Recording cops in action is not a crime - Bar president

 

Recording police conducting a raid is not a crime, said Malaysian Bar president Salim Bashir.

He said this in response to the arrest of student activist Wong Yan Ke who recorded an incident when the police raided fellow activist Robin Yap Wen Qing's home in Petaling Jaya yesterday. 

Police were investigating a statement made by the UM Association of New Youth (Umany) under the Sedition Act and Communications and Multimedia Act.

Yap is the Umany president while Wong was his predecessor.

"The Malaysian Bar is concerned by the events that transpired. We take the stance that there is no offence in recording the police conducting a raid.

"As long as the police officers are carrying out their duties in accordance with the law, there is no cause for concern for them to prevent the recording.

"Body cameras and dashboard cameras are used by law enforcement officers in other jurisdictions such as the United States and United Kingdom, among others, as a means to record their interactions with the public during their course of duty, in order to prevent misconduct by the police," Salim (above) said.

He pointed out that even Inspector-General of Police Abdul Hamid Bador had mooted body cameras for his personnel to prevent abuse and ensure transparency.

Wong was arrested under Section 186 of the Penal Code after he refused to heed police advice not to record the raid.

Section 186 concerns the obstruction of a public servant in discharging his or her public functions.

It carries a punishment of up to two years or a fine of up to RM10,000 or both.

"The Malaysian Bar views that a video recording of a raid or an arrest without any overt act that invokes violence, cannot and should not, be construed as an aggressive or menacing action that would give rise to an offence under section 186 of the Penal Code.

"While we understand that each case should be judged by its facts and its merits, nothing in the reporting suggests that Wong’s actions invoked violence that could be deemed to be obstructive to the duties of the police officers during the time of the raid," Salim said.

15-hour detention

Wong (photo) was released today on police bail after a 15-hour detention.

Police are looking into Umany's statement on Facebook which told the Yang di-Pertuan Agong not to meddle in public affairs.

This was after the ruler urged MPs to support the government's Budget 2021 amid the Covid-19 pandemic.

The case is being investigated under Section 4(1) of the Sedition Act which punishes the utterance of any words or publication that has a "seditious tendency" that carries a punishment of up three years imprisonment, or a fine of up to RM5,000 or both.

It is also being investigated under Section 233 of the Communications and Multimedia Act which concerns the misuse of network facilities that carries a punishment of a fine of up to RM50,000, one-year's imprisonment, or both.

Meanwhile, Amnesty International Malaysia, in a separate statement, also expressed concern at the investigation under the Sedition Act and Communications and Multimedia Act as well as the arrest for obstruction.

"The decision to investigate these students is appalling. It is a violation of their right to freedom of expression, especially considering that the Facebook post they made was intended to be part of an academic debate.

"This move by the authorities is an obvious attempt to intimidate and silence them,” said its executive director Katrina Jorene Maliamauv.

Katrina urged police to drop the investigation against Umany members.

"Repressive laws such as the Sedition Act 1948 should be repealed and the Communications and Multimedia Act 1998 reviewed and amended to ensure it is in strict compliance with international human rights standards," she said.

Katrina also urged Universiti Malaya to facilitate academic discussions.

"Gatekeeping ideas and penalising students for having critical opinions only serves to dampen and harm academic discourse. The right to freedom of expression is a fundamental human right that should be enjoyed by all persons in Malaysia, including students,” she added. - Mkini