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Friday, September 03, 2010

Holy mother CRAP - why is Hassan Skodeng smiling?

irwan-sept2

As most of you might already know, Irwan Abdul Rahman aka Hassan Skodeng, an editor of the Malay Mail and the owner of the blog Nose4news was charged yesterday.

He was charged under section  233 (1) (a) Malaysian Communications and Multimedia Commission (MCMC) Act. If convicted, he can be fined up to RM50,000 or jailed up to a year, or both.

Section 233 (1) (a) of the CMA states that:

(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 offensive in character with intent to annoy, abuse, threaten or harass another person,

commits an offence.

The reason for his charge was an article he wrote, entitled “TNB to sue WWF over earth hour” earlier this year."

That article, as every reasonable person in the whole universe, with a semblance of any sense of humour and a bit of brain between his or her ears would know, was a satire or parody. It was intended as a joke. But of course, some thick glue on this planet did not get the joke. And so he was charged.

I have not seen the exact charge. But media report, including from the Malaysian Insider reported that he was charged as above.

Now. Let's have a closer look at it.

The question is this. Is the article obscene, indecent, false, menacing or offensive in character? And was it published with  intent to annoy, abuse, threaten or harass another person?

Let's not go into intent. Because we all know that Nose4news is modelled on The 0nion, an American news satire organisation. Furthermore, it is already said umpteen times that the article was intended as a satire.

How about obscene? No. It wasn't. But of course, it was obscenely funny. We can also take out "indecent", "menacing" and "offensive" from the equation.

The only thing which might stick then is whether the article was "false."

Here is where it becomes interesting. A good friend of mine - a big wig legal eagle in an international corporation - prompted me to the Content Code of the Communications and Multimedia Content Forum of Malaysia (CMCF).

CMCF mind you, was established by non other than the Malaysian Communications and Multimedia Commission itself. CMCF came out with the Content Code.

The interesting thing about the content code is its Chapter 2 on "Guideline on Content." Item 7.3 of Chapter 2 says:

"7.3

Content which is false, is expressly prohibited except in any of the following circumstances:
(a) satire and parody;
(b) where it is clear to an ordinary user that the content is fiction
."

So, satires and parodies are expressly and very clearly excluded from the definition of "false" content.

This is MCMC's own regulation. And yet they are charging Hassan Skodeng.

Now I am wondering whether this whole charge is a satire and parody of the state all of us are in right now in this blessed country.

No wonder Hassan Skodeng is smiling.

Speaking of charging people, I would like to refer to the dude who doctored the Lim Guan Eng's picture below .

6814b492c3611653107077a2a93f8979

The doctored picture is on the left while the original is on the right.

This publication is surely and definitely  false, menacing or offensive in character with intent to annoy, abuse, threaten or harass another person. In fact, it is also seditious.

So MCMC, what are you going to do about that picture? If that picture was a joke, it sure as hell is not funny.

23 comments:

C++ said...

Bhai Art..

Hahaha.... if Hassan Skodeng (aka the baboon) is smiling... then.. I might also smiling too.... hahaha...

By the way... I think MCMC planned to make this case as a satire...

mh said...

Comedy court for free. What more entertainment does the thinking public need than the parodies now staged so regularly.

PahNur said...

MC-MC double Hammer-ed?

Antares said...

MC2 = E? Hassan Skodeng probably was asked to play along with the charade. Once in a while, the Homo Ministry has to be seen hassling an establishment figure (Irwan is on the Malay Mail payroll, right? Can't get more establishment than that). So we now know what E stands for in Einstein's famous equation. MC X MC = Establishment!

Yeowai said...

Art, I am confused. so is he gonna be charged or what?

RS said...

so hypocritical... hate what the m'sian court is becoming

Anak Limau said...

Antares, grow up! Your new and blind hatred for the establishment is tiring already. Be a bit balanced, don't be like the kind of establishment that you claim to hate so much.

Stay healthy too.

Anonymous said...

Bro, it isn't about parody or satire, it's all about telling a lie or not it isn't.If it's a lie, a damned stupid lie, and also it's a lie which involved damned high ranking Melayus in Melayu administration, Obama doesn't like it.

Ops, I means my mama doesn't like it. My mama says no lies, if you do make lies, this is what get, spanking your face or buttock.

This is the Administration philosophy of the Raja Majapahit of the Nusantara, which applies to our new born Majapahit Melayus. Melayus who'd lost their keris under 400 years in colonialism stage are regaining absolute power to behave in the culture suited to the time of Majapahit, and many like the philosophy. Buang anak tetapi jangan buang adat. That is exactly what'd happened now. So in conclusion, lying isn't a Malay culture, stay with it.

Namewee's fuck the TNB isn't a lie, and when you don't have a lying factor in it, in fact with some truth in it, how's TNB wants to fight back.

F**k Majapahit.

flyer168 said...

Art,

Yes, "Holy mother CRAP" alright.

"Truth Hurts and Siapa makan Cili, Dia rasa Pedas"

So when Bolehland's Morons are in Desperation...they seek their PR Con-Sultan advisers for help...

"Liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others.

I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual" - Thomas Jefferson

"Sometimes it is said that man cannot be trusted with the government of himself.

Can he, then be trusted with the government of others?

Or have we found angels in the form of kings to govern him?

