Malaysiakini reports today that the Malaysian Communication and Multimedia Commission (MCMC) has requested them to remove two ‘provocative’ videos relating to the cow-head protest from its website.
The two videos : the ‘Temple demo: Residents march with cow’s head‘ and ‘Hisham: Don’t blame cow-head protesters‘.
The second video captures Kerismuddin’s press con where he rises in defence of the protesters.
According to the Malaysiakini report, the request from MCMC came in a letter dated 3rd September in which monitoring and enforcement division senior acting director Abdul Halim Ahmad explained that the “videos contain offensive contents with the intent to annoy any person, especially Indians. This is an offence under Section 211/233 of the Communication and Multimedia Act 1998”.
I can understand the request to remove the first video arising from a concern that it might cause racial agitation.
Why the second video?
To avoid ministerial embarrassment?
If so, too little, too late.
Back to the matter of the alleged offence under the CMA, 1998.
I am reproducing both sections 211 and 233 of the CMA, 1998 below, highlighting three all-important words that I think ought to be noted.
211. Prohibition on provision of offensive content.
(1) No content applications service provider, or other person using a content applications service, shall provide content which is indecent, obscene, false, menacing, or offensive in character with intent to annoy, abuse, threaten or harass any person.
(2) A person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both and shall also be liable to a further fine of one thousand ringgit for every day or part of a day during which the offence is continued after conviction.
233. Improper use of network facilities or network service, etc.
(1) A person who-
(a) by means of any network facilities or network service or applications service knowingly-
(ii) initiates the transmission of,
any comment, request, suggestion or other communication which is obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass another person; or
(b) initiates a communication using any applications service, whether continuously, repeatedly or otherwise, during which communication may or may not ensue, with or without disclosing his identity and with intent to annoy, abuse, threaten or harass any person at any number or electronic address,
commits an offence.
(2) A person who knowingly-
(a) by means of a network service or applications service provides any obscene communication for commercial purposes to any person; or
(b) permits a network service or applications service under the person’s control to be used for an activity described in paragraph (a),
commits an offence.
(3) A person who commits an offence under this section shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both and shall also be liable to a further fine of one thousand ringgit for every day during which the offence is continued after conviction.
With intent to.
Steven Gan of Malaysiakini was quick to latch on to these words.
In that Malaysiakini report, this is what Steven is reported to have said :
“Our intent in putting up the videos was not to ‘annoy’ anyone, but to do our job as journalists to draw attention to the protest and to ensure action is taken so that incidents like this will not happen again in Malaysia.”
Malaysiakini then reports that Steven, its editor-in-chief, said both the videos are news events which are of public interest and that there were no plans to take down the videos and that Malaysiakini would be seeking legal advice.
If you ever needed a reason to stop buying the NST, Star, Malay Mail and the other MSM crap and instead subscribing to Malaysiakini, MCMC has presented it to you today.
The People's Parliament 
nick chan abdullah
September 4, 2009
ustaz kata, masuk Islam, jangan masuk melayu
frags
September 4, 2009
Wah Haris you work fast. My thoughts exactly since reporting on something doesn’t mean having intent to do those things.
Plus the cow head Minister has also proved to have foot in mouth disease and is scrambling to salvage whatever scrap of image he has.
The instruction to pull these videos down only goes to solidify those conspiracy theorists take on the event. Maybe not so conspiracy theory any more huh.
mauryaII
September 4, 2009
That was super fast. You put speedy Gonzales to shame. Keep it up brother. We need such up to the minute news, not the type the MSM prostituting guys are capable of.
abetterpenang
September 4, 2009
Worst comes the worst we put it on u-tube for everyone to see, not just the subscribers of M-kini
Philip
September 5, 2009
Haris et. al.,
Why don’t you suggest to Malaysiakini to make those videos (and all others with the same potential to draw MCMC’s censorship) downloadable by the public?
