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Sex video offences: Pornography, blackmail, criminal intimidation, criminal defamation

Wed 2011-Mar-23 @ MYT 11:46:29 am

by uppercaise
What 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”

» Penal Code

What ‘Datuk T’ demanded

A copy of the video footage would be sent to a leading politician and his wife on Monday week “for them to ascertain if the individual… is (name withheld)”. A statement signed ‘The Insider’ said: “If it is true…. (the couple) must step down from politics.” The statement was distributed to reporters after they viewed the video. [» MalaysiaKini]

“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”.

Police are investigating … under Section 292 of the Penal Code for distribution of pornographic material, Inspector-General of Police Tan Sri Ismail Omar said on Tuesday. [» MalaysiaKini]

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.

» the Penal Code in full

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9 Comments
  1. ketuanan samseng permalink
    Wed 2011-Mar-23 @ MYT 13:59:15 pm 13:59

    Today, an newpaper claimed that “the media” had failed in its efforts to identify “Datuk T”. Failing to identify the source person, even by of a photo or car details – while repeating the claim that he is a Datuk – is certainly conspiracy. This guy may be a professional blackmailer colluding with hotel staff, involved in many cases. Exact dates in the growth of his wealth would be useful.

    The indigestible bits far:
    - the big tummy in video
    - no. of camera angles exceed the no. of cameras stated
    - easy to get a double and use effective modern make-up. B/W instead of colour points to
    the need to hide make-up.
    - the john supposedly left his valuables with the prostitute while in the bathroom, and
    did not notice even his watch was missing.
    - a famous john risking being recognized going into a cheap hotel
    - “Datuk T” found wires and cameras while popping into a hotel room to retrieve a watch which he claimed a prostitute had taken.
    - screening in Parliamant lobby and immediate multiple responses (including 1 statement that screening porn is OK) from govt. shows that
    they coordinated this.

    NB: The purpose of this comment is not moral. It is to expose gangsters.

  2. Wed 2011-Mar-23 @ MYT 18:53:44 pm 18:53

    Hi UPPERCAISE,

    I’m afraid you had MISSED the point completely or perhaps is that you simply choose to MISS the point.

    Can you please UNDERSTAND what’s more IMPORTANT is to determine whether the man in the recording is ANWAR IBRAHIM or not??? & NOT questioning whether did PDRM do this rubbish or that rubbish, or questioning whether is it blackmailing, pornography or what so ever.

    Furthermore, the so-called DATUK TRIO even invite/agree to have you, NIK AZIZ, WAN AZIZAH + foreign experts to be part of a ‘proposed’ RCI committee. So, what’s the BIG FUSS all about???

    Although the question of whether did PDRM do the correct thing or not is indeed IMPORTANT but I would say it’s only “SECONDARY IMPORTANT”. The TOP MOST IMPORTANT thing is to find out whether is ANWAR IBRAHIM the man or not. ‘The rakyat’ deserve to know this & ‘the rakyat’ is NOT interested to know whether did PDRM do their job or not (afterall, we all know PDRM doesn’t do any job).

    Thus, I’ll appreciate if you could STOP AVOIDING or DIVERTING the topic. Barking about the Police is NOTHING new but finding out whether the man is really ANAWR IBRAHIM or not is certainly something NEW & in fact, it’s URGENTLY IMPORTANT!!!

    I as part of ‘the rakyat’ deserve to know whether is PAKATAN RAKYAT truly worth voting for or not. Thus, I view a setup of a RCI pertaining to this is FAIR, IMPORTANT and MUST be set-up without any further
    delay.

    Lastly, I would like to advice you with a hint which goes…

    “Address the issue rather than to avoid or divert it should be the way!!!”

    • uppercaise permalink*
      Wed 2011-Mar-23 @ MYT 19:13:15 pm 19:13

      You have completely missed the point of this posting, which was about journalism and the truth, and the possible criminal offences involved. Go do your barking someplace else.

    • Patrick permalink
      Wed 2011-Mar-23 @ MYT 20:09:57 pm 20:09

      Amazing how some people still think that the issue is not about the fact that it was done in a dubious manner, but about Anwar Ibrahim.

    • shamal permalink
      Thu 2011-Mar-24 @ MYT 15:49:53 pm 15:49

      You are right when the video is not you as the main actor, if you the want you are scramble to Karpal Singh & Co. what the bullshit you talking about……first of all did you really sure the actor is DSAI…..don’t judge before you even know the details.

      Did you think the 3 “T’s” is so dumb clean….. forgive me …..track record shown even in the cloud.

      Your mentality is just another UMNO kutu’s . even with shit you fellas can swallow and feel good with it…..

    • Adam permalink
      Wed 2011-Mar-30 @ MYT 06:34:44 am 06:34

      KY,

      In Zorro blog, I have posted this response to another guy who has the same messed up thinking like you on the same issue.

      “You still do not get the whole picture. You are either young and have not gone through the mill or our present education system has failed us. Let me take 30 minutes of my life to try to open up your eyes to the real issue here.

      Scenario 1. Some people install hidden cameras in the hotel rooms with the intention to capture the private(meaning naked) moments of the hotel guests. You and your wife or girlfriend check in and do your private stuff. They then view your capabilities and, not knowing you, sell the video to a pornsite for a fee. You find out through friends that you and partner are now pornstars. What do you do? I think you would demand these guys to give you part of the fees, right?

      Scenario 2. They know you are some prominent and rich guy. They contact you and ask for money or else they will post the video on the internet for all to see. They will ask for more if your acting partner is not your wife and you are married with kids. What do you do? I think you will blame yourself for choosing that hotel, right?

      Scenario 3. They contact your business rival who can pay them much more. Your rival contacts you and asks you to close shop or else they will give copies of you in all your glory to your business associates and customers. What do you do? I think you would curse your bad luck and change business, right?

      Scenario 4. They make copies and carry out scenario 3 then 2 then 1 in sucession. What do you do? I think you would go do plastic surgery and change your identity, right?

      So, do you now get the big picture? If no, then no hope for you and I have wasted 30 minutes of my precious life.”

  3. Just A Eraser permalink
    Thu 2011-Mar-24 @ MYT 09:56:25 am 09:56

    MALASIAN LAW its just something thats the TOP people can use as they want.

Trackbacks

  1. Money now or money later, it’s still video blackmail | Malaysia Blogs
  2. Money now or money later, it’s still video blackmail | LinksRepublic

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