Written by: Averroes
(1.0) Introduction
The Squid Game, a nine-episode drama carries a deep-edge meaning under the world of income disparity, household debt and on Charles Darwin's notion of 'survival of the fittest'. It foretells the hapless lives of individuals who are scarred by financial blows. This South Korean series thriller is a huge hit and stood at No. 1 title on the global Netflix chart, in more than 90 countries.
The success behind the drama was perhaps the creators understood the demand and need of society, while also displaying how these childhood games were easy to be understood by the audience. The process of writing the drama traces way back to 2008 and took 12 years to complete. Every night was stress for the film creator, always trying to improve the script and to make the scenes better.
In this drama, there were 456 people playing a multitude of childhood games, ranging from marbles to tug-of-war, and 'red-light green-light' which would eventually cost them their lives. Another game is where they have to cut out a shape from a sheet of honeycomb candy (dalgona) using a needle.
Those who manages to survive could claim a cash prize of 45.6 billion won. There is this juxtaposition too that behind an innocent child game, potential harm or even death would ensue. The drama was criticised for being too grotesque and unrealistic.
Gi-hun, the main character due to the drama's premise of those who are financially handicapped, participated in the Squid Game. He lost his job at a manufacturing company and later opened up a fried chicken shop. Eventually, he accrued a debt of up to 400 million won. In the meantime, he faces a string of other travails to support his mother's ailing condition from diabetes through surgery and to get custody of his daughter from his ex-wife.
(1.1) Correlation to Current Situation
The drama's writer and director himself, Mr. Hwang Dong-hyuk captures the essence of capitalism, and how individuals such as Gi-hun could be ensnared by this system. Large conglomerates such as Samsung, SK and Hyundai are centered in South Korea, the world's 10th largest economy. This is contributed by the nations increasing exports of memory chips, smartphones and consumer electronics.
Life in East Asian countries, particularly South Korea is a very hard-working and competitive society, resulting in immense stress, suicide and exhaustion. The people there strive to get good jobs and better grades, and it is not possible for everyone to reach such position,.
However, behind South Korea's success, there are still many people enduring spiking property prices, the said household debts and the widening gap between members of society, especially the youth. This was all captured by the impending COVID-19 case that emerged. People are constantly seeking loans to buy houses, fearing that not buying it now would make them more expensive in the future.
In the age of cryptocurrency, real estate and stocks, it is a no brainer that audience watching the drama are able to relate to it and thus by far empathise with the characters. Apart from the main character, there are others who share the same situation, such as North Korean defector with a tragic past and a Pakistani labourer given unequal treatment by his superiors.
(2.0) Legal Analysis
For the purpose of answering the question of, is 'Squid Game legal?' we would be applying the Malaysian law for this context and our common law may be similar to Singapore, Brunei, India and Hong Kong.
According to section 300 of the Penal Code where Culpable Homicide becomes Murder, there is proviso which under Exception 5 states that;
"Culpable homicide is not murder when the person whose death is caused, being above the age of eighteen years, suffers death, or takes the risk of death with his own consent."
To fortify this provision, we would adduce a few case laws in those regards;
For instances, in R v Coney [1882] B.Q.B.D. 534, court decided that in instances of a fight to win a prize (if against another law), then they cannot use it as a defence for consent.
Another case which is in Regina v Bradshaw [1978] 14 Cox. C.C. 83 states that when injury is incurred during a game or match, the party harming the other cannot be convicted or be liable. However, the game itself must be legal and not contrary to law.
We would argue that, Squid Game is not legal and the defence of consent cannot be raised by the organisers with the following reasons;
Firstly, since consent could be given through a contract, there are exceptions to that when a contract is signed. We could view this in the case of Merong Mahawangsa Sdn Bhd & Anor v Dato’ Shazryl Eskay bin Abdullah [2015] 5 MLJ 619 which provides that section 24 of the Contracts Act 1950 presents five circumstances where the consideration or object is unlawful, rendering it null and void.
(a) It is forbidden by a law
(b) It is of such a nature that, if permitted, it would defeat any law
(c) It is fraudulent
(d) It involves or implies injury to the person or property of another
(e) The court regards it as immoral, or opposed to public policy
Secondly, consent could not be raised, since gambling is illegal in Malaysia. This can be viewed in accordance to the Common Gaming Houses Act 1953. This includes, operating a common gaming house or informally known as a gambling den.
Also, gambling outside a gambling den for instance, publicly or at certain premises is still illegal as the very act of 'gambling' or gaming is illegal. From here, the Squid Game is a game of chance or out of desperation to win the cash prize, which involves between life or death. Not just a person's life is at stake, but their mental and psychological wellbeing may be impaired, or even aggravate their financial limitations.
(3.0) Conclusion
To conclude, the Squid Game is a depiction of the unfortunate and disenchanting lives of those affected by financial blows, especially during the COVID-19 pandemic. The public enjoy the film as it represents a relatable image to them, particularly those surviving out of their small and medium businesses, accruing large loans, household debt, unemployment, income disparities and from the oppressive system of capitalism. South Korea may be the 10th largest economy, but the stressful and competitive lifestyle does not offer an equal footing or ground for everyone, as there are still people enduring financial costs to their lives.
Also, gambling our lives and risking it for the sake of chance to win a cash prize is illegal and contrary to public policy as well as morals. Squid Game is one example of a form of gambling and a competition which encourages killings, deaths and vengeance. Regardless if the contestants or candidates consent to the competition, it would violate human principles, ethics of mercy and compassion. The author hopes that each country are able to revise their COVID-19 regulations and spend more attention on those living in extreme poverty conditions or in financial deadlocks.
(4.0) References;
Choon, C. (October, 2021) Many South Koreans feel they are 'living' the Squid Game. Retrieved from, https://www.straitstimes.com/asia/east-asia/many-south-koreans-feel-they-are-living-the-squid-game
Gyu-lee, L. (September, 2021) As big as BTS: Squid Game director on why Netflix thriller’s global success is not a surprise – ‘the most Korean is the most universal’. Retrieved from, https://www.scmp.com/lifestyle/k-pop/k-drama/article/3150703/big-bts-squid-game-director-why-netflix-thrillers-global
Yip, W., & Lee, W. (October, 2021) Squid Game: The Netflix show adding murder to playground nostalgia. Retrieved from, https://www.bbc.com/news/world-asia-58729766
Yoon, D., & Martin, T. (October, 2021) Netflix’s ‘Squid Game’ Is the Dystopian Hit No One Wanted—Until Everyone Did. Retrieved from, https://www.wsj.com/articles/netflixs-squid-game-is-the-dystopian-hit-no-one-wanteduntil-everyone-did-11633183200
Lim, C. (2018) Is it illegal for Malaysians to gamble at home?. Retrieved from, https://asklegal.my/p/malaysia-illegal-gambling-betting-genting-chinese-new-year
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