The dude who wrote the offensive comment "DAULAT TUANKU, JILAT TAIKKU" wanted to challenge the constitutionality of the charge against him........
On Thursday, 26 August 2010, the Shah Alam High Court dismissed a challenge by Nor Hisham Osman on the constitutionality of the charge against him under section 233 of the Communications and Multimedia Act 1988. The impact of this decision is very wide: any “offensive” communication online made with intent to annoy another person can now be criminalised.
The Shah Alam High Court on Thursday, 26th August 2010 dismissed a challenge by land surveyor Nor Hisham Osman on the constitutionality of the charge against him under section 233 of the Communications and Multimedia Act 1988.
Nor Hisham had allegedly posted an offensive comment at the Sultan of Perak’s official website through the Sultan’s Dreambook visitor page.
He was charged with making an “offensive” comment “with intent to annoy” another, pursuant to section 233.
He challenged the constitutionality of the charge, but the learned Judicial Commissioner dismissed the challenge saying the section was constitutional.
Her grounds of decision were read out in open court on Thursday afternoon and can be read in full here: Nor Hisham Alasan Penghakiman.
The impact of this decision is very wide: any “offensive” communication online made with intent to annoy another person can now be criminalised.
A person making such a communication is liable to a RM50,000 fine or 1 year in prison or both, and with an additional RM1,000 fine for each day the comment stays online after conviction.
Well this is an interesting implication to all Cyber Entities.....
Let us look at Section 233
(1) A person who —
(a) by means of any network facilities or network service or applications service knowingly —
(i) makes, creates or solicits; and
(ii) initiates the transmission of, any comment, request, suggestion or other communication which is obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass another person; or
(b) initiates a communication using any applications service, whether continuously, repeatedly or otherwise, during which communication may or may not ensue, with or without disclosing his identity and with intent to annoy, abuse, threaten or harass any person at any number or electronic address, commits an offence.
(2) A person who knowingly —
(a) by means of a network service or applications service provides any obscene communication for commercial purposes to any person; or
(b) permits a network service or applications service under the person 's control to be used for an activity described in paragraph (a), commits an offence.
(3) A person who commits an offence under this section shall, on conviction,be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both and shall also be liable to a further fine of one thousand ringgit for every day during which the offence is continued after conviction.
Will there be any form of "pre-emptive" enforcement of these provisions?
Or do we have to wait for someone to complain that he/she feels "annoyed, abused, threatened or harassed" ?
You don't have to go far just look at the cesspool of Cyberhate at Malaysia Today, Malaysian Insider and off late in FaceBook (do check this page out .. the recently created hategroup with a group description of "Babi Melayu Babi Islam")
the PM has said that there is No Tolerance for Racist Remark...lets see how he plans to follow up on that in Cyberspace.
KUALA LUMPUR: Prime Minister Datuk Seri Najib Tun Razak has warned the people against spreading “half-truths” on racial issues and said the Government has zero tolerance of racist remarks.
“We are aware of some SMSes that have been going around, (in which the content) is not accurate and is intended to raise (racial) sentiments,” he said.
Najib emphasised that action would be taken against those who made remarks that were racist in nature and unlawful, and also against those who vandalised places of worship such as churches or surau.
“Let’s not have people who spin the issue racially, as if we practise selective prosecution,” he said after chairing the Umno supreme council meeting at PWTC here yesterday evening.
Earlier in the day, Najib said the Government had zero tolerance for racist remarks by anyone.
“Our stand is not to tolerate racist remarks by anyone. Unity is very important as part of our nation building,” Najib said during a dialogue session with youths at the Barisan Nasional Youth Lab programme here.
Najib, however, added that alleged racist remarks must first be investigated before action was taken
What ever that was previously spoken in Private is now in Public display...how will this affect the Social Structure of Malaysia.....especially for those who are not anonymous.....
The engagement mode in Facebook is interesting to me as it is more of a Social network with mostly "real identities"...not only that we get to see who actually like what, their associations and their corresponding activities in the "offline" world.......
Do you think that these people really live up to their online personality in their offline world?
for example how would you feel if your workmate FBook page shows some seriously racist and malicious content....lu buat selamba aje?
Think about it folks......remember the with or without disclosing his identity clause in Section 233...
Big Brother is watching.......don't be surprised if someday someone comes knocking on your door