Is Online News Sharing Illegal Under POTA 2015 Act?!

THE POTA ACT WAS APPROVED LAST NIGHT IN PARLIAMENT…

Akta Pencegahan Keganasan (POTA) 2015 yang telah diluluskan Dewan Rakyat boleh dikenakan kpd PENGHASUT PEMBENCI KERAJAAN dilaman2 sosial spti Whatsapp, FB, Tweeter, Blog, dsb. Polis akan menahan mana-mana penyebar Fitnah Kepada Pemimpin Negara termasuk yg mengubahuai gambar pemimpin negara bagi mewujud dan menanam kebencian di kalangan rakyat! Tahanan POTA minima selama 2 tahun. Tidak boleh dicabar di semua Mahkamah. Pusat Tahanan di sebuah Pulau berkeluasan 1000 Ekar di Utara Sabah telah bersedia menanti penghuninya selepas OPS POTA 2015 dilancarkan tidak lama lagi.

The Prevention of Terrorism Act (POTA) 2015 which has been approved by the Dewan Rakyat can be applied to inciters who hate the GOVERNMENT on social media such as Whatsapp, FB, Tweeter, Blog, etc. The police will arrest any person who spreads defamation against national leaders, including those who alter the image of national leaders to create and instill hatred among the people! Minimum POTA detention for 2 years. Cannot be challenged in all Courts. The Detention Center on a 1000 Acre Island in the North of Sabah is ready to await its residents after the OPS POTA 2015 is launched soon.

Hati-hatilah ye…

Be careful…

Even if you just cut and paste, you can be charged for distribution and dissemination. So please take extreme careful.

Attention all Chat Groups ;

Please STOP immediately from circulating any sensitive issues.

Malaysian government has “Passed the Amendment” to the Sedition Act few days ago.

Please note that its an offence now to “propagate” any material that is deemed to be of “seditious tendency”
Its heavier fine and jail term 20 years.

Be careful what you send in social media. Also note that intent is not necessary for sedition.

That means you can’t say you didn’t intend to spread or send the material to cause disharmony or cause anyone feelings to be hurt.

U may want to forward this msg to anyone who is unaware of this law.

✅POTA or Prevention of Terrorism Act (Prevention of Terrorism Act) was not enacted to deal with the issue of incitement but the issue of terrorist activity which the issue of this activity has been enshrined in other substantive laws including Chapter VI and Chapter VIA in the Penal Code.

✅POTA also applies when these terrorist activities involve entities that have been listed in Sections 66B and 66C of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds from Illegal Activities (AMLATFAPUA) Act 2001.

The allegation that this POTA will be used to incite GOVERNMENT HATERS on social media or those who modify the image of national leaders to create and instill hatred among the people is absolutely FALSE. POTA is to deal with TERROR and NOT SEDIMENT.

POTA also cannot be used to detain someone just because of his political beliefs or activities. However, if the party/member/follower of a political party is involved in terrorist activities, then POTA is applicable.

✅The POTA Act prevents before the terrorist activities are carried out. Do you want to see KLCC & KLIA blown up by terrorists, before action is taken? Do you want your children to be involved in terrorist activities, then when the rice has become porridge, new actions are taken? This is because in cases of terrorism, the evidence obtained is in the form of intelligence and most of these evidences are difficult to bring to Court due to the refusal of witnesses to appear in Court to give evidence.

✅This Act is preventive in nature where the Minister’s executive power to impose punishment has been transferred to the Terrorism Prevention Board appointed by the Yang DiPertua Agong (YDPA). The members of the Board are made up of those who have at least 15 years of experience in the field of law.

✅The decision of this Board can be challenged by Judicial Review.

✅ Advocates are allowed to be present when evidence is taken by the Inquiry Officer (IO) appointed by YDPA and the IO must not be a PDRM member/officer.

✅POTA Detention Orders can be challenged, therefore the allegation that POTA Detention Orders cannot be challenged is completely untrue.

✅This Detention Order must also be taken to another Advisory Board as provided for in Article 151 of the Federal Constitution.

✅Considering that POTA is a preventive law, the detainees will undergo a Special Rehabilitation Module that has been designed to neutralize their understanding of extemism, which modules emphasize religious aspects (according to the detainee’s religion), moral and spiritual aspects as well as family relationship issues which family members prisoners are also involved in giving encouragement to the prisoners to successfully continue the neutralization process.

✅It should be remembered that this prevention law is a prevention and not a punitive law.
The information about the detention center on a 1000 acre island in the north of Sabah is not true. This is not like the Alcatraz Prison in San Francisco Bay that held the notorious criminal Al-Capone. Instead, the detainees will be placed in a Special Detention Center.

POTA vs ISA

✅POTA or the Prevention of Terrorism Act 2015 is a preventive law enacted by the Government to deal with any individual or group that commits acts of violence.

✅ This act is not to punish but to detain as prevention and further restore through the Rehabilitation Program organized by the Ministry in collaboration with the police, prisons, Jakim and other Government agencies.

✅POTA is different from ISA because POTA will only be used against terrorists. Can’t be caught randomly.

✅ POTA cannot be equated with ISA. Among the most notable differences are:

▶ Detention Order for ISA is issued by the Minister of Home Affairs whereas POTA is issued by an independent Board whose members are appointed by His Majesty the Yang Di Pertuan Agong. So, for POTA, the minister has no power at all to issue orders or instructions.

▶Before an individual is subject to a Detention Order or Restriction Order, they need to go through a period of detention for police investigation or also called a remand prisoner. The total is 60 days for ISA and POTA. But it is different because the ISA gives full authority to the police to detain directly for 60 days before the Minister issues a Detention or Restriction Order. While POTA needs to be taken to the Magistrate’s Court for the extension of the remand period. So…very different….?

✅One more thing, if ISA, the subject cannot see the family while POTA can see the family or next of kin during the period of detention for police investigation or remand.

✅Finally, for ISA, after a 60-day remand by the police, the Minister will issue an order. As for POTA, it is not the Minister who issues the Order or ‘order’ but an independent Board. In fact, an inquiry officer will conduct an inquiry or investigation to make a ‘recommendation’ whether the subject is involved or not. It should be remembered that the Inquiry Officer cannot be appointed from among the police but they are made up of scheme L officers which is the Law. So it can be seen how transparent this POTA is and there is no issue why this POTA needs to be equated with ISA.

I call for you to spread this explanation instead of false information that can cause annoyance among the community.

DO NOT COPY IF YOU CAN’T PASTE.

DON’T BE POISON IF YOU CAN’T BE A CURE.

It should be noted that spreading false information that can cause public uproar on any social media platform is an offense and can be prosecuted under existing laws including the Sedition Act 1948 and the Penal Code.