Then Malaysiakini can comply with such directives (when push comes to shove) and somehow 😉 the videos will still be available to all and sundry.
Just my two sen’s worth.
clearwater
September 4, 2009
Stopped my subscription of Sunday Times. Already dropped Malay Mail. Now left with Star which is the wife’s paper, not the time to start a war with her. Thank you, Malaysiakini and friends, for reporting it as it is, otherwise we will be forever led by the nose, news wise, by msm. The msm spin is beyond belief, it’s akin to a teacher augmenting answers to an exam for a favored student after his answer script has been submitted and recorded. Shameless cheats and charlatans. Let us see how far MCMC dare to play the bully.
ceechoo
September 4, 2009
Kudos Malaysiakini. In solidarity, I am renewing my Malaysiakini subscription immediately. Let the truth always be told.
Hang Jebat
September 4, 2009
I’ve stopped reading the main stream newspaper since 2007..full of you know what.
This is kinda of shit quality thats comes out of UMNO University. If not for Najib he’ll never make it as a minister. what crap is he talking and now claiming that the bloggers twisting his stand…dai mangkuk you were sittinglah and not standing……if not for Bulan Ramadan..I’ll swear this ningampoof to hell…seesh did i swear…..
Meng
September 4, 2009
The harm has been done..remove it serves no purpose.
See how the COW behaves.?? name gone down into the sewage and he stinks.
mh
September 4, 2009
Meanwhile the Buddhists, who hold the cow with great regard and themselves refrain from the consumption of beef, are as pragmatic, detached and peaceful as is their way of life. Hi sham u ddin must go!
James Jan
September 4, 2009
that’s IT!!
malaysiakini forever!!
MSM can go eff themselves.
shar101
September 4, 2009
By stating this “videos contain offensive contents with the intent to annoy any person, especially Indians. This is an offence under Section 211/233 of the Communication and Multimedia Act 1998″, is the MCMC also acknowledging that the person or persons in said videos were guilty of committing an offense?
If so, Mkini should instead be commended by the authorities for providing irrefutable evidence whereby punitive actions can be taken in a court of law.
It’s not as if Mkini had any hand in making the offenders do what they did.
But what I see further is an insidious attempt to muzzle factual reporting and an effort to remove evidence of wrongdoing (which is vital for a court of law to consider).
Kudos to Steven Gan for standing his ground.
AM
September 4, 2009
On account of Steven’s stand, I am going to subscribe to Malaysiakini as a show of support.
Soul of Malaysia
September 4, 2009
The cow head protest is not at all a religious affair, it is a well planned, calculated incident to embaress the Selangor government. It is a merely a political manuvare to destablise the state government. Well planned but wrongly executed.
eng
September 4, 2009
donno what this MCMC is on about?
Hisham the home minister has said that these protesters has not bad intent to incite hatred …
but why MCMC issue such a contradicting notice?
the big boss wants to call a black cat white,
but MCMC wants all black cats removed ….
ahyo.. which cats la??
sing
September 4, 2009
An Obituary printed in the London Times…….. Interesting and sadly true.
Today we mourn the passing of a beloved old friend, Common Sense, who
has been with us for many years. No one knows for sure how old he was,
since his birth records were long ago lost in bureaucratic red tape. He
will be remembered as having cultivated such valuable lessons as:
Knowing when to come in out of the rain; why the early bird gets the
worm; Life isn’t always fair; and maybe it was my fault.
Common Sense lived by simple, sound financial policies (don’t spend
more than you can earn) and reliable strategies (adults, not children,
are in charge).
His health began to deteriorate rapidly when well-intentioned but
overbearing regulations were set in place. Reports of a 6-year-old boy
charged with sexual harassment for kissing a classmate; teens suspended
from school for using mouthwash after lunch; and a teacher fired for
reprimanding an unruly student, only worsened his condition.
Common Sense lost ground when parents attacked teachers for doing the
job that they themselves had failed to do in disciplining their unruly
children.
