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A viral video provoked the ire of Malaysians recently, showing a group of individuals overseas taking down the Malaysian flag, Jalur Gemilang, and replacing it with the flags of Sabah and Sarawak, believed to promote the separation of the 2 East Malaysian territories from our country.
According to a statement by the Inspector-General of Police (IGP) Tan Sri Razarudin Husain, a preliminary investigation found that the incident took place in Melbourne, Australia, on Malaysia Day earlier this month, supposedly as a symbol of the end of Malaysia’s ‘colonisation’ of Sabah and Sarawak and making them republics.
Razarudin further revealed that the Royal Malaysia Police (PDRM) has managed to track down the individual who posted the video and made it viral. He added that the suspect was a Malaysian man with an address in Sabah and had 2 previous criminal records relating to Section 500 of the Penal Code and Section 233 of the Communications and Multimedia Act 1998.
Despite that, the suspect is still unrepentant and currently out on bail of RM3,000 for an unrelated offence in Kota Kinabalu pending the mention of the case in November. As for his latest offence, PDRM had opened up an investigation paper on the viral video following some 35 police reports received on it.
So, what legal actions does the suspect face this time for the provoking video depicting elements of Sabah and Sarawak’s separation from Malaysia? Well, join us as we delve into the relevant laws below.
Section 4(1) of the Sedition Act 1948
Given that the viral video allegedly promotes the separation of the two East Malaysian territories from the Federation, the intention behind posting it can be argued to be seditious, hence Section 4(1) of the Sedition Act 1948 below may apply:
Specifically, Section 4(1)(a) may be applicable to the case as the posting of the video may be deemed as attempting to do any act which has a seditious tendency. Moreover, Section 4(1)(c) may also apply as the posting of the video can be argued to be publishing, distributing or reproducing a seditious publication.
Should the individual be charged and convicted under this provision, he may face a fine of up to RM5,000, jail of up to 3 years, or both.
Section 233(1) of the Communications and Multimedia Act 1998
In addition, the suspect may also face action under Section 233(1) of the Communications and Multimedia Act 1998 below as the video was posted on social media.
The suspect may be considered to have committed an offence under the provision as he had used a network service, in this case, social media platforms, to make a communication which is obscene, menacing and offensive in character with the intent to harass another person.
Should the suspect be convicted under this provision, he may face action under Section 233(3) of the Act below, whereby if convicted, he faces up to an RM50,000 fine, imprisonment of up to 1 year, or both.
Additionally, the suspect may face a further fine of up to RM1,000 for every day during which the offence is continued after conviction.
Section 504 of the Penal Code
Beyond that, Section 504 of the Penal Code below for intentional insult with intent to provoke a breach of the peace may also apply to the case.
As per the above, should the suspect be charged and convicted under this Penal Code provision, he may face up to 2 years in jail, a fine, or both.
Moving forward, it will be up to the Attorney-General’s Chambers (AGC) following PDRM’s investigation to determine the most relevant charge against the suspect, if any, based on the findings of the investigation. In a criminal proceeding, AGC plays an important role as they are the principal prosecuting authority.
Furthermore, the AGC is tasked to determine whether or not the evidence provided by the investigating officer is sufficient to prove a prima facie case. Essentially, they decide whether to charge the accused or not without fear or favour.
In the meantime, everyone should remain calm and let the law take its course.
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