Summary

  • Bersatu legal and constitutional bureau chairperson Khaliq Mehtab says video posted by party leader on KL Tower takeover was only the expression of concern by a citizen.

  • He says Hulu Langat Bersatu info chief Shafiq Abdul Halim merely questioned why KL Tower management went from a 100pct bumiputera company to a new company with allegedly only 30pct bumiputera equity holding.


Bersatu legal and constitutional bureau chairperson Khaliq Mehtab Mohd Ishaq said a video posted by a party leader on the Kuala Lumpur Tower takeover only expressed the concern of a Malaysian citizen.

He said Hulu Langat Bersatu information chief Shafiq Abdul Halim merely questioned why the management of KL Tower went from a 100 percent bumiputera company to a new company which allegedly has only 30 percent bumiputera equity holding.

“Nevertheless, Shafiq was imposed a compound of RM10,000 under Section 233(1)(a) of the Communications and Multimedia Act 1998 on the grounds that he ‘knowingly made and initiated the transmission of communications that were extremely obscene in nature with the intention of offending others’.

“It is very worrying how a government that claims to uphold the principles of openness and reform can so easily take action against people who are simply voicing their views.

“Shafiq’s video clearly does not contain any obscene or defamatory elements, but rather is a form of freedom of expression guaranteed under Article 10(1)(a) of the Federal Constitution,” Khaliq said in a statement today.

On Wednesday (May 7), Shafiq said a group of MCMC officers allegedly visited his house to deliver a document which compelled him to settle a RM10,000 compound over an alleged offence caused by a social media post on the KL Tower concession issue.

MCMC had said the compound was imposed on Shafiq for publishing “grossly offensive” content that touches on racial and religious sentiment.

It said that it had also received permission from the Attorney-General’s Chambers to issue the compound.

Shafiq, however, denied the agency’s allegation against him and claimed that he had provided all the relevant facts to investigators.

Not a criminal offence

Speaking further, Khaliq said that expressing opinions on government decisions is not a criminal offence.

“Imposing a RM10,000 compound on Shafiq not only violates the principle of justice, but also reflects the government’s intimidation and pressure on the people’s right to speak legally,” he added.

MCMC’s action lies contrary to the constitutional right to freedom of speech, he said.

He went on to urge MCMC to drop its accusations against Shafiq.

Yesterday, Bersatu information chief Tun Faisal Ismail Aziz criticised the Madani government over the matter.

He compared the RM10,000 compound issued to Shafiq with fines given to those who committed what he called more serious offences, such as four men found with more than 50,000 files of child sexual abuse material, who were slapped with RM3,000 and RM6,000 fines.