ERA FM --- some employees may have committed an offence under Section 298 Penal Code, and so it is important that they be charged and punished according to law in Malaysia, a multi-religious nation state. In Malaysia, no one is supposed to insult or make fun of the religious practice or belief of people of another religion or belief, and there must be no perception that people of a certain faith receives any preferential treatment.
Section 298 Penal Code - Uttering words, etc., with deliberate intent to wound the religious feelings of any person
Whoever, with deliberate intention of wounding the religious feelings of any person, utters any word or makes any sound in the hearing of that person, or makes any gesture in the sight of that person, or places any object in the sight of that person, shall be punished with imprisonment for a term which may extend to one year or with fine or with both.
If the said criminal action was done in the presence of others(irrespective of whether they are of faith/religion that was 'wounded'), it is a CRIME. But, in this case, it also went public through a video of the said crime. Thus, those who produced and circulated the video also committed a crime - section 298 offence?
YES, they apologized - and that video was also circulated. That apology itself is an admission of the crime. The apology, which may also lead to a guilty plea when charged in court, will only be a MITIGATING factor in relation to the sentence. Generally, a guilty plea would lead to a deduction of sentence by one third - so if convicted, now the maximum sentence they may be liable to will be 8 months in prison, and fine.
Who committed the BIGGER crime - I would say that it is those who circulated the CRIME - was it a JOKE?
Should ERA FM be liable - No, if it was just the action of individuals, not sanctioned or approved by the employer. However, if the said employees did it for and on behalf of ERA FM, then ERA FM will also bear criminal liability.
Now, the fact that some(or all) of the said alleged criminals are public announcers of the station - hence, known celebrities with a following, this is an AGGRAVATING factor that warrants a higher sentence. They should have known better as what they say and do can influence many others.
If some Hindu Minister, or even the Hindu Sangam(an organisation representing some(not all) members of the Hindu faith accepts the apology - it does not mean ALL persons of Hindu faith does, and others not of Hindu Faith who believe and follow this practice does. in Malaysia, this CRIME is something unforgivable by ALL(or most Malaysians) irrespective of their own religion. Even most MUSLIMS do not accept such behaviour of fellow Muslims in Malaysia.
It is akin to PM Anwar Ibrahim(who thinks he is the 'father of Malaysia'), accepts Najib's apology will not absolve Najib of the crimes committed. Najib should still be convicted and sentenced for his crimes in accordance to law.
The pre-mature suspension of ERA FM is wrong - any 'punishment' should come after trial and conviction. Likewise, the State actions against GISBH is wrong - as GISBH remains innocent until proven guilty after a FAIR TRIAL in Court.
RELIGION is a very sensitive matter, and it can cause very strong emotional reaction amongst adherents...and that is why such crimes must not be tolerated by State. Section 298 needs to be amended to provide for a MUCH HIGHER and deterrent sentence, giving Judges a wider scope to fix an appropriate sentence.
Should additional sentences be provided for such offences - maybe a sentence that the criminals present themselves in public to make a PUBLIC APOLOGY to everyone in every large or medium sized town?
Should COMMUNITY SERVICE be included in the sentences?
Charge them under Section 298 - but I disagree the usage of the draconian Section 233, which ought to be repealed and never be used.
Section 233 Communications and Multimedia Act 1998
(1) A person who-
(a) by means of any network facilities or network service or applications service knowingly-
(i) makes, creates or solicits; and
(ii) initiates the transmission of,
any comment, request, suggestion or other communication which is obscene, indecent, false, menacing or grossly offensive in character with intent to annoy, abuse, threaten, harass or commit an offence involving fraud or dishonesty against, any 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.
It is sad that our Prime Minister has PERSONALLY yet to voice his thoughts on this ERA FM issue - does he think this is a small issue? Does he want to avoid being seen as speaking out against Muslims who did wrong against some minor non-Muslim Religion? WHY IS ANWAR SILENT? All we have heard to date is what Anwar's senior press secretary Tunku Nashrul Abaidah 'allegedly' said on his behalf in a Facebook Broadcast? Anwar should personally speak up for us to know his stance to avoid possibility of Anwar later saying that the press secretary did not act as per his instructions?
Prime Minister Anwar Ibrahim has warned that a video seemingly mocking the Thaipusam kavadi ritual could threaten unity. In a broadcast on Facebook this evening, his senior press secretary Tunku Nashrul Abaidah said the prime minister reminded the public not to touch on 3R (race, religion and royalty) issues as they could affect national harmony.... Anwar, is this TRUE or not?
