HOME Minister Hamzah Zainudin’s threat against the public for recording or live-streaming police during raids or arrests is unlawful and an abuse of power, a lawyers’ group said. 

Lawyers for Liberty director Zaid Malek said that Hamzah is either ignorant of the law or deliberately preventing scrutiny of any abuse of power or unlawful act by members of the police force. 

“It is astounding that the home minister can make such a crass statement in this era of transparency and accountability.

“This claim has no legal basis in our law. There is no legal provision that criminalises recording police officers whether by camera or video or livestream in the course of their duty,” he said in a statement today.

Zaid said that there is no such offence that they know of anywhere else in the democratic world.

“We urge the prime minister and cabinet to direct the home minister to publicly retract this unacceptable threat against the Malaysian public.

“This is in the interest of accountability and the maintenance of integrity and standards in the police force.”

Zaid was responding to the written reply given by Hamzah in the Dewan Rakyat, in which he claimed that the act of recording videos or live broadcast of police officers during raids or arrests in public places is an offence.

Hamzah said action could be taken against those filming an arrest or raid, under section 186 of the penal code for obstructing a public officer from carrying out their duties or disrupting investigations.

Zaid said that recording public servants in their enforcement actions is a positive act as it helps prevent wrongful acts or abuse of power. 

“To know that they are being watched is salutary for the integrity and performance of the public services, particularly the police force. 

“Recording or live-streaming also is not an obstruction of police officers doing their duty as defined in section 186 of the penal code. The minister appears to have paid no attention to the actual wording of section 186.”

He also questioned if Hamzah had sought the advice of the Attorney-General’s Chambers on whether there is any basis in law to criminalise recording of public servants in the course of their duty.

“Neither does section 233 of the Communications and Multimedia Act 1998 encompass the act of recording the actions of police officers or sharing it online. 

“In short, it is sheer nonsense for Hamzah to rely upon these two laws in support of his misguided claim. 

“The scope of criminal culpability cannot be extended at the whims and fancies of the home minister.”

He added that in recent years, acts of police misconduct or brutality have been the centre of discussion globally, largely because of body cameras as well as recordings of events from members of the public.

“This is the way it should be, as police officers should be put to the highest level of scrutiny to ensure that no misconduct or violence occurs in the execution of their duties.

“If the raids or arrests are conducted in accordance with law and procedure, no police officer should fear being recorded.”

Zaid said that such recordings may serve to exonerate the police should a false complaint or claim be brought against them. 

“Furthermore, the fact that the government has already approved the use of body cameras for the police emphasises the absurdity of Hamzah’s misguided statement.

“We remind the government that the police force are not above criticism. Police officers are public officers and as such are accountable to the public.” – August 2, 2022.