The arrest by the police of 2 teenagers for posting a Tiktok video dissenting and criticizing the teacher is most regretful.
Although the police has powers to investigate under Section 246 of the Communication and Multimedia Act (CMA), it would appear that is was not necessary to arrest the teenagers under the circumstances because there is no possibility of them escaping from jurisdiction or absconding from Malaysia.
The provisions of the CMA are to be exercised with caution and prudence and not to be abused.
The police could have searched and seized the devices and call upon the parents to bring the teenagers to the balai at a convenient time to take their statements and refer the same to the DPP. That ought to have been sufficient, however, they went further by arresting and detaining and applying for 2 days remand which is “high-handed”.
The psychological trauma on the teenagers would have been severe. The police ought to have used their discretion and not to arrest and detain and put them through undue stress. The offence is not a capital or a serious offence.
The authorities must allow dissent and criticism so long as they are not defamatory or deleterious to society.
Although the police can feebly attempt to justify their arrest by accusing them of violating the Minor Offences Act and the Communications and Multimedia Act (CMA), such action by the police will not silence the teenagers but on the contrary, will invite anger and disaffection from other teenagers toward the authorities.
Many people have been criticising the examination and education system in the country. Many netizens, including elected representatives and the media have been making all sorts of criticisms toward the police and the government.
I urge the IGP and the AGC to streamline the guidelines on investigations/arrests by the police when dealing with dissent and criticisms in cyberspace. I urge civil society and the Bar Council to seek justice for the boys.
Teresa Kok