Prime Minister Datuk Seri Anwar Ibrahim has warned the people against inciting racial sentiments and sowing seeds of hatred amongst each other following recents cases involving mockery of religion.Speaking during the Prime Minister’s Office (PMO) daily briefing, the Prime Minister’s senior press secretary Tunku Nashrul Abaidah said Anwar is aware that there a...'Anwar, is this TRUE or not?
A lot of reports about what PM Anwar said - but then we realize that this was not based on what Anwar personally said - but on statements of some secretary or others saying Anwar said this or that - Later Anwar can say that he never said that - those were just words of others...and it was FALSE. Najib has been trying to deny knowledge, responsibility for things that even happened in his bank accounts - so, BEST is Anwar speaks up PERSONALLY, and not through alleged 'agents' - has Anwar even said that whatever Tunku Nashrul said is TRUE - it was a communication of his own personal views?
Did the information Minister, a member of his Cabinet and the 'official' government spokesperson say anything yet?
In a separate statement, Fahmi said he had ordered the Malaysian Communication and Multimedia Commission (MCMC) to conduct a thorough probe, including calling Astro and Era FM's management for an explanation."This is to ensure action can be taken based on existing laws," he added.
Comment:- If a crime is committed, then perpetrators must be charged and tried in court. The one who should be investigating and prosecuting should be law enforcement and the prosecution. So WHY is the Minister asking Astro and Era FM for an explanation - but not the crime perpetrators? This is clear violation of section 298 Penal Code...don't the Minister know this.
Responding to the clip, National Unity Minister Aaron Ago Dagang said in a statement that the actions depicted in the video contradict the principles of the Rukun Negara.
He also called on MCMC to take the necessary action as afforded under Section 233 of the Communications and Multimedia Act 1998 on the improper use of network facilities.
Expressing similar sentiments, Digital Minister Gobind Singh Deo emphasised that any form of mockery or disrespect towards the kavadi ritual, or any religious practice, is unacceptable.
"Astro must conduct a thorough investigation into this matter and immediately take appropriate action against those responsible," he added in a statement.
COMMENT - Why is Minister Aaron asking only MCMC to take action? Police can already take action as it is already a Penal Code offence... Nabil Ahmad, Azad Jasmin, and Radin Amir Affendy(and others in the group) already committed the section 298 Penal Code offence.
Did they ALSO make, create or solicit or initiate transmission of the video clip over the internet? - If they or some other who did, then it is a TOTALLY different offence but still Section 298 Penal Code.
Section 233 is simply TOO VAGUE and it can be abused by government - it must be repealed, and clear provisions maybe enacted to deal specific offences like the making and transmitting video or words which belittles or mocks the religious beliefs or practices of persons of another religion/faith/belief...
Now,section 233 makes it an offence of any 'comment, request, suggestion or other communication which is obscene, indecent, false, menacing or grossly offensive in character' with the INTENTION to ' annoy, abuse, threaten, harass or commit an offence involving fraud or dishonesty against, any person'. Thus, it makes any comment that is 'grossly offensive'(to whom?) that annoys/threatens/harass an offence. So, a comment criticizing PM Anwar, which is grossly offensive to the PM, which he sees as an annoyance/threat/harassment can be an offence - and this is not right, don't you think.
It is one of the most abuseable provision in law that can be used by State to harass people. One may not be charged and tried, but one may be forced to face investigations, arrest and remand detentions as and when the State so pleases. Look at how many times the government has used Section 233 - and the variety of cases?
Has the ERA FM employees, or the persons who made/uploaded and circulated the videos been 'victimized' by this draconian law yet...The purpose it is often used intentionally could have an underlying object to DETER one's freedom of expression/opinion - to deter one's freedom to criticize or even condemn government or some people's statement action/ommission - and that makes it most draconian.
Even, the draconian Sedition Act has EXCEPTION -
'....act, speech, words, publication or other thing shall not be deemed to be seditious by reason only that it has a tendency-
(a) to show that any Ruler has been misled or mistaken in any of his measures;
(b) to point out errors or defects in any Government or constitution as by law established (except in respect of any matter, right, status, position, privilege, sovereignty or prerogative referred to in paragraph (1)(f) otherwise than in relation to the implementation of any provision relating thereto) or in legislation or in the administration of justice with a view to the remedying of the errors or defects;...'
