‘Anwar-Zahid’ audio clip: focus on leak, not content, says lawyer

KUALA LUMPUR – Instead of getting excited over the content of a leaked conversation allegedly between PKR president Datuk Seri Anwar Ibrahim and his Umno counterpart Datuk Seri Ahmad Zahid Hamidi, one should be horrified at the possibility that a private conversation between two individuals may have been eavesdropped on.

The lack of concern by the authorities about this infringement of privacy warrants attention, as does the apathy demonstrated by the public as to how a conversation between two individuals was intercepted, recorded and distributed. 

A Malaysian citizen has the right to privacy, and the law is supposed to offer protection against such rights being infringed.

Speaking to The Vibes, lawyer Datuk Seri Rajan Navaratnam explained that the Communications and Multimedia Act 1998 prohibits the interception of communication.

“In fact, under Section 234 of the Communications and Multimedia Act 1998, a person who without authority intercepts or attempts to intercept any communication, uses or discloses the contents of any communication through interception, shall if found guilty be liable to a fine of a maximum RM50,000, or a jail term of up to one year, or both,” said Rajan.

Of course, the law comes with exceptions.

Many would have, in crime television shows, seen the authorities intercepting conversations.

In fact, the same can be done in Malaysia, with strict requirements and procedures for authorities to follow.

“Section 116C(1) of the Criminal Procedure Code only empowers the public prosecutor, in this case the attorney-general, to authorise a police officer to intercept, listen to, and record any conversation by communication if he considers the information is in relation to the commission of an offence,” said Rajan.

He said given that police can only intercept communications should there be information concerning the commission of an offence, it would be safe to assume, should the audio clip be authentic, it was not police exercising their powers under Section 116C.

This is due to the simple fact that the clip only shows a private conversation between two individuals with no criminal elements or information regarding the offence.

“Police should be investigating the interception as opposed to investigating the personalities or the contents,” added Rajan.

Two days ago, Inspector-General of Police Tan Sri Abdul Hamid Bador said investigation papers have been opened in relation to the matter, and statements from both Anwar and Zahid will be recorded.

The four-minute audio clip of what appears to be a conversation between Zahid and Anwar went viral on social media on April 7.

Both parties have denied their involvement in the recording. – The Vibes, April 13, 2021