It declined even further when schools were required to get parental
consent to administer sun lotion or an Aspirin to a student; but could
not inform parents when a student became pregnant and wanted to have an
abortion.
Common Sense lost the will to live as the churches became businesses;
and criminals received better treatment than their victims.
Common Sense took a beating when you couldn’t defend yourself from a
burglar in your own home and the burglar could sue you for assault.
Common Sense finally gave up the will to live, after a woman failed to
realize that a steaming cup of coffee was hot. She spilled a little in
her lap, and was promptly awarded a huge settlement.
Common Sense was preceded in death, by his parents, Truth and Trust, by
his wife, Discretion, by his daughter, Responsibility, and by his son, Reason.
He is survived by his 4 stepbrothers;
I Know My Rights
I Want It Now
Someone Else Is To Blame
I’m A Victim
Not many attended his funeral because so few realized he was gone.
sing
September 4, 2009
Hishammuddin is a SHAM..
And a SHAM full of MUD and CESS in his little din.
That’s why he is a HIS SHAM MUD DIN!
And most umnoputra is of the same tribe!
lakshmi
September 4, 2009
I stopped buying main strean newspapers a long time ago, from the time the UMNO goons published KuLi’s picture with the head dress of the natives of Sabah or Sarawak during the time of Semangat 46. Wow!!! that was a long time ago and I have not regretted my action. BN scums with such open shit in the head mentality. And I am so glad I do not have to see fat mamma’s pictures too. Was told she appears on a very regular basis. If I had to see it, I will not be able to work that day. Such depression would have set in.
As mamma kutty said, follow the leader. Stop reading all BN newpapers. Suscribe to Malaysiakini.
siew eng
September 4, 2009
there’s a complaints section in the mcmc website.
https://aduan.skmm.gov.my/eaduan_c/edaftar.cfm?noeaduan=TRUE&CFID=40428&CFTOKEN=60831526
do drop a note to say what you think of mcmc’s ‘order’.
and under “Have you referred the complaint to any of the following parties”, write in “others” – “all my friends on facebook, blogs, e-lists, ngos, etc.”
make it go viral.
Melvin
September 4, 2009
Ah, bro..there’s the BN’s weakness, which is if the news like Kartika happens to be broadcast at CNN (E.g) they would get embarassed already. I guess that’s their Achilles heel.
I find that although this is something I don’t feel comfortable, broadcasting this to international media like CNN will have to do as to make Malaysia wake up to the reality, not in dreamland anymore.
lee
September 4, 2009
Why want to remove the videos? Hisap-my-dick and K Toyol supported and approved of the cow-head issue. Let the whole world see for themselves our leaders attitude and laugh… ha… ha…
By the way, what has the PM, DPM, MCA, MIC, Gerakan, PPP etc got to say? They dare not even comment on the incidence, does that means they also support the issue?
vijay stephen
September 5, 2009
You are very right, in asking what does mca, mic, ppp and grekan has to say. The answer is nothing of cause,
because these component parties are the true culprits,
who sold Malaysia and Malaysians for profits.
You see these these parties have to go if we are to
have truely Malaysian Malaysia.
Saw Huat Leong
September 5, 2009
Confucius said, “a picture is worth a thousand words”. I guess, a video capture must be at least worth a million words.
As far as I am concerned, the 2 videos showed what ACTUALLY transpired. If it was content which is indecent, obscene, false, menacing, or offensive in character with intent to annoy, abuse, threaten or harass any person, no one should be blamed except the actors in those video capture.
A fact remains a fact. One should have considered the consequences that will come with such actions and speech before acting on it; more so, our dear Home Minister.
Withdrawing the 2 videos is not going to change the opinions of those who have seen it. It will only make those who have not seen it yet turn to other sources for information. As we know, the process of communication can actually distort and make things worse.
