (… dipaksa masuk ke dalam van dan melakukan hubungan seks dengan Raja… )
Given that trans women and sex workers face increased vulnerability to sexual violence with impunity, it is important to highlight the context behind this crime. It is also important to demystify the assumption that sex workers do not or may not face sexual violence because they are sex workers. Sex workers provide consensual sexual services. They are at high risk of sexual violence and other forms of violence because of the criminalization of sex work. JFS documentation of trans women-related murder cases in Malaysia shows that a majority of them are sex workers and the perpetrators are clients of sex workers.
Good practices
These are some tips on reporting crimes and violence against trans, LGBTIQ and gender diverse people, and other marginalised groups.
- Provide context and present the facts as they are
- Draw attention to the violence to spread awareness but do not sensationalise it.
- Avoid victim blaming particularly in cases of sexual violence
- Protect the privacy and dignity of LGBTIQ and gender-diverse people by using their self-determined names and pronouns. If unsure, use gender-neutral language (e.g. the person, the survivor, the victim, the individual) or pronouns (e.g. they/them).
- In cases of homicide or sexual violence, consider whether naming the victim/survivor is necessary at all. Always seek the victim or survivor’s consent when naming them in a news report
- Avoid language that stigmatizes issues such as sex work, substance use, and mental health issues
- Provide contacts of support groups. Crimes against trans women, especially when they are unresolved and inadequately addressed, can create concerns over personal safety and collective trauma among the broader trans women and LGBTIQ population
- Center the victims or survivors, instead of the perpetrators when reporting stories about homicide and sexual assault.
- Consider follow-up or in-depth pieces unpacking trends and issues surrounding crime or violence as well as the impact and human costs of such violence (see below)
Good Practices: Follow Up Pieces
Follow-up pieces following a crime involving trans women are important. These pieces can feature family members and loved ones, activists, and communities.
Further resources can be found here: https://glaad.org/reference/hate-crime
Misgendering & use of derogatory terms in news reports
English
| Outlet | Misgendering | Pronouns | Terms Used |
|---|---|---|---|
| Bernama (source) | Yes | he/him pronouns used for victim | – Transvestite – prostitute |
| Selangor Journal | No | – transwoman – transgender woman – transvestite | |
| The Star | Yes | he/him pronouns used for victim | – Transvestite – prostitute |
| Sinar Daily | Yes | he/him pronouns used for victim | – Transvestite – prostitute |
BM
| Outlet | Misgendering | Terms Used |
|---|---|---|
| Bernama (source) | Yes | – Pondan – Pelacur |
| Awani | Yes | – Pondan – Pelacur |
| Harian Metro | Yes | – Pondan – Pelacur |
| SelangorKini | Yes | – Pondan – Pelacur |
| Suara Sarawak | Yes | – Pondan – Pelacur |
| Malaysian Gazette | Yes | – Pondan – Pelacur |