FMT:
Lawyer sends legal notice
to MCMC over ‘blocked’
FB post on Yeoh
MCMC given two days to confirm if it asked Facebook to block Shamsher Singh Thind’s post in Malaysia and to explain why, if true.
GEORGE TOWN: A Penang-based lawyer has sent a letter of demand to the Malaysian Communications and Multimedia Commission (MCMC) for allegedly getting Facebook to block his post on Asia Mobility Technologies Sdn Bhd (Asia Mobiliti).
Shamsher Singh Thind claimed that his Facebook post on May 26 was blocked for Malaysian viewers following a legal request by MCMC.
He said he was informed of this by Facebook yesterday, and that the platform said this followed a legal request by MCMC on grounds that the post had gone “against local laws”.
In the posting, Shamsher wrote: “Congratulations DAP and Hannah Yeoh. Open tender is the way. Tapi dalam kes suami Hannah, tak ada tender, jadi apa yang di-opennya?”
He also shared a snapshot of a tweet by DAP promising to implement open tenders for government contracts as part of its 2018 election manifesto.
Various parties have highlighted the possibility of preferential treatment and conflict of interest in the Selangor government’s selection of Asia Mobiliti, one of two firms to run a nine-month proof of concept for a transit project in the Klang Valley.
Asia Mobiliti’s CEO is M Ramachandran, the husband of youth and sports minister Hannah Yeoh.
FMT has reached out to MCMC and the communications ministry for comment.
In the letter of demand, Shamsher’s lawyers said MCMC’s move was against freedom of speech and expression guaranteed by the Federal Constitution, and that it could be construed as censorship.
“It must be remembered that Section 3(3) of the Communications and Multimedia Act 1998 clearly states that no provision in this law can be interpreted as condoning internet censorship,” the letter by Gunamalar Law Chambers read.
The section states: “Nothing in this Act shall be construed as permitting the censorship of the internet.”
The law firm asked MCMC to confirm if it had indeed asked for the Facebook post to be blocked to Malaysian audiences, and if so, for what reasons the request was made.
It also asked if there was any instruction or request from the communications ministry to do so.
“If we do not receive the information or confirmation requested within two days of this letter of demand, our client will assume that MCMC had indeed made the legal request without reasonable cause, and our client will be free to take any legal action deemed necessary against MCMC without any further notice,” it said.
The letter of demand was sent to MCMC chairman Salim Fateh Din.
The Malaysian Anti-Corruption Commission said on Friday it was investigating fresh leads after previously stating there was nothing wrong with Asia Mobiliti’s appointment.
Yeoh has since said she would leave it to the graft busters to investigate the appointment of her husband’s company by the state government.
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