Media watchdog Centre for Independent Journalism (CIJ) is pleased that the Malaysian Communications and Multimedia Commission (MCMC) has dropped its case against satirist and blogger Hassan Skodeng.

Still, it is disturbed that the case has been allowed to go this far.

In deciding to prosecute this matter withdrawing it only now, CIJ said, the MCMC appeared to be sending a disturbing message to bloggers that satire would not necessarily be tolerated, in direct contradiction of its own code.

Irwan Abdul Rahman aka hassan skodeng 3In the case against Hassan Skodeng, whose real name is Irwan Abdul Rahman, MCMC in September last year accused him of posting a parody or satire aimed at Tenaga Nasional Bhd on his blog.

The charge against Irwan, under Section 233(3)(1)(a) of the Communications and Multimedia Act 1998, is that his comment entitled "TNB to sue WWF over Earth Hour" on the site was intended to hurt others.

However, the sessions court on Tuesday let Irwan off on a discharge, but not amounting to an acquittal, after it was informed by the prosecution that the Attorney-General's Chambers had agreed to withdraw the charge.

Still, CIJ cried foul over the section of the law used against Irwan.

Section 233(3)(1)(a) of the Act states that it is an offence to knowingly create and transmit content that is "obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass another person".

'Law open to threaten or harass online users'

The CIJ statement said: "CIJ is of the view that this section is overly broad and can be open to government misuse to threaten or harass online users.

"Although all seems to have ended relatively well for Irwan, there appears little respect still in general for freedom of expression, a right guaranteed in the Federal Constitution."

CIJ also called on the federal government to cease initiating needless prosecution such as this and to respect the people's right to freedom of expression.

In Irwan's original blog posting, he wrote about a fictitious press conference by TNB chief executive officer Datuk Seri Che Khalib Mohamad Noh, quoting him as saying the utility company would be suing the "World Wildlife Fund" for organising the Earth Hour campaign, which would cause the company to lose millions in revenue.

Irwan, who is executive editor of the Lifestyle and Entertainment Section of the free evening tabloid The Malay Mail, has followed up with another satire piece on his website, this time referring to himself as a ‘baboon'.