Malaysians Can Start Bidding For The ‘ANU’ Series Number Plate This 19 December

on
0

Communications And Multimedia Bill Amendments May Protect Satirical & Parody Works

on

Subscribe to our FREE Newsletter, or Telegram and WhatsApp channels for the latest stories and updates.

The Communications and Multimedia (Amendment) Bill 2024 which was recently presented in Parliament could protect satirical and parody works in arts and literature according to Bangi MP Syahredzan Johan.

The relevance of this new law is related to an old case involving controversial Malaysian street artist Fahmi Reza, known for his satirical artworks that “punch up.” It’s no surprise that those in authority didn’t appreciate it much.

In 2016, Fahmi was charged at the Ipoh Sessions Court under Section 233(1)(a) of the Communications and Multimedia Act 1998 (Act 588) for sending false communications with the intention to offend others.

For those who don’t remember, Fahmi made a parody post seemingly issued by the Malaysian Communication and Multimedia Commission (SKMM). It was made to criticise SKMM and the authorities back then. P.S: The keyword is “clown.”

SKMM claimed Fahmi spread false information because they didn’t issue that notice.

Syahredzan, representing Fahmi in court, argued that the post was a parody and could not be considered a false transmission or an offence under Section 233.

However, the judge found that there was a prima facie case and stated that there’s no provision under Act 588 that provides parody as a defence. In other words, a parody or satirical work is considered a criminal offence if it meets the elements of Section 233.

This ruling resulted in Fahmi facing imprisonment for a month and a fine of RM30,000. If he fails to pay the fine, he risks a 6-month jail term.

After appealing the High Court, the prison sentence was set aside and the fine was reduced to RM10,000. The Court of Appeal upheld the sentence given by the High Court.

How does the amendment help protect satirical and parody works?

Syahredzan referred to Clause 91 of the Communications and Multimedia (Amendment) Bill 2024 which proposed amendments to Section 233, which includes Descriptions explaining elements such as obscenity, false, threatening, or disgusting in nature.

Under the Descriptions, satirical or parody content or content that is clearly fictional is not false. Syahredzan explained that if this bill is passed, satirical and parody works like the ones made by Fahmi eight years ago will not be considered an offence under Section 233.

Syahredzan added that there are more suggested changes in the Bill amendments but he wouldn’t touch on those in the same post for the time being.

Syahredzan added that the Bill showed that the government recognizes that both satirical and parody works are legitimate forms of criticism or commentary and are not crimes that need to be punished.

He reiterated that if the Bill is passed, satirical and parody works in the arts and literature scene will be more protected, “as it should be.”

Share your thoughts with us via TRP’s Facebook, Twitter, Instagram, or Threads.



Communications And Multimedia Bill Amendments May Protect Satirical & Parody Works
Entertainment Flash Report

Comments

Post a Comment