'Umno Facebook' probe not under Section 114A

The police will not apply Section 114A of the Evidence Act in investigating the 'Pemuda Umno Malaysia'  Facebook page over a religion-sensitive posting, for which Umno Youth has disclaimed responsibility.

This is because Section 114A does not refer to an offence but to a procedure in attempting to prove a crime in court, said Kuala Lumpur Criminal Investigation Department chief Ku Chin Wah (right).

"For a start, we are investigating the case under Section 233 under the Communications and Multimedia Act. We (will) investigate and later, we will hand (in) our findings,” he told a press conference at the KL police headquarters this morning.

"It is up to the attorney-general (AG) to prefer any charge. Whether it is 114, 115, 116 or anything else, that is up to the attorney-general."

Section 233 refers to the improper use of network facilities or network services.

Those convicted are liable to a fine not exceeding RM50,000 or to imprisonment not exceeding one year, or to both. A further fine of RM1,000 will be imposed for every day that the offence is continued after conviction.

Yesterday, Umno Youth head Khairy Jamaluddin (left) had said he is willing to be subjected to Section 114A of the Evidence Act.

This followed a call by Penang Chief Minister Lim Guan Eng for AG Abdul Gani Patail to use the provision, to live up to the government's defence of the much-contested amendment.

Section 114A, which was introduced as an amendment in April, makes the presumption that any individual or organisation whose name is carried together with any online publication is the author of that content.

If they are not, it is up to them to prove their innocence. The same applies to network owners.
 
BN Youth had Aug 20 lodged a police report, dissociating itself from the Facebook page and also disclaiming responsibility for a posting by the page administrator that has been deemed as sensitive.