The amended Section 114A of the Evidence Act 1950 still holds the prosecution responsible to carry out a comprehensive investigation before making charges, attorney-general   Abdul Gani Patail said today.

  He said no charge could be made against anyone, simply because the person's name was linked to a published article.

  He said it was imperative to firstly, prove that the article was offensive in nature, and secondly, prove it was written or published by the person concerned.

  "This is because, as we know, people's names can be used. There are many Abdul Ganis in Malaysia, and possibly, there are people who use the name.

  "We cannot simply charge the person. Investigation has to be carried out to determine the facts. Otherwise, we are not being responsible.

  "If you have a computer, I have to prove that you uploaded the article from your computer, and I have to prove that you have internet facilities. Otherwise, I cannot prove my case," Abdul Gani told reporters in Putrajaya.

He was met after a briefing session on the provisions of Section 114A of the Evidence Act at the Attorney-General's Chambers there.

The amendments had created a furore, especially among netizens.

Gani said, after getting feedback on the amendments from all quarters, including the Human Rights Commission of Malaysia and the Bar Council, his office would make the necessary recommendations.

- Bernama