To err is human. Just say you are sorry for the mistakes that you have made and seek forgiveness and NEVER do so again. Afterall, to forgive is divine.
rocky
September 5, 2009
if they can stop all the offensive articles by Utusan, that will be great. Kerismuddin needs a youtube clip to show his stupidity and this is the one.
Philip
September 5, 2009
the only thing offensive in those videos is Kerisamuddin’s act of exonerating the cow-head demonstrators.
Shakuntala
September 5, 2009
MALAYSIAKINI, congratulations for ten successful years of honest and independant journalism.
Special and proud mention for Stephen Gan…for defending the principles of Journalism so gallantly. Malaysians are proud of you!
You and all the hearty news hounds at Malaysiakini, make it possible for people to know the truth and nothing but the truth! Bravo.
No way can MSM …. overtake your breaking news scoops.
By the way,your commemorative T-shirt is very attractive.
Haris, you’ve said it …reasons enough to buy a Malaysiakini subscription?
I hear you get a free T-shirt!with every subscription
Paul Warren
September 5, 2009
This is why we need a new set of laws to protect our National leaders. With the natural propensity to make buffoons of themselves, both in action as well as in deeds, it should be made an offence to capture for posterity images or recordings, whether written, electronically or digitally recorded in audio or video format of these actions or words or deeds, to save our National leaders from ridicule and embarrassment. What with ministers, past and present who suggest that Malaysians have erections once every five years and ramble through interviews when confronted with phalic like objects thrust towards their open mouths, or have the propensity to say something idiotic, like this Hishamuddin, who probably gets a mouthful before he can get home from his cousin, and then rather than defend his earlier statement, now reverses his position.
I think the MCMC should add to its laws new clauses that prohibit the exhibition of recordings that might incriminate or show off that the political leaders of the ruling party, UMNO and its collaborators in the other BN parties, for the fools and idiots that they really are. It certainly reflects a false impression of the kind of leadership Malaysia possesses. What they really are is corrupt, lying and cheating people who cannot have accumulated the kind of wealth they would find difficult to explain, especially in the knowledge that they are buffoons at the same time!! there is a contradiction there and it would be false writing when one views these videos!!
Medonno
September 5, 2009
help .. Please help.. Malaysia is getting worse than Indonesia .. Indonesia moved forward but Malaysia is going backwards.. Help.. Help me.. I just can’t stand with all this.. With what is going on to my country.. Why? Why are you politicians screwing up this beautiful country.. Why are politicians very cruel.. So heartless.. They can lie right in front of our face.. They can change their statement in a second.. They can deny.. Like nothing happen.. Like they never said anything wrong.. Please.. Oh please.. Help me.. I can’t stand all this.. It makes me feel so hurt.. Hurt that my country is ruining.. Put a stop to all this.. Please politicians.. Go get a different hobby.. If you can’t contribute to the development of the country at least please don’t try to block it with all your irresponsible acts… Bring back the shine that my country has.. I’m proud of being malaysian.. Don’t take that away from me.. And to all the bloggers and activist out there… I want to thank all of you.. For having the care and concern for this lovely country.. For helping to put fear to all the politicians out there who are afraid because you people really show that you care and willing to fight with all these injustice that is going on.. Well done.. The fear they have is preventing most of this culprit from further destroying this country.. They know that you guys are watching.. They know that there is check and balance.. They know they can’t play anymore .. That’s the reason why a very arragont man who comes out with very disturbing statement wishes to blocked the video that shows his true colour and he knows this will bring more hatred towards him than before… First incident thought him a lesson but he never learn .. And now it’s like ‘ oops I did it again’ but I’m sure with you guys keeping an close eye on him , it will definitely help to ensure that he doesn’t screw up again… For now I’m stil hurt with what that is going on in my country.. Help !!!
sosong
September 5, 2009
May hv been download by others, remove also no use,
case of going after whistler blower!
Does MCMC imply cow head fella WRONG??, if no WRONG. why need to remove??
