Group Says No Legal Basis To Ban Public Recording Of Police Raids Arrests

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Rights group Lawyers for Liberty (LFL) has shot down Home Minister Hamzah Zainudin's statement that the act of recording videos or live broadcasts of police officers during raids or arrests in public places is an offence.
LFL director Zaid Malek said Hamzah's response, in a written parliamentary reply to Kepong MP Lim Lip Eng, has no legal basis as there is no legal provision in Malaysia or abroad that criminalises recording police officers, whether by camera or video or livestream, in the course of their duty.
"In making this claim, the home minister is either ignorant of the law or deliberately preventing scrutiny of any abuse of power or unlawful act by members of the police force.
"It is astounding that the home minister can make such a crass statement in this era of transparency and accountability," Zaid added.
Further, Zaid countered Hamzah's statement that filming an arrest or raid was tantamount to an offence under Section 186 of the Penal Code for obstructing public officers from carrying out their duties, as well as Section 233 of the Communications and Multimedia Act for disturbing others.
LFL director Zaid Malek"In short, it is sheer nonsense for Hamzah to rely upon these two laws in support of his misguided claim.
"The scope of criminal culpability cannot be extended at the whims and fancies of the home minister," he stressed.
Zaid pointed out that police misconduct and brutality have, in recent years, become a topic of global discussion, facilitated by the use of body cameras and public recordings.
"If the raids or arrests are conducted in accordance with law and procedure, no police officer should fear being recorded.
"In fact, such recordings may serve to exonerate the police, should a false complaint or claim be brought against them," he said.
‘Repressive’
Meanwhile, PSM deputy chairperson S Arutchelvan said Hamzah's statement appeared repressive, with no specific reference made under Section 186 to any form of a recording being a punishable offence.
PSM deputy chairperson S Arutchelvan"Nowhere does it specifically state that recording video and pictures is an offence and therefore it is a subjective view of the home minister, which looks more like a scare tactic than a legal one.
"In the first place, obstruction needs to be defined properly," Arutchelvan added.
He also echoed Zaid's view that police personnel carrying out their duties professionally should have no reason to fear being recorded
"In today's world, cameras and social media are crucial weapons in creating a safe and transparent world.
"Those who abuse this should be charged accordingly," Arutchelvan said. - Mkini

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