PENANG-based lawyer Shamsher Singh Thind could possibly be the first social media influencer to legally challenge the Malaysian Communications & Multimedia Commission (MCMC) if the latter had indeed acted on the instruction of the Communications Ministry to request Facebook to block his post uploaded on May 26.
This is because the social media platform claimed that access to his post which highlighted how DAP has diverted from its 2018 election manifesto to make open tenders a norm with the recent award of a transit system project to the spouse of Youth and Sports Minister Hannah Yeoh had been restricted following a “legal request from MCMC”.
In a demand notice dated June 4 addressed to MCMC’s chairman Tan Sri Mohamad Salim Fateh Din, Shamsher who is also an interim council member of the United Rights of Malaysian Party (Urimai) wanted the multimedia watchdog to confirm the following:
- Whether or not MCMC has made any legal request to Facebook in relation to the said post in Malaysia;
- If yes, what is MCMC’s reason or excuse to justify the making of such legal request; and
- Whether or not MCMC was instructed or requested by the Communications Ministry to make such legal request.
“Our client believes that the action taken by Facebook had breached the freedom of speech guaranteed by the Article 10(1)(a) of the Federal Constitution,” read the demand notice by Shamsher’s legal counsel Gunamalar Joorindanjn of Messrs Gunamalar Law Chambers. Senior counsel Srimurugan Alagan will be acting as Shamsher’s lead counsel.
“Moreover, Section 3(3) of the Communications and Multimedia Act 1998 has clearly allocated that ‘nothing in this Act shall be construed as permitting the censorship of the Internet’.”
Interestingly, Shamsher has given 48 hours (already lapsed) to MCMC to response to his queries failing which he would “assume that MCMC has made the legal request without any valid reasons/excuses” and that he is free to take any legal action deemed fit against the commission.
However, Shamsher told FocusM that his side has agreed to the request by MCMC to provide its feedback on or by June 10 (Monday). – June 7, 2024
