Sunday, May 26, 2013

“AKTA HASUTAN 1984 & KANUN KESEKSAAN” FOR DUMMIES

Honestly I don’t know a thing about Multimedia laws and regulation let alone trying to understand what in tarnation are they writing about. It has become a concern when of late I have been writing blogs on politics which many people up there are not comfortable with. 
According to an MCA run news media, the Home Ministry, via the police, will collaborate with the Malaysian Communications and Multimedia Commission (MCMC) and the Malaysian Cyber Security to check social media content which violates the law.

A new broom will most likely neglect the various embezzlements reported by Auditor General whilst he was a Defence Imbecile. The monetary exchange in kick-backs and scandals revolving the controversial “Scorpene/Perimekar Gate” most likely will never see daylight. More will continue with the acquisition of Rafale Eurofighter, stealth tanks and god knows what else.

Zahid said the immediate action was to ensure that information channelled by individuals or cyber groups through Facebook, Twitter or blogs were transparent and correct, as the exemplary UMPORNO operated Utusan Malaysia and Barisan Pengsonglap Harta Nasional’s funded PapaGomo.Com and their associated CyberMorons.

Although they have tunnelled their vision on the 'Red Bean Army' group which touched on matters contained in the Sedition Act concerning racial sensitivity, as well as slanderous content that exceeded legal principles, mooted by Prime El-Munafiqi the autocratic Bangladesh elected Government will look into others whom have been successful exposing their corrupted practices if they can twist and turn contents to be justified as slander and sedition. This admits to various other scare tactics that Zahid has been consented to execute, many dickheads in Italian suits are puzzled why professional groups and technocrats - who are highly educated believed what they read.

Therefore, they (MCMC) will most likely use the Multimedia Act 1998, Akta Hasutan 1948 and Kanun Keseksaan to their full advantage.


Akta Hasutan 1948 (The Sedition Act 1948)
The Sedition Act in Malaysia is a law prohibiting discourse deemed as seditious; inciting or causing people to rebel against the authority of a state or monarch. The act was originally enacted by the colonial authorities of British Malaya in 1948. The act criminalises speech with "seditious tendency", including that which would "bring into hatred or contempt or to excite disaffection against" the government or engender "feelings of ill-will and hostility between different races". The meaning of "seditious tendency" is defined in section 3 of the Sedition Act 1948 and in substance it is similar to the English common law definition of sedition, with modifications to suit local circumstances. The Malaysian definition includes the questioning of certain portions of the Constitution of Malaysia, namely those pertaining to the Malaysian social contract, such as Article 153, which deals with special rights for the bumiputra (Malays and other indigenous peoples, who comprise over half the Malaysian population).

Meaning: Don’t say bad things about the government or their institutions but you can express your opinion about a person. As an example one can say that the Prime Minister of Banglasia is liar, stupid and/or idiot, and he/she cannot be charged as these are not “hasutan” but an opinion which one can effortlessly prove it as a fact.

Kanun Keseksaan (Penal Code)
Penal Code (Act 574) provides punishment for criminal offence committed within Malaysia and even for offences committed beyond Malaysia, in the same manner as if such act has been committed within Malaysia. This is provided for by section 3 of the Panel Code (Code).

It was revised in 1997 and published as Laws of Malaysia (Act 374). The said Code came into force throughout Malaysia as early as 31 March 1976. But even prior to that date the Code was ineffective from 1936. Since then the Code has been amended on 32 occasions, all of which are incorporated in this publication.

Chapter XVI of the Code provides punishment for offences affecting the human body (life). Under this chapter, section 302, provides the maximum punishment for the offence of "murder", in which punishment for murder; whoever commits murder shall he punished with death.

Other instances affecting the human body, just to mention a few, selected randomly are assault, cheating, criminal force, defamation, physical hurt, incest, kidnapping, rape, robbery etc.

The Code, inter alia provides punishment for many other offences, including offences relating to, abetment, criminal breach of trust, insult to the modesty of a person, public nuisance, unlawful assembly etc.

Penal Code (Act 574), clearly defines what are the criminal offences and the punishment for such offences. Further the Code provides that under section 511, even an attempt to commit an offence is equally an offence, punishable with imprisonment.

This however takes a different perspective for social network. By this code, with an exception to those underlined, you can say or do anything you want to a person as long as your words does not cause any of the above consequence.


Communications and Multimedia Act 1998
Because both the above is disputable in a multimedia sector given to a smart lawyer (if any), and the fact that the people have now access to the huge and powerful alternative news, the government cooked up  the Malaysian Communications and Multimedia Commission (MCMC) or Suruhanjaya Komunikasi dan Multimedia Malaysia (SKMM) as the regulator for the converging all soups into a communications and multimedia law. Its key role was the regulation of the communications and multimedia industry based on the powers provided for in the MCMC Act (1998) and the CMA Act 1998 (Communications and Multimedia Act 1998).

The Act unfortunately is made so complex that it mostly protects the user and their privacy. This in fact could be good news as it can disqualify both the latter “Akta” and “Kanun” when you are writing on a blog or Facebook. Besides that, the act mainly charged with “overseeing” the new regulatory framework for the converging industries of telecommunications, broadcasting and on-line activities, against fraud, bugs and hacking.

Anyway, the reliability of these laws is best not tested – just for the inconvenient sake although there has not been any “litmus test” to date, and I sure don’t want to be the first. I encourage Zahid, PDRM, MCMC, CMA, MCA, DCA and the YMCA to test it out on PapaGomo and King Jason.


Reference

3 comments:

  1. Dari Ibrahim Ali, Zul Nordin.. kita akan melihat opera yg sama....'tidak melakukan apa apa kesalahan kerana mereka hanya bercakap saja bukan melakukan apa yg dicakapkan'.... tak caya lihat saja.....

    ReplyDelete
    Replies
    1. Kamu lupa sebut RPK
      _______________________________
      RPK's biggest secrets finally revealed.
      http://rajaputar50.wordpress.com

      Delete
  2. It depends on who they want to get. When they get, the law will be well exploited to indict you.

    ReplyDelete