Samuel Goh Kim Eng
September 5, 2009
WHERE TO BURY ONE’S HEAD NOW?
It used to be the ostrich’s head in the sand
Now we have the poor cow’s head to lend a hand
Yet we’re not allowed to see or hear the noisy bands
Just because we’re not regarded to be in the same gang
(C) Samuel Goh Kim Eng – 050909
http://MotivationInMotion.blogspot.com
Sat. 5th Sept. 2009.
draken
September 5, 2009
Copies of the video could have been made by others living in foreign lands. It’s probably too late to disconnect the video. A lesson to be learned here: Don’t shoot from the hip, Look before you leap, Don’t take people for granted, Fools step in where angels fear to tread.
sarawakian
September 5, 2009
If the video is consider offensive, then the offender must be brought to justice and not the reporter such as malaysiakini. There is never a need to hide true news.
TAK MALU
September 5, 2009
SO THIS IS ONE MALAYSIA.UNDER NAJIB REGIME.THE LAW,JUDIACIARY,MACC,PDRM AND ETC IS UNDER UMNO(UNITED MALAY NONOK ORGANISATION)BN(BARISAN NAJIS) CONTROL.NOTED NOT INDEPENDANT.AND THE LATEST STUPID MINISTER HISAPMUDIN BRAVO FOR SUPPORTING THE UMNO COW HEAD DEMONSTRATION. AND ALSO NOTED WHO SWEAR BY USING THE KERIS TO BATH WITH THE CHINESE BLOOD.-DAMN IT!!! WE HAVE SUCH A MINISTER TO RUN MALAYSIAN GOVERMENT.IF HE CAN SUPPORT THE COW HEAD CAN HE SUPPORT THE PIGS HEAD.HE SHOULD SHAMEFULLY RESIGN AS A MINISTERORIST ELSE GE 13th ONE MALAYSIA WILL SACK YOU.MALAYSIA BOLEH TWO LAWS IN MALAYSIA.
shankar
September 5, 2009
I have already posted it to facebook. Now if I can get a good translation in English of all the ranting, This will entertain my English only speaking friends.
bennyloh
September 6, 2009
THE GREAT DEFENDER
sash
September 6, 2009
Please watch this video, concentrate on 5.30 to 6.00 mins when the Indian guy stands up to speak. Watch what the long haired guy with boobs does.
HOW NOT TO GET ANGRY???????
http://www.malaysiakini.tv/video/17727/commotion-at-temple-relocation-dialogue.html
leekh
September 7, 2009
It is clear that he did not get to where he is because he was he but because he was his father’s son! If his children were honest they should quickly send a email to daddy saying, “papa please stop talking. All our friends are laughing behind our backs!”
ttc
September 7, 2009
8) Wooohhhoooooooooooo! & YEEHAR!
All here have consensually aye ayed that brave Chief Editor Steven Gan has given a well-deserved gumptioned bootfull to the iffy MCMC’s recyclable garbage sections and to its 😀 nether regions, and has rightfully earned completely foc of any subscription either in cash or in bik, five five-starred cheers from the honourary awards panel here.
So come on everybody, please all say this as loudly as you can say it:
😛 HIP HIP HOORAY! & 5***** cheers to Malaysiakini’s brave chief, Editor Steven Gan! X5
WE SAY YEAH! & NO TO ISA! 😛 AND HARIS FOR AG & RPK FOR IGP! GO FOR DSAI FOR PM & LKS FOR DPM & KIND WAN AZIZAH FOR HOME MINISTER.
2009 Resolution: Seek out all garbage and recycle or dispose post haste for a healthier life and planet!
ADDENDUM: Protect coral reefs and save all the good fishies in the seas.
sang kancil
September 8, 2009
Can you imagine the deputy minister, son of MM agreed with the bafoon of lawless home minister? Whilst Ineza is able to show courage with her simple but magninous act of an Anak Bangsa Malaysia. As the saying goes, you cannot chose your family.