Activist rues being hauled up over post on temple desecrator

Activist rues being hauled up over post on temple desecrator

Published: May 5, 2024

A social activist has found himself under authorities’ investigation over a social media post, where he urged action against an individual who desecrated a temple.

According to Dominic Damian, he was questioned by Malaysian Communications and Multimedia Commission (MCMC) officers, who also confiscated his phone, for sharing a video clip of the incident on X.

It is believed that the video he shared was of an incident at Kampung Koh in Manjung, Perak, over which case police arrested a 35-year-old suspect on April 6.

The 41-second video, which appeared to have been recorded by an unidentified perpetrator during the act, was shared by Damian a day earlier (April 5) with a statement saying, “Buggers like this have been getting away on the premise of mental illnesses. Please help nab this rotting carcass of a disrespectful scum”.

He claimed that three MCMC officers accompanied by two police personnel came to his house on April 24 and requested him to follow them to the Sentul district police headquarters in Kuala Lumpur, where they then questioned him over his allegedly racist tweet.

“This post, as far as I can interpret to my perception or conscience, is in no way racial in nature.

“This post was incidentally forwarded to the police as well for action. The intention is that action should be taken against the perpetrator of the deed.

“However, the MCMC officers asserted and insisted that the post is racist and as such deemed and defined as offensive and they are acting based on complaints,” Damian said in an editorial piece published by Australian blogger Murray Hunter.

According to the activist, the investigators indicated that MCMC was acting based on a complaint but said they could not divulge any information on who lodged it.

One of the MCMC officers allegedly told Damian that he should have taken the matter to the authorities instead of posting it on a social media platform.

Flawed system

In his article, Damian stressed multiple times that the officers who handled his case had been professional and displayed “great civility” and believed they were merely doing their job to the best of their ability.

He blamed the system instead, which he claimed was flawed.

“If the law is embedded with elements of ambiguity where it lacks clarity and gives rise to misinterpretation, misrepresentation, confusion, controversy, contradictions, confrontation and is constrictive, repressive, suppressive and divides - it is most certainly flawed.

“If one who is especially presumed to be innocent has to fight such laws through a time-consuming and expensive judicial process, it is very clear where the disadvantage lies.

“If the law imposes itself in impalement where it neuters one’s independence, castrates one’s impartiality and renders impotent the integrity, whereby it disarms and disables the intuitive goodness of one’s conscience - it is an intrusion and invasion of evil in small steps under the guise of laws,” Damian said.

Meanwhile, in a statement to Malaysiakini, MCMC confirmed that the internet regulatory agency is investigating Damian concerning a flagged post.

MCMC’s corporate communications arm said the agency is legally obligated to investigate all complaints alleging potential violations and the process may involve interviewing or seeking assistance from individuals who can contribute relevant information to the case.

“Based on MCMC’s assessment, the posting contained elements that contravene Section 233 of the Communications and Multimedia Act 1998.

“Consequently, MCMC is duty-bound to investigate the issue. This case is still under investigation, and upon completion, the investigation report will be forwarded to the Attorney-General’s Chambers for further instructions,” it said in response to a query on how Damian’s post could be construed as racism.

The agency also defended its confiscation of the activist’s phone, saying that it was a crucial step in gathering evidence and investigation, and the officers acted reasonably according to procedures.

It is understood that MCMC has already returned Damian’s phone.