“If police ops by the book, why fear being recorded?”
By S Arutchelvan
THE RECENT statement by Home Minister Datuk Seri Hamzah Zainuddin in Parliament that filming an arrest or raid by the public is an offence that can be charged under Section 186 of the Penal Code seems repressive and gives off the wrong signal.
Hamzah said filming an arrest or raid can lead to action being taken for obstructing a public officer in carrying out their duties and disrupting investigations.
Does this mean that the media and others documenting these arrests are banned from doing so? If not, are they then committing an offence?
What about the exclusive rights or special permission given by the police to the media to record such raids?
In the first place, Section 186 of the Penal Code merely states: “Whoever voluntarily obstructs any public servant in the discharge of his public functions shall be punished with imprisonment for a term which may extend to two years or with a fine which may extend to RM10,000, or both.”
Nowhere does it specifically state that recording video and pictures is an offence, and, therefore, this is merely a subjective view of the Home Ministry.
This appears more like a scare tactic than a legal one.
If members of the Royal Malaysian Police Force (PDRM) are conducting a raid professionally and by the book, they have nothing to worry about being photographed.
Meanwhile, if the operation is a covert one, then it is unlikely that the public will be in the know.
In whatever situation, if we believe in freedom of information and the role of the media, it is unlikely that we can have such rigid laws and restrictions.
Ear squat
In June 2005, a video popularly known as “ear squat” was exposed. It led to a wide range of public reactions as well as a witch hunt by the police.
Finally, an inquiry was held. As a result of this, new laws and protocols on how searches should be conducted were drawn up.
Although, the issue was initially centered around how the video got exposed, fortunately, the discussion resulted in better reforms on the issue of searches.
A recent case was brought to my attention. On June 9, the police were assisting the developer in cutting down trees in Taman Puchong Intan.
Frustrated residents who took photos of the incident were told by the policemen on duty to delete all the photos.
The police’s instruction seemed to imply that the residents committed an offence by capturing the photos.
Later, we advised the residents to lodge a police report on the police’s actions (which seems to be an illegal operation and not supported by any court order).
The police very reluctantly took the report despite initially being hostile about the complaint.
In today’s world, cameras and social media are crucial weapons in creating a safe and transparent world.
Those who abuse this should be charged accordingly.
This is the 21st century, for goodness’ sake. – Aug 3, 2022
S Arutchelvan is a grassroots activist and Parti Sosialis Malaysia (PSM) deputy chairman.
THE RECENT statement by Home Minister Datuk Seri Hamzah Zainuddin in Parliament that filming an arrest or raid by the public is an offence that can be charged under Section 186 of the Penal Code seems repressive and gives off the wrong signal.
Hamzah said filming an arrest or raid can lead to action being taken for obstructing a public officer in carrying out their duties and disrupting investigations.
Does this mean that the media and others documenting these arrests are banned from doing so? If not, are they then committing an offence?
What about the exclusive rights or special permission given by the police to the media to record such raids?
In the first place, Section 186 of the Penal Code merely states: “Whoever voluntarily obstructs any public servant in the discharge of his public functions shall be punished with imprisonment for a term which may extend to two years or with a fine which may extend to RM10,000, or both.”
Nowhere does it specifically state that recording video and pictures is an offence, and, therefore, this is merely a subjective view of the Home Ministry.
This appears more like a scare tactic than a legal one.
If members of the Royal Malaysian Police Force (PDRM) are conducting a raid professionally and by the book, they have nothing to worry about being photographed.
Meanwhile, if the operation is a covert one, then it is unlikely that the public will be in the know.
In whatever situation, if we believe in freedom of information and the role of the media, it is unlikely that we can have such rigid laws and restrictions.
Ear squat
In June 2005, a video popularly known as “ear squat” was exposed. It led to a wide range of public reactions as well as a witch hunt by the police.
Finally, an inquiry was held. As a result of this, new laws and protocols on how searches should be conducted were drawn up.
Although, the issue was initially centered around how the video got exposed, fortunately, the discussion resulted in better reforms on the issue of searches.
A recent case was brought to my attention. On June 9, the police were assisting the developer in cutting down trees in Taman Puchong Intan.
Frustrated residents who took photos of the incident were told by the policemen on duty to delete all the photos.
The police’s instruction seemed to imply that the residents committed an offence by capturing the photos.
Later, we advised the residents to lodge a police report on the police’s actions (which seems to be an illegal operation and not supported by any court order).
The police very reluctantly took the report despite initially being hostile about the complaint.
In today’s world, cameras and social media are crucial weapons in creating a safe and transparent world.
Those who abuse this should be charged accordingly.
This is the 21st century, for goodness’ sake. – Aug 3, 2022
S Arutchelvan is a grassroots activist and Parti Sosialis Malaysia (PSM) deputy chairman.
We are well aware the PDRM is an extension of the kerajaan allah. So, it is a case of you scratch my back, I scratch yours.
ReplyDeleteWhat is needed is an actual case of the police arresting a person recording an arrest or conducting a raid.
And let it be fought in our courts.