Former radio announcer and veteran actor Patrick Teoh has been remanded for three days by the Johor police for allegedly insulting the state’s Crown Prince Tunku Ismail Sultan Ibrahim.
Online portal Malay Mail quoted Johor police chief Ayob Khan Mydin Pitchay as saying that Teoh (photo) has been remanded for from today until May 12 to facilitate investigations.
"On Friday, the state police received a report from the public alleging that the 73-year-old suspect had allegedly insulted Tunku Ismail, popularly known as TMJ, and the Johor royal institution in a Facebook post under the name "Patrick Teoh".
"Acting on the police report, a team from the Johor police contingent’s Commercial Criminal Investigation Department arrested the suspect, who is said to be a radio personality and actor, at the Petaling Jaya district police headquarters yesterday," said Ayob.
Ayob said police had seized a laptop belonging to Teoh who was brought to the Johor Baru Magistrate’s Court remand proceedings.
Teoh's lawyer Rajan Navaratnam yesterday said his client had allegedly re-shared an old video of Tunku Ismail and others dressed in military fatigues and handling firearms.
The actor and radio personality is alleged to have also posted obscenities when he shared the video through his Facebook page on Thursday.
Ayob confirmed police have initiated investigations under section 233 of the Communications and Multimedia Act (CMA) 1998 for sharing offensive and improper content, which carries a maximum fine of RM50,000 or a jail term not exceeding one year or both,
He also reminded the public not to misuse application services to spread fake news that will cause discontent, threaten and also touch on sensitivities.
Call for immediate release
In an immediate reaction, rights group Suara Rakyat Malaysia (Suaram) called for Teoh's release and release of all other individuals detained for such offences.
It also urged the government to immediately review and restrict the flawed application of section 233 of CMA by the police.
"Section 233 of the Communication and Multimedia Act 1998 was not designed to criminalise online commentary, neither is it a criminal offence for anyone to post uncouth or offensive remarks online so long it does not threaten the safety and wellbeing of another person.
"The arrest and remand of any individual under section 233 of CMA for allegedly insulting the royal institution is an abuse of the law as any investigation for such offence can be done remotely without the need for prolonged remand," said Suaram executive director Sevan Doraisamy in a statement.
Sevan claimed that the Johor police contingent had a history of abusing section 233 of the CMA, with mass arrests and a trend of requesting extensive remand period against an accused.
"Despite the change in leadership, Johor police contingent seems to be keen to continue the absurd trend where limited police resources are wasted on arresting and detaining individuals for online commentaries that do not threaten the safety and wellbeing of others," he further claimed.
Sevan also cited a 2018 verdict in favour of veteran politician Zaid Ibrahim who was acquitted of a charge under section 233 of the CMA for the alleged insult of then prime minister Najib Razak.
"In this context, perhaps the Johor police contingent should verify the supposed victim of this case was genuinely affected by an offhand remark by a random individual online before spending limited police resources to arrest and detain a person for alleged offensive comments online during a pandemic," he said.
At the time, Cyber Court judge Justice Zaman Mohd Noor reportedly ruled that the prosecution must call on Najib as the victim and have the victim testify that they were affected by the accused’s statement. - Mkini
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