by uppercaiseWhat that anonymous “Datuk T” did on Monday at Carcosa Seri Negara amounts to blackmail. He also exhibited pornography, carried out an act of criminal intimidation, and criminal libel. The Malaysian media in going along for a story that “is going to be huge!” have now become accessories after the fact to criminal activity.
- Extortion carries a punishment of up to 10 years’ jail or with fine or with whipping or with any two of the punishments.
- Criminal intimidation: up to two years’ jail or fine or both;
- Anonymous criminal intimidation: up to two years’ jail in addition to the punishment for criminal intimidation;
- Exhibiting pornography: three year’s jail or fine or both;
- Criminal defamation: two years’ jail or fine or both
Bloggers are now going to be roped by the anonymous “Datuk T” to become part of his scheme of blackmail and criminal intimidation, according to Rockybru who’s been invited and seems to be relishing every little detail of this affair. Other bloggers, of course, don’t want to be left out. (In fact, many of them will brag endlessly about their role.)
The anonymous blackmailer “Datuk T” has now built a growing web of conspiracy of political extortion and criminal intimidation.
using the Malaysian media to demand that a public figure and his wife give up political office. The threat is presumably based on criminal action under syariah law for adultery or illicit sex.
The ordinary meaning of blackmail is:
- Blackmail v.t.
- (In law) to exact or attempt to exact (money or anything of value) from (a person) by threats or intimidation; extort
- to attempt to influence the actions of (a person), esp by unfair pressure or threats
» Collins English Dictionary at The Free Dictionary
In Malaysia, the Penal Code lists the crime as extortion, defined as:
- 383. Extortion
- Whoever intentionally puts any person in fear of any injury to that person or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits “extortion”
What ‘Datuk T’ demanded
“Datuk T” hasn’t actually asked for a copy of the couple’s resignation letter — but that would be easy to obtain, and could be shown to “certain quarters” in return for fabulous wealth in having accomplished the dirty deed (if he hasn’t already). That’s the same as “anything signed or sealed to be converted into a valuable security” as the Penal Code says.
Other criminal offences
Criminal intimidation, insult and annoyance
- Criminal intimidation
- 500. Whoever threatens another with any injury to his person, reputation or property … with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation.
Punishment: up to two years’ jail, or fine, or both;
Anonymous criminal intimidation
- Criminal intimidation by an anonymous communication
- 507. Whoever commits the offence of criminal intimidation by an anonymous communication, or by having taken precautions to conceal the name or abode of the person from whom the threat comes
Punishment: up to two years’ jail in addition to the punishment for criminal intimidation
Pornography
It is an offence under the Penal Code to have, sell, distribute or publicly exhibit obscene materials, “or in any manner put into circulation”.
Section 292 of the » Penal Code
- Sale, etc., of obscene books, etc
292. - Whoever—
(a) sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or for purposes of sale,hire, distribution, public exhibition or circulation makes, produces or has in his possession any obscene book,pamphlet, paper, drawing, painting, representation or figure or any other obscene object whatsoever; - (b) imports, exports or conveys any obscene object for any of the purposes aforesaid, or knowing or having reason to believe that such object will be sold, let to hire, distributed or publicly exhibited or in any manner put into circulation
Punishment: up to three years’ jail, or fine, or both;
Media complicity in pornography
It is an offence under the Penal Code to profit from advertising, selling, or exhibiting obscene materials.
- 292.
- Whoever—
(c) takes part in or receives profits from any business in the course of which he knows or has reason to believe that any such obscene objects are for any of the purposes afore said, made, produced, purchased, kept, imported,exported, conveyed, publicly exhibited or in any manner put into circulation; - advertises or makes known by any means whatsoever that any person is engaged or is ready to engage in any act which is an offence under this section, or that any such obscene object can be procured from or through any person;
Punishment: up to three years’ jail, or fine, or both;
Criminal defamation
- Defamation
- 499. Whoever, by words either spoken or intended to be read or by signs, or by visible representations, makes or publishes any imputation concerning any person, intending to harm, or knowing or having reason to believe that such imputation will harm the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person.
Punishment: up to two years’ jail, or fine, or both;
Media complicity in criminal defamation
- Sale of printed or engraved substance containing defamatory matter
- 502. Whoever sells or offers for sale any printed or engraved substance, containing defamatory matter, knowing that it contains such matter, shall be punished with imprisonment for a term which may extend to two years or with fine or with both.
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