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Saturday, 26 March 2011

Lawyers: Possession and screening of the video a criminal act

The Star
by ISABELLE LAI

PETALING JAYA: Datuk T's action in showing media representatives video footage of several sex acts, allegedly featuring a top politician, is an offence under the Film Censorship Act 2002, said criminal lawyers.

Under Section 5 of the Act, no person shall have in his possession, control or ownership of any film material which is obscene or against public decency.

It also states that no person shall circulate, exhibit or distribute these film materials, and anyone guilty of it can be jailed not more than five years or fined between RM10,000 and RM15,000, or both.

Criminal lawyer Datuk K. Kumaraendran said Datuk T (revealed to be Tan Sri Rahim Tamby Chik, Datuk Shazryl Eskay Abdullah and Datuk Shuaib Lazim) had breached the law by being in possession of the sex video.

“It is also an offence to exhibit such a video,” he said, adding that police could investigate the trio under this section of the Act.

However, he said police would first have to determine if the sex video was indeed obscene.

Kumaraendran added that the trio could be charged under Section 499 of the Penal Code for criminal defamation if it was proven that the man in the video was not Opposition Leader Datuk Seri Anwar Ibrahim.

Another criminal lawyer, Amarjit Singh Sidhu, said they could also be investigated under Section 292 of the Penal Code, which is similar to Section 5 of the Film Censorship Act.

However, the penalty under Section 292 is lighter with imprisonment of up to three years, or a fine, or both.

“They can also be investigated under Section 503 of the Penal Code which deals with criminal intimidation,” he said.

Criminal lawyer Sreekant Pillai stressed that police should be allowed to carry out their investigations without political pressure.

“All parties should be investigated fairly. Politicians shouldn't point fingers and interfere,” he said.

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