BUT no such exceptions for Section 233?????
But, not so in the case of Section 233 - it is just too wide, to vague...open to abuse by the Government/State at any time as it pleases. False content - is not just because it is UNTRUE but also because it is 'confusing, incomplete' - JOKE or what? Incomplete or confusing truths are defined as FALSE??? 'False content may include content or information which are untrue, confusing, incomplete or fabrication of non-existent matters....' - section 233. If the government is NOT Transparent - can you even be blaming people if they get things wrong. If it is FALSE, government should clarify matters, and tell us the TRUTH - not charge ordinary people...
Expressing similar sentiments, Digital Minister Gobind Singh Deo emphasised that any form of mockery or disrespect towards the kavadi ritual, or any religious practice, is unacceptable. "Astro must conduct a thorough investigation into this matter and immediately take appropriate action against those responsible," he added in a statement.
Gobind is asking ASTRO to conduct its own investigation and take action - but should he not be asking that those who broke the law be charged, and law enforcement to investigate and take action?
Something is very wrong with law enforcement in Malaysia - Remember MACC asked DBKL to do its inquiry first, and MACC will only commence investigation after that in case of the DBKL Councillor who allegedly may have committed a crime. Law enforcement do not wait or bother about internal enquiry or action of entities, be it DBKL or ASTRO - as soon as it becomes aware of any suspected crime, it starts its investigations and if sufficient evidence is collected to prove guilt, it charges the alleged perpetrator in court.
Azam had said the case would be referred to MACC if DBKL's investigation found elements of corruption or abuse of power,...Malaysia Now,
Later, 'MACC chief commissioner Azam Baki said its scrutiny of documents provided by DBKL found no wrongdoing by Afdlin. "After reviewing the documents provided by DBKL on Feb 7, 2025, it was found that there were no criminal elements in the execution of the RM4 million DBKL studio and radio content production and broadcasting projects," Azam told MalaysiaNow.
The issue is that MACC or law enforcement must immediately investigate - not wait until any internal mechanisms has completed its enquiry.
The employer's disciplinary action is up to the employer - we can call any employer to look into the matter and take appropriate action - BUT, more importantly, we must be calling for suspected criminals to be investigated, charged in court, accorded a fair trial, and if convicted accorded a JUST sentence.
If a journalist, a media host, a employee commits a CRIME, action must be taken against the alleged perpetrator - NOT the Employer. SUSPENDING ERA FM was wrong.
When, a news report allegedly breaks the law - suspension or 'temporary removal' of the said article/report is OK - but not the suspension or the cancellation of the said Media's license or ability to continue to operate.
Biggest INJUSTICE that happened in Malaysia in recent days maybe the GISBH case - it is OK to prosecute the individual criminals, but there is NO JUSTIFICATION in the closure of ALL(or most) business activities of GISBH - more so, since GISBH has yet to be tried and found guilty for any offences..or any serious offences that justifies the closure of Business Activities of GISBH owned/related businesses. We condemn the Isreali attack on all the people of Gaza, simply because some people may have fired rockets and kidnap persons in Israel - is not what was done in the GISBH case similar?
In this case, ERA acted against the alleged criminals by suspending them - so, no reason to suspend ERA FM at all.
Contradiction - were the police officers, instead of arresting suspects, ended up KILLING them even suspended OR suspended pending completion of investigations?
Police
KILL again- What 'CRIMINAL RECORD" -no conviction no criminal record?
APOLOGY and Condolence for deaths first - end 'Defamation of the DEAD'?
IPCMC - we need it
In the enforcement of LAWS in Malaysia - one expects equality. Art 8(1) All persons are equal before the law and entitled to the equal protection of the law.
Malaysians await the outcome in this case - Will the said persons/employees be CHARGED and tried in Court, and for what offence? Will it just be a FINE or a custodial sentence?
Will they not be charged - and 'escape' with a 'slap on the wrist'. Employer's suspension or termination only is not what people want. We have laws, and suspected criminals must be charged and tried in Court
Summary
Era FM hosts apologise for "unintentionally" insulting Hindus over a video mocking the Thaipusam kavadi ritual.
Communications Minister Fahmi Fadzil orders MCMC to call up radio station's management for an explanation.
Jelutong MP RSN Rayer says apology doesn’t negate need for police action over 3R.
