KUALA LUMPUR: Communications and Multimedia Minister Gobind Singh Deo said yesterday he will meet Attorney-General Tommy Thomas to seek his view on the conviction of graphic designer Mohd Fahmi Reza Mohd Zarin for publishing a satirical caricature of former prime minister Datuk Seri Najib Tun Razak.
He said this was in light of the plan by the government to amend the Communications and Multimedia Act 1998, and that there is a moratorium because of this.
“There is a view that a moratorium only applies to cases which are pending or where people are going to be charged, not cases where there’s a conviction. I will meet the AG and discuss it with him,” he told reporters at the Parliament lobby.
It was reported on Nov 12 that the Ipoh High Court upheld Mohd Fahmi Reza’s conviction under the CMA for publishing a clown caricature of Najib on Facebook two years ago.
It was reported that judicial commissioner Datuk Mohd Radzi Harun, however, commuted Mohd Fahmi Reza’s sentence and reduced his fine from RM30,000 to RM10,000.
Gobind Singh also said that the ministry has consulted the Bar Council, the police and the Human Rights Commission of Malaysia (Suhakam) in its efforts to amend or repeal Sections 233 and 211 of the CMA.
“The amendments we propose are supposed to be tabled in this Dewan Rakyat session but we have since consulted the Bar Council and Suhakam and I think, at the end of the day, they have views that have been put back to us. We are trying to get it done as soon as possible, if not at this session, then we are looking at March next year.
“We are looking to amend Sections 233 and 211 of the CMA. There is another view, that we should repeal 233 altogether and amend 211. There is a need for legislation but one of the views that have been forwarded is, of course, that the legislation should be streamlined with the Penal Code,” he said.
Gobind Singh said there are already provisions in the Penal Code that deal with the same matter in Section 233.
“The question is whose jurisdiction it should fall under. The CMA is under the Malaysian Communications and Multimedia Commission (MCMC) while the Penal Code is under the police.
There are two different investigative authorities.
“There is a suggestion that all of it should be put under the Penal Code and, of course, they are to be investigated by the police. Basically, it means it comes under one agency and authority. I think there is a merit in the suggestion and that is what we are reviewing now. We are talking to the police first to see whether or not that is something suitable and agreeable to them,” he said. — Bernama