The Malaysian Communications and Multimedia Commission (MCMC) is entrusted with the role of promoting and regulating the communications and multimedia industry and to enforce the communications and multimedia laws in Malaysia. MCMC was established on 1 November 1998 pursuant to the provisions of the Malaysian Communications and Multimedia Commission (MCMC). Malaysian Communications and Multimedia Commission (MCMC) had taken action for 11 websites that did not comply with rule and unqualified and until now as much as two case brought to the Attorney-General office to act further. Follow by individual law, who abuse Internet to spread the content behave false, threatening or ploy will be imposed action under 211 and 233 Communication Act and Multimedia 1998’s Section. If convicted, individual could be fined up to RM50, 000 or jail not over a year or both of them once. Apart from that, it also may sue under Sedition Act 1948, Defamation Act 1957 and Penal Code. Although people are given the opportunity to voice out their voice and opinion, but supervising from the certain parties essentially bounded the right to voice out. It has a lot of advantage if supervise been practised but it must suitable with the human rights itself. As citizens live in a democracy country, where is the real channel to voice out our opinion and views? And did restriction or freedom website is the one that has been practised in the democratic?
The Internal Security Act 1960 (ISA) (Malay: Akta Keselamatan Dalam Negeri) is a preventive detention law in force in Malaysia. The legislation was inherited by Malaysia after it gained independence from Britain in 1957. In essence, it allows for the arrest of any person without the need for trial in certain defined circumstances. Malaysia is one of the few countries in the world whose Constitution allows for preventive detention during peacetime without safeguards that elsewhere are understood to be basic requirements for protecting fundamental human rights.
Preventive detention first became a feature of the then Malaya in 1948 primarily to combat the armed insurgency of the Malayan Communist Party. The Emergency Regulations Ordinance 1948 was made, following the proclamation of an emergency, by the British High Commissioner Sir Edward Gent. It allowed the detention of persons for any period not exceeding one year. The 1948 ordinance was primarily made to counter acts of violence and, conceivably, preventive detention was meant to be temporary in application. The emergency ended in 1960 and with it ended the powers contained in the that ordinance as it was repealed. The power of preventive detention was however not relinquished and in fact became an embedded feature of Malaysian law. In 1960 itself, the government passed the Internal Security Act under Article 149 of the Malaysian Constitution. It permitted the detention, at the discretion of the Home Minister, without charge or trial of any person in respect of whom the Home Minister was satisfied that such detention was necessary to prevent him or her from acting in any manner prejudicial to national security or to the maintenance of essential services or to the economic life in Malaysia. The ISA is one of the most controversial Acts enacted under Article 149 of the Malaysian Constitution.
A person detained under the ISA during the first 60 days is held incommunicado, with no access to the outside world. Furthermore, lawyers and family members are not allowed access to the detainee during this initial period. If a two-year detention order is signed, the detainee is taken to the Kamunting Detention Centre to serve his or her two-year term, during which family members are allowed to visit. Otherwise, the detainee may be released.
The following list shows known current and former detainees under the Internal Security Act:
Accused of writing a report (on Ahmad Ismail's Incendiary Racist Remarks) that may incite hatred among the Malay and Chinese. The Home Minister later explained she was detained as her security was threatened, which is irrelevant
An artist's portrayal of the Internal Security Act. The law has attracted criticism when dealing with civil rights issues.
Due to the alleged draconian nature of the ISA, several human rights organisations and opposition political parties have strongly criticised the act and called for its repeal. Foreign governments, notably that of the United States, have also pressured the government to repeal the act.
Latest ISA arrest will be on Raja Petra
On Sept 6, Home Minister Syed Hamid Albar had warned the 58-year old editor of popular news portal Malaysia Today he could be charged under the ISA for comments allegedly insulting Islam and Prophet Muhammad
Several religious groups - Malaysian Islamic Development Department (Jakim), Yayasan Dakwah Islamiah Malaysia (Yadim), Federal Territory Islamic Religious Council (Maiwp) and Federal Territory Religious Department (Jawi) - had lodged police reports against him.
The groups complained his comment in an article entitled “I Promise to be a good, non-hypocritical Muslim” allegedly used sentences that insulted Muslims.
Raja Petra, popularly known by his initials RPK, is also alleged to have allowed comments to appear on his website that degraded Islam and Prophet Muhammad in an article entitled “Not all Arabs are descendants of the Prophet
Meanwhile, his wife Marina said they had yet to appoint a lawyer to handle the matter.