Astro’s radio station Era FM hosts have apologised over a video mocking the Thaipusam kavadi ritual, while Communications Minister Fahmi Fadzil has ordered a probe into the incident.
In a video posted on social media, Nabil Ahmad, Azad Jasmin, and Radin Amir Affendy apologised for insulting Indians and admitted that they had made a mistake.
They vowed to do better and were open to criticism and feedback on how they could improve.
"Once again, we apologise for our unintentional mistake," Azad said.
In the controversial video, Azad was seen dancing to a "vel vel" chant by several other staff before he burst into laughter.
The chant "vel vel" invokes the Hindu deity Lord Muruga and is often chanted during Thaipusam when a person is taking the kavadi.
MCMC probe
The video triggered outrage among the Hindu community, with MIC deputy president M Saravanan calling the act "brainless".
In a separate statement, Fahmi said he had ordered the Malaysian Communication and Multimedia Commission (MCMC) to conduct a thorough probe, including calling Astro and Era FM's management for an explanation.
"This is to ensure action can be taken based on existing laws," he added.
Over in Parliament, Jelutong MP RSN Rayer, in a press conference, called for the police and the National Unity Ministry to take action.
"An apology is an apology, but it is still a 3R (race, religion, royalty) matter. So it is up to police to take further action," he said.
‘Unacceptable’
Responding to the clip, National Unity Minister Aaron Ago Dagang said in a statement that the actions depicted in the video contradict the principles of the Rukun Negara.
He also called on MCMC to take the necessary action as afforded under Section 233 of the Communications and Multimedia Act 1998 on the improper use of network facilities.
Expressing similar sentiments, Digital Minister Gobind Singh Deo emphasised that any form of mockery or disrespect towards the kavadi ritual, or any religious practice, is unacceptable.
"Astro must conduct a thorough investigation into this matter and immediately take appropriate action against those responsible," he added in a statement.
Echoing Fahmi’s sentiments, his deputy Teo Nie Ching also called for action to be taken.
“We cannot accept any action that would hurt the feelings of another community.
“Mass
media like radio stations must be more responsible when it comes to
protecting national harmony and be careful when creating any forms of
content,” she said on Facebook today. Malaysiakini, 4/3/2025
Police investigation into Era FM DJs complete and referred to AGC, says IGP
- Nation
-
Thursday, 06 Mar 2025
KUALA LUMPUR: The police investigation into a controversial video involving three Era FM radio announcers have been completed and the investigation paper has been referred to the Attorney General's Chambers (AGC), say police.
Inspector-General of Police Tan Sri Razarudin Husain (pic) also said a total of 73 police reports were lodged in connection with the case
He added a total of six individuals were called in to record their statements on Wednesday (March 5).
"We have completed the investigation and referred the investigation paper to the Attorney-General's Chambers (AGC)," he said when contacted on Thursday (March 6).
The IGP also reminded the public not to make any comment on social media that could cause disharmony and racial or religious tension.
"We will take stern action," he warned.
The police had questioned six Era FM employees, including the three DJs involved in the matter from 10.30am on Wednesday.
They were questioned for more than two hours by the investigators from the Bukit Aman CID special investigation unit.
The three DJs did not speak to the media and were seen getting into a multi-purpose vehicle (MPV) while the three other Era employees walking out of Bukit Aman.
"Aside from the three DJs, the others are an Astro Audio director, a social media executive and a radio station manager," he said.
On Tuesday, the management of Astro Audio announced that the three radio presenters involved had been suspended from the air until further notice, pending an internal investigation.
Astro Audio also apologised over the incident.
The police investigation involved a controversial video where Era FM radio DJs allegedly mocked a religious ritual.
The case has been classified under Section 298 of the Penal Code and Section 233 of the Communications and Multimedia Act.
Under Section 298 of the Penal Code, the accused could face up to a year imprisonment or a fine or both upon conviction.
For Section 233 of the CMA, those convicted could face a fine not exceeding RM50,000 or a maximum one year's imprisonment or both and shall also be liable to a further fine of RM1,000 for every day during which the offence is continued after conviction.
PETALING JAYA: Era FM has issued a public apology after several of its staff members were allegedly mocking the Thaipusam kavadi ritual in a video which was uploaded to their social media platform.
In a Facebook post, Era FM said that they understood that the video has caused discomfort, particularly amongst the Hindu community and Malaysians in general.
