Communications and Multimedia Act 1998 (CMA)

HAKAM Condemns Arrest & 3-Day Remand of Patrick Teoh; Calls for His Immediate Release – Statement dd 2/11/2020

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HAKAM condemns the unwarranted arrest and 3-day remand of local radio personality and actor Patrick Teoh by the Johor police for alleged insults against Crown Prince Tunku Ismail.  pdf

HAKAM is of the view that there is no basis to invoke the remand procedure primarily because Patrick Teoh had at all times cooperated with the police. HAKAM wishes to remind authorities to respect the right of personal liberty of the individual who has not yet been proven guilty guaranteed under the Federal Constitution.

This is particularly so when Patrick Teoh is 73 years of age and confining him for 3 days may pose a risk to his health amidst the Covid-19 pandemic.  Read more →

Rights lawyer urges IGP to halt investigation against Kadir

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Source: The Malay Mail

Kadir previously disclosed that the government spent RM257 million for the Yang di-Pertuan Agong’s expenditure over 16 months. — Bernama pic

PETALING JAYA, June 7 — Police should not investigate Datuk A. Kadir Jasin for sedition and other “oppressive” laws that the government has said will be repealed, said lawyer Latheefa Koya.

Responding to Inspector-General of Police Tan Sri Mohamad Fuzi Harun’s disclosure that investigations against Kadir were initiated under the Sedition Act, the Communications and Multimedia Act, and the Penal Code, she said the police must act consistently with the government’s reform agenda.

“The IGP must realise that Malaysia is no longer governed by the oppressive BN regime which had previously persecuted the people for merely exercising their right to free speech.

“Whoever is affected by Kadir’s article should respond in a civilised manner and not resort to lodging police reports. It is also possible for these parties to file civil defamation suits but there is certainly nothing criminal in what he had written,” she said.

Kadir previously disclosed that the government spent RM257 million for the Yang di-Pertuan Agong’s expenditure over 16 months.

He wrote another entry today defending his earlier post, telling critics he only meant to show how royals need no assurances beyond what the Federal Constitution provides.

A new law to tackle fake news? – Syahredzan Johan

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Source: The Star Online

By Syahredzan Johan

SO the Government intends to introduce a new legislation to tackle what is termed as “fake news”. A special task force has been set up to look into this new legislation to curb this and the Government hopes to table the Bill at the current Parliament sitting.

In the age of social media and high-speed Internet, information is shared instantly. Sharing and receiving information has become second nature, the result of which is we do not verify information we receive before we pass it on. As a result, information that is false or inaccurate becomes viral and is assumed as the truth. Read more →

Man fined RM20,000 for insulting PM, A-G on social media

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Source: The Malaysian Insight

A BUSINESSMAN was fined a total of RM20,000 by the Kuala Lumpur Sessions Court today after pleading guilty to four counts of uploading offensive communication contents on Prime Minister Najib Razak and Attorney-General Mohamed Apandi Ali on his Facebook page two years ago.

Azhar Mamat, 45, made the plea after the charges were read out to him before judge Zaman Mohd Noor.

He was fined RM5,000, in default of a month’s jail, on each count. Azhar paid the fine.

Read more →

PSM wants Suaram to start campaign over arrests for royal slurs

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Source: Malay Mail Online

Picture by Choo Choy May

PSM central committee member S. Arutchelvan accused authorities of inciting fear with the Communications and Multimedia Act by allegedly arrest people for ‘joking online’. — Picture by Choo Choy May

KUALA LUMPUR, Dec 7—Concerned with growing arrests over alleged insults against the Johor royal house, PSM has asked rights advocacy group Suaram to start a campaign to publicise the matter.

PSM central committee member S. Arutchelvan accused authorities of inciting fear with the Communications and Multimedia Act (CMA) by allegedly arrest people for “joking online”.

“People joke and the next thing you know they are arrested and have been dragged to Johor. I think Suaram needs to organise a concerted campaign about what to do with Johor. The people in Johor find it difficult to even hold a candlelight vigil at night,” he said. Read more →

Suaram says fewer sedition cases recorded in 2017

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Source: Free Malaysia Today

KUALA LUMPUR: The use of the Sedition Act 1948 to curb freedom of expression took a backseat this year, with related offences largely falling under the Communications and Multimedia Act 1998 (CMA), a Suaram report found.

