KOLUMNIS HANIFF KHATRI: Perihal Rakaman Operasi Polis & Hak Serta Tanggungjawab Masyarakat!!

KOLUMNIS HANIFF KHATRI: Perihal Rakaman Operasi Polis & Hak Serta Tanggungjawab Masyarakat!!

Wahai Rakyat Malaysia yang prihatin, Assalamualaikum dan Salam Sejahtera.

Dalam menjawab secara bertulis kepada persoalan di Dewan Rakyat, Menteri Dalam Negeri HAMZAH ZAINUDIN telah dilaporkan MALAY MAIL 01.08.2022 bertajuk “Home Ministry: Recording, streaming cops during raids, arrests in public places can be a crime for impeding public servants’ duties” menyatakan :

*“For your information, taking pictures or videos is not a criminal offence. However, it can be an offence when members of the public record videos or make live broadcasts using mobile phones when police officers raid or arrest the public while the police are on duty in a public place.

“Those who record can be prosecuted because it is considered to prevent public servants from carrying out their duties and can interfere with the investigation. It also contravenes the provision under Section 233 of the Communications and Multimedia Act 1998 which initiates transmission with the intention of disturbing others,” he said in the reply.

Hamzah replied that the police may request or seize and have the right to check the mobile phones of persons suspected and involved in any ongoing investigation and not members of the public at random.

In another matter, Hamzah also replied that the budget for the acquisition of body-worn cameras for use by members of the police has been approved by the government under Rolling Plan 1 of the 12th Malaysia Plan.”

(Link Laporan : https://www.malaymail.com/…/home-ministry…/20418 )

Pada petang semalam 03.08.2022, seorang rakan pemberita telah menghubungi saya untuk pandangan perundangan berkaitan kenyataan HAMZAH ZAINUDIN itu, yang mana telah dipetik dan dilaporkan THESUN DAILY 04.08.2022 bertajuk “Recording police raids, arrests can expose identities of undercover cops: Police” :

THESUN DAILY 04.08.2022 :

‘Recording police raids, arrests can expose identities of undercover cops: Police’

Haniff Khatri :

“Lawyer Mohamed Haniff Khatri Abdulla, who agreed with the Home Ministry’s move, said circulating a video without facts could impede police work and the investigation process.

However, he said if an individual recorded a video to safeguard his position during a police encounter, then it should not be considered an offence as long as the footage is not circulated.

“If one’s house is raided or if a person is stopped by the police and he records the encounter as a defence in court or an alibi, it is fine. But it should not be made public and circulated.

“As for taking videos of a police raid and circulating it, this can hamper police investigations. The people involved in committing crimes might destroy evidence at other locations after being pre-warned by such a video,” he said.

Haniff Khatri expressed confidence the public would not want to be a party to those out to destroy such evidence just because they are so gung-ho about recording everything they come across.

“In this sense, the Home Ministry is right,” he said, adding that those taking videos of police operations should seek the truth behind the situation before choosing to circulate it.

He said the public should adhere to police orders to stop any video-taking if ordered to do so, and that they could seek the advice of lawyers on the next course of action when they possess such videos.

He said the proposed body camera for police personnel should be enforced as it will record police conduct and that of the public.

“This way, allegations made against either party cannot be refuted as it will be in the video. The acquisition and use of such body cameras should be expedited,” he added.”




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