The Home Ministry proposal to raid private homes to search and seize pornographic VCDs would amount to a gross violation of human rights, said human rights commissioner Prof Hamdan Adnan today.

Hamdan, who chairs the complaints and inquiry working group of the Human Rights Commission of Malaysia (Suhakam) said the move - if implemented - could antagonise the public and lead to discord.

Home Ministry central zone enforcement unit chief Mamat Ibrahim had made headlines yesterday with the announcement. He said private homes would be searched if there are tip-offs. Offenders are liable to a maximum fine of RM50,000 or five years' jail.

'Not practical'

Hamdan pointed out that legal procedures should be followed because privacy is an important issue. He also warned that the search procedure could be abused.

"For instance, it is possible to frame someone or plant evidence to show that the person was in possession of pornographic material," he said when contacted in Sabah today.

Hamdan also cautioned that enforcement officers should obtain a warrant before conducting such raids.

"But it (the idea) is not practical at all. Does this mean that the police will have the time and manpower to get a warrant to raid each house?" he asked.

"This is ironic because, whenever people lodge reports that a crime has taken place, the police always claim to face a manpower shortage and practically do nothing about it.

"Furthermore, porn material is available on the Internet - how is the government going to deal with that? You can't eliminate pornography and piracy entirely."

He said a better alternative would be to focus on educating the public, with emphasis on moral values.

'Fishing expedition'

National human rights society Hakam president Ramdas Tikamdas said before any enforcement agency discharges its duties, it must generally comply with the procedures in the Criminal Procedure Code and relevant laws.

He said they cannot go on a fishing expedition because this would violate human rights and amount to outright abuse of power.

"The agencies are sufficiently empowered to keep the problem of pornographic and pirated CDs and VCDs in check, but lax enforcement makes a mockery of the system," he said, adding that the focus should be on continuous basic enforcement.

"It is due to the lack of such efforts that we are now faced with smut in the pasar malam (open-air night market) and make-shift stalls," said Ramdas.

He also noted that smut was popularly being transmitted as forwarded jokes through SMS (short messaging service via mobile phones) with "everyone having a good laugh".

"Although it appears harmless, I don't think it is a culture we want to promote in the long run because it not only involves adults but also the young."

DAP's view

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DAP national chairperson Lim Kit Siang said a clear-cut stand was necessary to ensure that the police are not allowed to raid private homes, as such exercises would do more harm than good.

"It will result in a reign of terror by the police and criminals camouflaging as police to tyrannise over private citizens in their own homes," he said in a statement.

"Are the police prepared to make an example of ministers, deputy ministers, parliamentary secretaries and MPs by sending police teams to raid their homes in search of pornographic VCDs?"

National publicity secretary Ronnie Liu said he hoped that the government was serious about wiping out pornographic VCDs because the traders usually make a bigger comeback after a major enforcement blitz.

"As long as there is rampant corruption and a lack of political will, there is no way that problems involving pornography, gambling machines, drug trafficking and other vices can be eradicated."

Yesterday, Bernama quoted Deputy Prime Minister and Home Minister Abdullah Ahmad Badawi as cautioning against raids on private homes, saying that concerted enforcement efforts should focus on distributors and buyers.

He also expressed concern over possible legal implications, especially in relation to privacy issues.