Police can investigate Umno Youth under the newly-amended Evidence Act on the police report the movement lodged on an unauthorised Facebook page that posted a religiously sensitive message using its name, says Information, Communications and Culture Minister Rais Yatim.
Rais, who has been defending the controversial Section 114A of the Evidence Act that was gazetted on July 31, told Chinese newspaper Sin Chew Daily that the police can require Umno Youth to prove that the Facebook page does not belong to the political wing or that its name had been misused.
Should the police do so, it would be the first case to be investigated under this Act since the amendment took effect.
Rais said the Malaysian Communications and Multimedia Commission would provide the technical support, including identifying the Internet Protocol address of theFacebook page if required by the police.
Under Section 114A, which was introduced as an amendment to the Evidence Act in April, the law presumes a person or organisation whose name is carried together with any online publication as the author of that content.
If the person or organisation is not the author of the publication, it is up to that person or organisation to prove innocence. The same applies to network owners whose Internet connectivity is used by others for "illegal" activities.
BN Youth lodged a police report on Monday, dissociating itself from the Facebook page of "Pemuda Umno Malaysia" (Umno Youth Malaysia) and also disclaimed responsibility for a posting made by the page administrator that is deemed to be religiously sensitive.
Rais, who has been defending the controversial Section 114A of the Evidence Act that was gazetted on July 31, told Chinese newspaper Sin Chew Daily that the police can require Umno Youth to prove that the Facebook page does not belong to the political wing or that its name had been misused.Should the police do so, it would be the first case to be investigated under this Act since the amendment took effect.
Rais said the Malaysian Communications and Multimedia Commission would provide the technical support, including identifying the Internet Protocol address of theFacebook page if required by the police.
Under Section 114A, which was introduced as an amendment to the Evidence Act in April, the law presumes a person or organisation whose name is carried together with any online publication as the author of that content.
If the person or organisation is not the author of the publication, it is up to that person or organisation to prove innocence. The same applies to network owners whose Internet connectivity is used by others for "illegal" activities.
BN Youth lodged a police report on Monday, dissociating itself from the Facebook page of "Pemuda Umno Malaysia" (Umno Youth Malaysia) and also disclaimed responsibility for a posting made by the page administrator that is deemed to be religiously sensitive.
Youth confident of proving its innocence
The posting in Malay read, "If you agree to making Christianity the official religion of the Federation of Malaysia, continue your support for Pakatan Rakyat."
And it continued in English: "God bless you my son."
The administrator of the Facebook page, whose identity remains unknown, defended the action with another Facebook posting that read: "Even though this is not a formal (Umno) Youth fan page, but the voices on this fan page are strong enough to carry the voice of the grassroots to the top."
The posting in Malay read, "If you agree to making Christianity the official religion of the Federation of Malaysia, continue your support for Pakatan Rakyat."
And it continued in English: "God bless you my son."
The administrator of the Facebook page, whose identity remains unknown, defended the action with another Facebook posting that read: "Even though this is not a formal (Umno) Youth fan page, but the voices on this fan page are strong enough to carry the voice of the grassroots to the top."
Umno Youth chief Khairy Jamaluddin, who is one of the few BN leaders opposing the controversial Section 114A, has said that he isprepared to be charged under the amended law, and is confident that the Youth movement can prove its innocence.
Rais in the same Sin Chew Daily report reiterated that the cabinet has decided to maintain the amendment.
"The opposition has politicised the amendment, trying to create the impression that the government is flip-flop on this issue, hence the government must stand its ground," he is quoted as saying.
The lawyer-turned-politician explained that the amendment does not practise presumption of guilt but presumption of fact, where one charged under the law can still defend oneself in the court.
This principle also exists in other laws, including the Sedition Act and Dangerous Drugs Act, he added.
Rais in the same Sin Chew Daily report reiterated that the cabinet has decided to maintain the amendment.
"The opposition has politicised the amendment, trying to create the impression that the government is flip-flop on this issue, hence the government must stand its ground," he is quoted as saying.
The lawyer-turned-politician explained that the amendment does not practise presumption of guilt but presumption of fact, where one charged under the law can still defend oneself in the court.
This principle also exists in other laws, including the Sedition Act and Dangerous Drugs Act, he added.
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