Baseless allegations in a TikTok video can amount to contempts of the Dewan Rakyat — Hafiz Hassan

DEC 6 — In any modern legislature, like the Dewan Rakyat, the power to commit or punish for contempt is of importance.

Erskine May, often referred to as “the bible of parliamentary procedure”, explains contempt as follows:

“Generally speaking, any act or omission which obstructs or impedes either House of Parliament in the performance of its functions, or which obstructs or impedes any Member or officer of such House in the discharge of their duty, or which has a tendency, directly or indirectly, to produce such results, may be treated as a contempt even though there is no precedent of the offence.

“It is therefore impossible to list every act which might be considered to amount to a contempt.” Indeed, there is no formal legal definition of contempt. Ultimately, the House is the judge of whether a set of circumstances constitutes contempt.

In New Zealand, its House of Commons in 1996 sought to define more clearly the types of conduct that it might decide constituted contempt. The House adopted a general definition of contempt together with a long list of examples of the types of conduct that might fall within the general definition.

It was however emphasised that the examples were illustrative rather than exhaustive, and that new situations might arise that the House might wish to treat as contempts.

In any case, the House decides case by case whether a particular act or omission amounts to a contempt.

A few misconducts which in the past have been punished by the New Zealand House of Commons for contempt can be seen below.

Speeches or writings that reflect on the character or proceedings of the House may be treated as contempts.

The House had also held as a contempt an article or publication criticising a practice of the House. The criticisms per se were not sufficient to establish a contempt, but incorrect statements in the article falsely represented the proceedings of the House, which were held to reflect adversely upon it.

Similarly, baseless allegations against members that were found to have lessened the esteem in which members in general were held, were held to be contempts.

Accordingly, baseless allegations in a Tik Tok video can amount to contempts of the Dewan Rakyat.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.