KiniTV bid to get charges dropped fails

(MMO) – Two directors of Malaysiakini’s sister company, KiniTV, failed today to overthrow charges made against them for allegedly airing an offensive video condemning the Attorney-General.

According to The Star Online, Sessions Court judge Zaman Mohd Noor dismissed directors Steven Gan and Premesh Chandran’s appeal after the parties met in chambers.

It was reported that the court has fixed March 3 for mention.

On November 17, the video portal was charged for allegedly airing an offensive video on July 27 in which a former Umno leader criticised Tan Sri Mohamed Apandi Ali.

The video was of a press conference held by former Batu Kawan Umno division vice-chief, Datuk Khairuddin Abu Hassan, titled “Khairuddin: Apandi Ali is not fit to be AG and he should quit immediately”.

Gan had claimed trial to two charges under Section 233(1)(a) of the Communications and Multimedia (CMA) Act 1998 for airing the video on KiniTV’s website.

He was also slapped with two separate charges under Section 244(1) of CMA in his capacity as one of the directors of KiniTV Sdn Bhd.

Section 233(1)(a) of the CMA criminalises improper use of network facilities by knowingly transmitting contents which are offensive, menacing, obscene, false and indecent with the intent to annoy, abuse or threaten another person.

Section 244(1) states that directors and other senior officers of a company are also liable for offences committed by the company and punishable under the same law.

If convicted of offences under Section 233(1)(a), Gan could be jailed a maximum of one year or fined up to RM50,000, or both. He also faces an additional fine of RM1,000 a day if he continues the offence after conviction.

Section 244(1) of the CMA provides for the same penalties.