SHARING a video or taking photographs of police officers carrying out their duties can be deemed an offence under the Penal Code, said Huzir Mohamed.

The federal police Criminal Investigation Department (CID) chief said Section 186 of the Penal Code provides for action to be taken against those obstructing a public servant in discharging his or her public functions.

He said all police investigations are confidential and, therefore, cannot risk exposure to the public, especially on social media.

“The police would like to stress that taking a photo or recording a video is not an offence. However, for the sake of the investigation, if the photo or video is shared, spread, or goes viral on social media or in any (other) way, it could obstruct an investigation.

“And, it goes against provisions under Section 233 of the Communications and Multimedia Act 1998,” said Huzir in a statement today.

Huzir said this in light of the arrest of former Universiti Malaya Association of New Youth (Umany) president Wong Yan Ke, who was detained last week for recording a police raid.

“The arrest was made following an offence under Section 186 of the Penal Code relating to obstructing a public servant from carrying out his duties,” Huzir added.

Wong was arrested last Saturday after police turned up to search the house of Umany president Yap Wen Qing in Petaling Jaya.

Wong was accused of obstructing the police by recording the raid at Yap’s home and streaming the video live on Facebook.

He was later released on police bail after spending a night in police custody.

Meanwhile, Yap, who was not arrested but called in for questioning, had allegedly uploaded an offensive statement on Facebook regarding the Yang di-Pertuan Agong.

Yap had said in a statement that under Article 40 of the federal constitution, the king must act in accordance with the cabinet’s advice, except on three matters: the appointment of the prime minister; in refusing a request to dissolve the Parliament; and, in convening a meeting among the Malay rulers.

The statement followed the king’s rejection of Prime Minister Muhyiddin Yassin’s proposal for a proclamation of emergency and the Agong’s advice to all parliamentarians to support the government’s Budget 2021 Bill tabled last Friday. – November 10, 2020.