
Among others, the amendments provide that “false content” does not include content in the form of satire and parody, or which is clearly fictional. The amendments were passed in the Dewan Rakyat on Dec 9 and approved by the Dewan Negara on Dec 16.
Syahredzan said until these amendments are enforced, a moratorium should be imposed on probes into such cases — including that of graphic artist and activist Fahmi Reza, who was summoned by the police yesterday over a graphic of new Sabah governor Musa Aman.
“While waiting for royal assent, gazettement and the determination of the effective date for these amendments, a moratorium should be imposed on any investigation or prosecution under Section 233(1) of Act 588 related to work categorised as satire and parody,” he said in a statement.
“Since satire and parody are still included under the ‘false’ element in Section 233(1) of Act 588 for the time being and the approved amendments do not have a retrospective effect, the proposed moratorium is to respect the intent of the legislation.”
On Dec 3, Syahredzan said the tabling of the amendments signified the government’s recognition of both parody and satire as legitimate forms of critique or commentary — not crimes to be punished.
Other than Section 233 of the Act, the graphic artist is also being investigated under the Sedition Act and Section 504 of the Penal Code for intentional insult with the intent to provoke a breach of the peace.