Let history answer this question" - Thomas Jefferson

"A Bill of Rights is what the people are entitled to against every government, and what no just government should refuse, or rest on inference" - Thomas Jefferson

This is just the begining...more to come...

You be the judge.

Cheers.

flyer168 said...

Addendum.....

Art,

Just to share this...

Government warns Malaysian bloggers - Asia-Pacific - Al Jazeera English -
http://english.aljazeera.net/news/asia-pacific/2007/07/20085251403456514.html

Previous Awards 2007 - Public Affairs News
The winners were announced at the Public Affairs News Awards 2007 on 5 July at the .... Asia and the US has further marked a turning point...
www.publicaffairsnews.com/panawards/previousawards07 - Cached - Similar

Exclusive: U.S. Spies Buy Stake in Firm That Monitors Blogs ...
19 Oct 2009 ... Exclusive: U.S. Spies Buy Stake in Firm That Monitors Blogs, Tweets ... a tool can also be pointed inward, at domestic bloggers or tweeters. ...
www.wired.com/.../exclusive-us-spies-buy-stake-in-twitter-blog-monitoring-firm - Cached

APCO - Interceder: real time news feed
23 Aug 2010 ... APCO Worldwide is a global communication consultancy with 29 locations ...
interceder.net/list/APCO - Cached
http://www.apcoworldwide.com/
http://interceder.net/list/APCO

You be the judge.

Cheers.

not rumi said...

Out beyond ideas of wrongdoing and rightdoing,
there is a field. I'll meet you there.

When the soul lies down in that grass,
the world is too full to talk about.
Ideas, language, even the phrase each other
doesn't make any sense.

From Essential Rumi
by Coleman Barks

aston said...

As is usually the case, a common sense. Keep it up!

As far as Article 153 is concerned, I think the position of it as not being a "right" is highlighted in the article itself.

Article 153 (7) stipulates:

Nothing in this Article shall operate to deprive or authorize the deprivation of any person of any right, privilege, permit or license accrued to or enjoyed or held by him.

In that respect, this is consistent with Article 8 that every person in this country is equal before the law and deserve equal protection of the law.

Therefore: Malay = Chinese = Indian.

Boleh said...
This comment has been removed by a blog administrator.
ruyom said...

Malays are more suppressed in their own country by Umno than the suppression suffered by Chinese or Indians. For their pains they are offered the rotten carrots of Ketuanan Melayu and NEP.

The suppression of malays is deep and internal while the suppression of Chinese and Indians is only surface in terms of benefits and material things. That is why some Chinese have the cheek to say that NEP benefits them as it makes them stronger.

The suppression of malays is mental and spiritual enforced by KGB police type tactics. The suppression of malays may be an eternal and permanent one. Umno is a cancer to malay society.

fargoman said...

The name Melayu is an Indian word to denote hills or mountain range. There is a place in south India called Melayur.

Indigenous people who marry Muslim Indians from Melayur identified themselves as Melayur.

Over time, as the malay kingdom spead through insular SEA, the word Melayur became simply as Melayu.

If one were to do genetic test on the modern malay in Peninsula Malaysia, they would invariably carry genetics from Indian to explain the darker complexion and kinky hair of most malays as opposed to the Mongolid look of some malays of original Malayo Polynesian, Dusun or Dayak stocks.

The real natives or indigenous people of the Peninsula Malaysia can be found in the northern parts of Peninusla Malaysia apart from the aborigines.

Anonymous said...

aiya, what u expect of products from failed social reengineering kutty-style?
there is even one who wrote the thesis that gave him the Phd and he can turn around to say its just a thesis and has nothign to do with his own conviction. Rich aint it?

Anonymous said...

Why bother defending this Malay Male fool? He has clearly tried to poke fun at the TNB boss.

It will be a sad day for justice if Skodeng is freed. His head will get bigger than Namewee and his jokes will be bolder.

Sue him good.

Parody of Bolehland said...

Gosh Art, if Skodeng ends up in some kandang cell BolehLand fellos cannot even have a sense of humour at all? Is comic and humour now only permissible and confined to our politicians and we are only allow to enjoy it the august house. Besides what we see in the august house proceedings are really bad taste comic performance but they are allowed to carry on their antics without any investigation! What of MACC's DPP classic performance at the recent 'self strangulation' plot? Shouldn't that be also investigated because it is even not a parody but a really bad rated comic performance? Gosh I think we all need to attend BTN classes so that we feel safe even in cyberspace, no?

kkbboy said...

Hope Hassan Skodeng gets DPP Datuk Abdul Razak Musa to prosecute him. Now this would definitely be SATIRE.

Obefiend Weiland said...

unfortunately the idea of a satire is long dead in Malaysia

Zunar's numerous satirical books and comics were also confiscated by KDN a while back

as an owner of a satirical website i am now counting the day before it's my turn be charged in court

happy times

ajoyly said...

When everything is politicized, right can become wrong and wrong can become right.

What is a parody can become an offence and what is an offence can become a satire?

Well, different countries tick differently !!!

Anonymous said...

It's been said that if you pay peanuts, you get monkeys. I thing the folks at MCMC are paid peanuts.

Cheers,
JJ

s.s.seelan said...

Sdr Lim Kit Siang alleged almost 20 years ago about the Police impotent investigations if it involved a BN politician and about the AGs selective prosecution. Looks like nothing has changed; MACC and MCMC notwitstanding.