This is the second time Raja Petra, a father of five and part of the Selangor royal family, has been detained under ISA, which allows for indefinite detention without trial.
His first arrest under the tough security law was on Apr 11, 2001. RPK was detained as part of a crackdown against reformasi activists in which nine others were also held. At that time he was webmaster for the now de-funct FreeAnwar.com
Raja Petra was releasedafter 52 days in detention. However, six of the reformasi leaders were eventually sent to the Kamunting Detention Centre in Taiping where they were detained for two years.
According to Home Minister Syed Hamid Albar, the 58-year old father of five would be detained under Section 73(1) of the ISA, which allows for detention of up to 60 days.
“The police will do an assessment during this period and if they feel he should be held more than 60 days, the police will then refer to me,” Syed Hamid was quoted as saying by The Star.
The minister also confirmed that the Sin Chew Daily, The Sun and Suara Keadilan were issued show cause letters. “They have been given a week to reply,” he added.
Raja Petra’s wife Marina Lee Abdullah earlier told Malaysiakini that 10 police personnel from Bukit Aman came to their home in Sungai Buloh at about 1.10pm to arrest him.
When Malaysiakini contacted her at 1.25pm, the police personnel were still there. However, Raja Petra - popularly known by his initials RPK - was taken away to an unknown destination at 1.50pm. The police also confiscated some books and VCDs.
Marina showed the notice from the police which listed out all the items they have taken from the house (right).
Raja Petra is expected to be held under police’s custody for up to 60 days before being sent to the Kamunting Detention Centre in Taiping, Perak, where ISA detainees are incarcerated.
On Sept 6, Syed Hamid had warned that RPK, who edits the popular news portal Malaysia Today, could be charged under the ISA for comments allegedly insulting Islam and Prophet Muhammad.
The minister said several religious groups - Malaysian Islamic Development Department (Jakim), Yayasan Dakwah Islamiah Malaysia (Yadim), Federal Territory Islamic Religious Council (Maiwp) and Federal Territory Religious Department (Jawi) - had lodged police reports against him.
The groups had complained Raja Petra’s comment in an article entitled ‘I promise to be a good, non-hypocritical Muslim’ allegedly used sentences that insulted Muslims.
The government ordered the blocking of the Malaysia Today website two weeks ago, but the ban was lifted yesterday.
The ban together with Syed Hamid’s warning to invoke the ISA had sparked a public furore against government censorship of the Internet.
Opposition parties too accused Prime Minister Abdullah Ahmad Badawi’s administration of attempting to gag the press in a bid to salvage his party’s sinking popularity.
Second time under ISA
Raja Petra is also alleged to have allowed comments to appear on his website that degraded Islam and Prophet Muhammad in an article entitled “Not all Arabs are descendants of the Prophet”.
This is the second time that RPK, a member of the Selangor royal family, has been detained under ISA, which allows for indefinite detention without trial.
His first arrest under the tough security law was on April 10, 2001. RPK was detained as part of a crackdown against reformasi activists in which nine others were also held.
At that time, he was webmaster for the now defunct FreeAnwar.com site.
Raja Petra was subsequently releasedafter 53 days in detention. However, six of the reformasi leaders were eventually sent to the Kamunting Detention Centre in Taiping where they were detained for two years.
Charged earlier for sedition, defamation
The controversial blogger was earlier charged with sedition and defamation after linking Deputy Prime Minister Najib Razak and his wife to the sensational murder of a Mongolian woman.
In that case, a close friend of the deputy premier - Abdul Razak Baginda - was charged with abetting the murder of 28-year-old Altantuya Shaariibuu, whose body was blown up with explosives.
Two police officers from an elite force, whose duties included guarding the prime minister and Najib, were also charged with the killing.
The ISA, which human rights groups have pushed to have abolished, provides for renewable two-year periods of detention without trial and is normally used against suspected terrorists.
It has also been used to lock up opponents of the government, and last year five Hindraf leaders were detained three weeks after mounting a mammoth rally in the streets of Kuala Lumpur on Nov 25.
Note: the URLof Raja Petra's website is "www.malaysia-today.net". A site with a similar address, "www.malaysiatoday.com", is unrelated.
How do you think about this issue? What are your perspectives or what have you perceived?? Is this what we called democracy(partially, fully)? What do you think about ISA itself and the ones that are “using” it for the sake of “justice” and “societal harmony”? Time to ponder now.
