AGC originally wanted to prosecute Astro - MCMC

The Malaysian Communications and Multimedia Commission (MCMC) has claimed it proposed to fine Astro to save the satellite TV provider from being prosecuted in court.

The commission said this was decided in consultation with the Attorney-General’s Chambers (AGC) back in 2016.

In a statement by its corporate communications department, the MCMC said this followed 2015 investigations into the re-airing of an Al Jazeera documentary on the murder of Mongolian national Altantuya Shaariibuu.

The explanation came after Malaysiakini reported yesterday that Measat Broadcast Network Systems Bhd, which operates Astro, was issued several compound notices amounting to RM4,000 earlier this month.

The compounds came close to five years after Astro repeatedly aired the documentary as part of Al Jazeera’s Asia Pacific current affairs programme, 101 East, on channel 513.

MCMC today said the satellite TV provider was found to have re-aired the content that was "indecent" and in breach of Section 206(3) of the Communications and Multimedia Act 1998 (CMA).

However, it claimed the AGC initially instructed it to prosecute Measat Broadcast.

“A complaint on the repeated re-airing of the documentary ‘Murder in Malaysia’ was investigated for breaching the terms of the (individual) services provider class licence under the CMA.

“Investigation papers were presented to the AGC on Dec 31, 2015. On Jan 5, 2016, MCMC was instructed to prosecute Measat Broadcast under Section 211 of the CMA for providing indecent content with the intent to harass any person."

Those convicted under Section 211 would be liable to a fine not exceeding RM50,000 or jail term of up to a year, or both. They shall also be liable to a further fine of RM 1,000 for every day the offence is continued after conviction.

The MCMC's statement went on to say that on Jan 8, 2016, the commission proposed to the AGC to reconsider prosecuting, and instead the MCMC proposed for Measat Broadcast to be compounded.

The proposal was agreed upon and the MCMC was then instructed to provide compounding permits as well as to conduct further investigations to complete the investigation papers, the statement added.

However, the commission went on to explain that the deputy public prosecutor was only briefed again on Apr 30 of last year, and on June 4, 2020. The compound order was issued on June 23.

The compound offer to Astro was ultimately dated July 1 but was reportedly sent to the company on July 7. It said Measat Broadcast may appeal against the compound or "reject the offer".

The "Murder in Malaysia" documentary detailed the October 2006 murder of Altantuya and linked it to then-prime minister Najib Abdul Razak.

The 101 East journalist Mary Ann Jolley (photo) was also deported during the production of the documentary.

In response, the Prime Minister’s Office (PMO) at the time issued a statement denying that Najib met or had any communication with Altantuya. The office also denied that the two men convicted of her murder were Najib's bodyguards.

"This allegation is intentionally misleading, and has been used to perpetuate baseless conspiracy theories," the PMO had said in a statement published on Al Jazeera's website.

Astro has not responded to Malaysiakini’s requests for comment.

This is the second Al Jazeera documentary to come under scrutiny in recent days. The broadcaster is also being probed by police for its July 3 documentary, "Locked up in Malaysia’s Lockdown", on alleged handling of undocumented migrants during the MCO. - Mkini