Malaysian entrepreneur and influencer Datuk Seri Aliff Syukri Kamarzaman found himself in the public eye again recently due to a teaser video of the music video for a Hari Raya Aidilfitri song titled ‘Love Raya’ which many found indecent and allegedly insensitive towards the Malay Muslim community in our country. As it turned out, the music video is actually non-existent, with the teaser video only an elaborate April Fool joke by the popular cosmetic brand founder.
However, many Malaysians weren’t laughing at the prank, with the viral video sparking controversy as it depicted a group of men dancing distastefully in traditional Baju Melayu attire. This was further exacerbated by the subject matter being Aidilfitri, one of the major Muslims and the fact that the video was released during the holy month of Ramadan.
Aliff has since deleted the video and issued a public apology but not before the whole ordeal caught the attention of the authorities which have since launched a probe into the entrepreneur’s antics. As reported by NST, the Malaysian Communications and Multimedia Commission (MCMC) has seized Aliff’s mobile phone and SIM card to facilitate the probe into the music video.
Aliff has also been summoned to MCMC headquarters and had his statement recorded to further assist in the investigation. This was all following Communications Minister Fahmi Fadzil’s request for MCMC to take action regarding the Raya video clip by the cosmetic brand founder.
So, what actions can be taken against Aliff for the viral video? Well, read on to know more about the relevant laws and regulations on the matter below.
The Communications and Multimedia Act 1998
Given that the video was posted online through Aliff’s social media accounts, the most relevant law in this situation is the Communications and Multimedia Act 1998. Specifically, the entrepreneur may face a charge under Section 233(1)(a) of the Act below:
The provision clearly established that it is an offence to knowingly make or initiate the transmission by means of network facilities or applications (in this case, social media platforms), any communication which is obscene, indecent, menacing or offensive in character. In relation to that, the Aidilfitri video can be argued to be indecent or offensive in character, with offenders facing potential punishments under Section 233(3) of the Act below:
Should Aliff be charged and convicted under Section 233 of the Communications and Multimedia Act 1998, he may face up to RM50,000 fine or up to 1 year in jail or both. Moreover, he may also be liable to a further fine of RM1,000 per day during which the offence is continued after conviction. However, the latter shouldn’t apply to Aliff’s case as he has already deleted the Aidilfitri video after getting backlash from the public.
It is worth noting that should the popular entrepreneur be charged under Section 233 of the Communications and Multimedia Act 1998, it won’t be the first time he is facing charges under the provision. According to Berita Harian, in 2022, Aliff was charged under the same provision for a similar offence in relation to the Aidilfitri music video he released in April of that year.
The trial is still ongoing until today.
Section 504 of the Penal Code
Besides that, the cosmetic brand founder may also theoretically be charged under offences prescribed in the Penal Code, specifically under Section 504 for intentional insult with intent to provoke a breach of the peace.
Section 504 of the Penal Code is as follows:
Based on the above provision, Aliff’s Aidilfitri music video is arguably in line with what is considered an offence under Section 504 of the Penal Code. Hence, should he be charged and convicted under this provision, Aliff faces up to 2-year jail, a fine or both.
With all of the above established, it’ll be interesting to see how the investigation will play out and whether Aliff will experience deja vu and be charged again for a similar offence as he did in 2022. Regardless, let this incident be a reminder to all Malaysians to be mindful of what they post on social media, let alone during the holy Ramadan period when it was published, as well as the religious significance #RAYA2024 holds amongst the Muslim community in Malaysia.
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