Beruas MP Ngeh Hoo Kam has spoken out against the investigation of Kuantan MP Fuziah Salleh and the threat of stern action by the Defence Minister against the media for misleading and inaccurate news reports.
"I urge Perikatan Nasional (PN) not to abuse its powers as no offences have been committed. Errors should be pointed out and corrections made," said Ngeh in a statement today.
Ngeh said he viewed the incidents with great concern.
Police reportedly seized Fuziah's handphone in connection to investigations over a social media posting ostensibly depicting people storming Immigration facilities in Johor.
This was after a video clip was uploaded on her Facebook late Thursday night allegedly depicting the Sultan Iskandar Building (CIQ Complex) in Johor Bahru turning chaotic after large crowds of Malaysians returned home from Singapore.
The Facebook page later carried a note where the page's "administrator" apologised for posting an old video clip.
Ngeh pointed out that Fuziah Salleh had "erroneously posted on her Facebook
account", which was deleted immediately when it was discovered to be an old video recording."
account", which was deleted immediately when it was discovered to be an old video recording."
He also objected to the warning from Defence Minister Ismail Sabri Yaakob that stern action will be taken against the media for misleading and inaccurate news reporting.
"Muhyiddin himself admitted this is not a government chosen by the people.
"PN must not abuse its power during this movement control order period when Pakatan Harapan (PH) leaders have restrained themselves from being critical against the PN government despite the undemocratic power grab so that our whole nation can concentrate our energy and resources to combat the Covid-19 pandemic which poses a great threat to the people’s health and their economic well-being," he said.
"Fuziah Salleh and the media have a duty to keep our citizens informed of the latest events and our laws protect them from any criminal prosecution should there be an error due to a mistake of facts.
"Under our criminal law, mens rea (intention to commit a crime) is essential before any act can be said to be criminal. A mistake of facts is a complete defence under common law and under our Penal Code (Sections 76 & 79)," he added.
Ngeh said that under such circumstances the authorities should point out an error and ask for a correction to be made.
"It is an abuse of power to take action against a person who made a genuine mistake as the law is clear that such a person has not committed any criminal offence," he claimed.
"Prosecution should only be made if there is a malicious intent to create and/or spread false news," said Ngeh who went on to cite the 2018 judgment involving Ismail and himself in which Ismail was ordered to pay RM80,000 in damages and RM5,000 in costs to Ngeh for defamation. -Mkini
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