Judul : 'Gadis Shell': Rojak Daily's Contributing Lawyer Tells Us What She Can Do
link : 'Gadis Shell': Rojak Daily's Contributing Lawyer Tells Us What She Can Do
'Gadis Shell': Rojak Daily's Contributing Lawyer Tells Us What She Can Do
Her cutout reappeared in May and was met with joy by Malaysians. Until a bunch of perverts decided to pose indecently with her cutout and post their pictures online.
Her husband was equally distressed by the photos.
In the same report, Nor Shafila has said she would not pursue legal action against the so-called 'molesters' of her standee. This got us thinking:
For this, we relied on our contributing lawyer, Louis Liaw (louisliaw.wordpress.com) who says:
The Communications and Multimedia Act 1998 Section 233 states that it is an offence for improper use of network facilities or network service, etc including if a person who by means of any network facilities or network service or applications service knowingly—
(i) makes, creates or solicits; and
(ii) initiates the transmission of, 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.
So, if say, the person who harassed the poster, purposely took those photos of him harassing, and post it online, with the intention of harassing another person with his post (maybe the lady herself), then he can be caught under CMA. The person shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both and shall also be liable to a further fine of one thousand ringgit for every day during which the offence is continued after conviction.
But ofcourse the thing here is:
1) The one who posted the photo is liable (not the person who actually harassed the poster, although they can be the same person.
2) He msut have posted the photo with the specific intention to annoy someone , i.e. purposely to annoy someone. if post just for his own fun then no offence.
The section is wide and vague and we as lawyers should not encourage the use of this law.
According to this section, it will be difficult for Nor Shafila to build a case. It's going to be difficult for her to prove that the photos were posted with the intention to harass her so Louis discourages this option. He does point out another way however:
Alternatively the men could be found guilty under s.268 of the penal code which states that a person is guilty of a public nuisance if he does any act which causes any common injury, danger, or annoyance to the public, or s.294 (a) which provides that whoever, to the annoyance of others does any obscene act in any public place shall be punished with imprisonment for a term which may extend to three months or with fine or with both.
This reminds of the case of the Australians who stripped at the F1 event, and the mountain climbers who stripped at Mount Kinabalu. They were charged under s.294(a). However, it will require the will of the police and the prosecution to search for members of the public who may have witnessed their actions on that day, to come forward to say they were annoyed by their actions. and also to convince the court tha their actions are obscene.
I am doubtful the police would spend their resources on matters as such, and perhaps public shaming of these individuals is sufficient in serving the public interest in discouraging these behaviours.
First Appear On Online News Malaysia
Khabar Malaysia
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