Online daily malaysiakini is still under investigation over its April Fool prank , with all eyes on the Attorney-General's Chambers as it decides the next course of action.

Minister of Energy, Water and Communications Dr Lim Keng Yaik said the Malaysian Communications and Multimedia Commission (MCMC) is looking into the matter.

"It is studying whether any offence has been committed under the Communications and Multimedia Act 1998, If there is, suitable action could be taken," he said in a written reply to the Parliamentary Opposition Leader Lim Kit Siang (DAP-Ipoh Timor).

The three-page reply, dated yesterday, was distributed by the opposition leader to reporters today.

In it, Keng Yaik said malaysiakini 's prank could be deemed an offence under section 233 of the Act.

This makes it an offence for any person - by means of any network facilities or network service or application services - to knowingly make, create or solicit any comment, request, suggestion or other communication which is obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass another person.

If found guilty, malaysiakini or its editors are liable to a maximum fine of RM50,000 or to a jail sentence not exceeding a year. The penalty also includes a further fine of RM1,000 for every day the offence is continued after conviction.

Additional checks

The probe could also cover possible offences under other legislation such as the Sedition Act and Defamation Act, Keng Yaik said.

He said the investigation was initiated by the government and that no complaints or reports have been lodged to date by other parties.

Keng Yaik also said the MCMC had written to the AG's Chambers on April 22 to seek instructions as to whether the case should be investigated by the commission itself or if other enforcement agencies would be instructed to take action instead.

Should the AG's Chambers decide that the MCMC has such jurisdiction, it will initiate action by opening an investigation paper and taking statements from the relevant parties including malaysiakini personnel.

The commission will then present its findings to the AG's Chambers to ascertain whether there are valid and strong grounds for a prima facie case, before proceeding to the prosecution stage. Otherwise, the case will be dropped.

Revive debate on graft

Malaysiakini had posted a 'news report' on April Fool's Day, claiming that three ministers and a menteri besar were to be charged with corruption. A second report was posted at the same time, revealing the joke.

However, this caused a flap among those in government. Attorney-General Abdul Gani Patail was reportedly furious, while Minister in the Prime Minister's Department Mohd Nazri Abdul Aziz accused malaysiakini of telling lies .

Members of opposition parties described the reaction as panic-stricken, alleging that ministers had "suffered during those few minutes when they believed they might be arrested and prosecuted for corruption".

In its defence, malaysiakini said the joke was meant to revive debate on the issue of corruption. At least 25 high-profile corruption cases involving high-ranking politicians have been under investigation for the past five years.