KUALA LUMPUR, Feb 26 — Bandar Kuching MP Dr Kelvin Yii today called for the investigation of the two schoolboys for a viral video allegedly insulting the SPM history paper to be dropped.
The DAP Socialist Youth (Dapsy) chief said the duo should instead be educated rather than punished, and also called for a review of Section 233 of the Communications and Multimedia Act (CMA) 1998.
“Whether we agree with the content of the TikTok videos, these students need to be educated, guided and empowered rather than to be treated as the criminal and be investigated under archaic and possibly oppressive laws,” he said in a statement.
He said that Section 233(1)(a) of the CMA, which the boys are being investigated under, covers a broad scope and uses terms that are subjective in interpretation.
“Section 233(1)(a) of the CMA is a serious encroachment on the freedom of speech and expression guaranteed by Article 10(1)(a) of our Federal Constitution,” he said.
Article 10(1)(a) of the Federal Constitution states that every citizen has the right to freedom of speech and expression.
Yesterday, two 18-year-olds were reportedly arrested for a video they had made which went viral in which they reportedly expressed their dissatisfaction with the history paper in the SPM examination and insulted Singapore.
The case is being investigated under Section 14 of the Minor Offences Act 1995 and Section 233 of the CMA.
Section 14 of the Minor Offences Act 1995 says that any insulting behaviour, which includes the use of insulting words, intended or likely to breach the peace is liable to a fine of not more than RM100.
S233 of the CMA criminalises the use of network facilities or network services by a person to transmit communication deemed offensive.
Those found guilty of this offence can be punished with a maximum fine of RM50,000, or a jail term of up to one year, or both.