The 55-page Suaram human rights report overview, which was launched today, said there were nine known documented cases under the Sedition Act, while the CMA had 146.

“While the overall reduction in arrest, detention and prosecution under the Sedition Act is a welcome improvement, the documented cases in 2017 suggests that the Act still stands as one of the more noteworthy laws in restricting freedom of expression, despite the existence of other more well-used legal provisions,” the report said. Read more →

Federal Court sends Fahmi Reza case to Sessions Court

Nur Farzana Md Yusof

Source: The Star Online

PUTRAJAYA: The Federal Court has sent the case involving activist Fahmi Reza to the Sessions Court, after ruling that there was a procedural error in the constitutional challenge against the charges.

In delivering the decision of the panel, Court of Appeal president Justice Zulkefli Ahmad Makinudin said the case was not properly brought to the apex court, due to non-compliance with the Courts of Judicature Act.

The panel, which also included Justices Azahar Mohamed, Zaharah Ibrahim, Balia Yusof Wahi and Dr Prasad Sandosham Abraham also set aside the Kuala Lumpur High Court’s order to have the matter brought to the Federal Court.

The prosecution had obtained the order on Feb 23 when they submitted a motion that only the Federal Court was empowered to address questions of constitutionality. Read more →

UM!Chats – Is the CMA 1998 adequate to address cyber harassment?

The internet has become an essential part of our lives and with that, comes the ever growing problem of cyber harassment. In this first of a five-part UndiMsia!Chats series, People Against Cyber Threats/Harassment (PeopleACT) would like to consult the public on five specific issues on how the current laws in Malaysia deal with cyber harassment.

Joining us on the panel are Subang MP YB Sivarasa Rasiah, Dr. Izura Masdina Zakri, senior lecturer, faculty of law from University of Malaya and Prof. Zaharom Nain, professor of media and communications studies from University of Nottingham. The panel will be moderated by Long Seh Lih of PeopleACT.

Our panel will talk about how cyber harassment affects Malaysians andanalyse the adequacy of the Communications and Multimedia Act (CMA) 1998 in tackling cyber harassment while comparing it with laws from other countries. The talk will then open up to the audience for discussion.

We invite the public to attend this chat to help PeopleACT obtain as much feedback as possible on how best to tackle the issue of cyber harassment through legislative reform without compromising on freedom of expression.

You are also strongly encouraged to attend the remaining four chats on the following issues:

Series #2 (22 Jul, 11am – 1.00pm) – Is the current law sufficient to address online sexual harassment?

Series #3 (5 Aug, 11am – 12.30pm) – Is the current law prohibiting obscene publications sufficient to tackle cyber harassment?

Series #4 (12 Aug, 11am – 12.30pm) – Is the current Penal Code sufficient in addressing threats of death and rape and other abusive communications made online?

Series #5 (19 Aug, 11am – 12.30pm) – Is the current law sufficient to deal with the offence of online breach of privacy?

PeopleACT is an UndiMsia! intiative. It is run by a group of human rights defenders from different non-profit organisations in Malaysia. Its mission is to make the cyber environment a safer, more respectful and empowering space for Malaysians through strategic legislative advocacy and public awareness campaign.

For more information, please visit mcchr.org/sla.

Tutup kes hasutan buktikan saya di pihak benar, kata Jufazli

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Sumber: FMT News

Aktivis muda Jufazli Shi Ahmad berkata beliau dimaklumkan ketua pendakwaraya negeri menutup kesnya hari ini. Gambar dipetik dari FMT News.

PETALING JAYA: Aktivis Jufazli Shi Ahmad berkata keputusan ketua pendakwa raya negeri menutup kes berkaitan dakwaannya terhadap salahlaku dan rasuah dalam kerajaan Sabah menunjukkan beliau di pihak yang benar.

Menurut Jufazli, penutupan kes itu dimaklumkan kepadanya selepas menghubungi polis hari ini.

“Mereka memaklumkan ketua pendakwaraya negeri memutuskan secara rasmi kes saya yang dibuka di bawah kesalahan Akta Hasutan pada 9 November 2016 lepas ‘telah ditutup’,” kata Jufazli dalam kenyataan hari ini.

“Pihak pendakwaan membebaskan saya sepenuhnya dan tiada pendakwaan mahkamah daripada pertuduhan menghasut rakyat melawan kerajaan kerana tiada unsur-unsur jenayah menghasut.” Read more →