“We, the top management of ERA, sincerely apologise for a recent video uploaded on our official media platform, which contained an inappropriate act by our radio announcer.
“We understand that this has caused discomfort, particularly among the Hindu community and Malaysians in general.”
The post also stated that such incidents will not occur again.
“Moving forward, we will ensure that such incidents will not happen again and remain committed to being more mindful of the matters surrounding us. Once again, we sincerely apologise for our mistake.”
Malaysians have since expressed outrage over the viral video. - The Sun, 4/3/2025
Don’t threaten national harmony, PM reminds after Era FM uproar
Prime Minister Anwar Ibrahim calls on everyone to avoid 3R polemics and prioritise mutual respect and harmony.
In a broadcast on Facebook this evening, his senior press secretary Tunku Nashrul Abaidah said the prime minister reminded the public not to touch on 3R (race, religion and royalty) issues as they could affect national harmony.
“The prime minister reminds all parties to avoid 3R polemics in any form of statement or action, and to prioritise mutual respect and love in the community.
“He also stressed the importance of all citizens embracing the Rukun Negara as a basis of unity that must be lived and practised, and reject efforts and actions that can disrupt national unity,” Tunku Nashrul said.
Earlier today, the three Era FM radio hosts – Nabil Ahmad, Azad Jasmin and Radin Amir Effendi Ahmad Aruani – issued a public apology, admitting their mistake and acknowledging the insensitivity of their actions.
The clip, which included footage of the hosts chanting the phrase “Vel Vel” while laughing, was widely condemned as being disrespectful of Hindu practices.
Astro Audio took the three off the air following outrage over the video, which was shared on the station’s social media platforms, and later suspended them.
National unity minister Aaron Ago Dagang also called for the Malaysian Communications and Multimedia Commission to take action against those responsible under Section 233 of the Communications and Multimedia Act 1998.
“As a diverse nation, we must instil a spirit of mutual respect without regard for religious or racial background. Actions that insult the feelings of other religious groups are unacceptable in our multiracial society.
“Appropriate action will be taken on those who share any content that insults or demeans religions on mass media,” he said in a statement.
Separately, Anwar lashed out at the 57 MPs who abstained from voting on the Constitution (Amendment) Bill 2025 today.
“The prime minister has described their (abstentions) as a betrayal of efforts to reform the parliamentary institution.
“However, this is not surprising, considering that the same group had previously trampled on parliamentary democracy by blocking Dewan Rakyat sittings,” said Tunku Nashrul.
The bill, which forms the basis of the Parliamentary Services Bill 2025, was passed in the Dewan Rakyat after its second and third readings today. - FMT, 4/3/2025
PETALING JAYA: Prime Minister Datuk Seri Anwar Ibrahim has warned the people against inciting racial sentiments and sowing seeds of hatred amongst each other following recents cases involving mockery of religion.
Speaking during the Prime Minister’s Office (PMO) daily briefing, the Prime Minister’s senior press secretary Tunku Nashrul Abaidah said Anwar is aware that there are malicious efforts by several vested parties who are trying to instill a perception of “double standards” when authorities take action.
“This is a wild accusation that has no basis whatsoever. Anyone who insults any religion in Malaysia will still be investigated and prosecuted,” he said.
Nashrul highlighted several recent cases which saw authorities take decisive action including the KK Mart’s socks and Allah case where the company and the supplier were each fined RM60,000; a man who mocked the word “Allah” was fined RM12,000 and jailed for 6 months; a sweetcorn vendor who put up a racist notice was fined RM400; and comedian Harith Iskander and Cecelia Yap were each fined RM10,000 for hurting religious sentiments.
He further said allegations and perception that the government is silent when Islam is insulted is slanderous and baseless.
“In the cases I listed earlier, it is clear that all of them were investigated, charged, and ultimately punished and all of these actions were taken based on existing legal provisions.
“Each case that is reported will go through duel process and legal channels.
“This is a strong message to all Malaysians to stop the habit of insulting any religion, culture, and race in any space in Malaysia.
“Don’t let trivial matters destroy our strength and uniqueness when the country is developing and on a good trajectory,” he added.
Malaysian netizens recently expressed outrage after a video of several staff members of a local radio station were seen allegedly mocking the Thaipusam kavadi ritual has gone viral.
The incident which was captured in a TikTok video was supposedly uploaded onto the radio station’s social media account.- The Sun, 6/3/2025
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