BOLEHKAH ANDA MERAKAM BILA DITAHAN POLIS?

Di era maklumat di hujung jari kini, masing-masing ghairah mahu menjadi yang pertama menyebarkan sesuatu maklumat dan berita. Disebabkan ini, setiap kejadian yang berlaku akan dirakamkan menggunakan telefon pintar masing-masing untuk disebarkan dengan tujuan ianya tular di kalangan masyarakat.

Tetapi timbul satu persoalan bolehkah kita merakam kejadian apabila kita berhadapan dengan pihak berkuasa, seperti polis contohnya? Ambil contoh satu senario “Ali ditahan oleh polis dalam satu sekatan jalanraya pada jam 1 pagi”. Bolehkah Ali merakam kejadian ini?

Sebelum kita pergi lebih jauh, kita perlu tahu dan faham bahawa tiada undang-undang di Malaysia ini yang menghalang seseorang itu dari menangkap gambar atau merakam video orang lain di tempat awam. Tapi dalam masa yang sama, kita sama sekali tidak dibenarkan mengambil gambar berunsur lucah atau apa-apa yang boleh menjejaskan reputasi seseorang.

Fahami Seksyen 509 Kanun Keseksaan

Seksyen 509 Kanun Keseksaan menyatakan, “Barang siapa dengan maksud hendak mengaibkan kehormatan seseorang, menyebut apa-apa perkataan, membuat apa-apa bunyi atau isyarat, atau menunjukkan apa-apa benda, dengan maksud supaya perkataan atau bunyi itu didengar, atau supaya isyarat atau benda itu dilihat oleh seseorang itu, atau mengganggu kesantunan seseorang itu, hendaklah diseksa dengan penjara selama tempoh yang boleh sampai lima tahun, atau dengan denda, atau dengan kedua-duanya”.

Jadi dapat difahami di sini, jika anda mengambil gambar seseorang di dalam tempat tertutup (tandas/bilik) dengan niat mahu menjejaskan reputasinya, dan gambar pula terdapat unsur lucah, maka anda mungkin boleh dipenjara sehingga 5 tahun. Contoh di Malaysia mungkin ada tetapi terpencil, namun di Indonesia, vokalis Peterpan dihukum penjara berkaitan ini.

Tetapi bagaimana pula dengan senario Ali ditahan oleh polis dalam satu sekatan jalanraya pada jam 1 pagi”. Bolehkah Ali merakam tindakan anggota polis tersebut? Jawapannya, jika Ali merasakan tindakan polis tersebut tidak wajar, maka Ali boleh merakam tetapi bersyarat.

Syarat pertama, tindakan merakam itu tidak mengganggu anggota polis tersebut menjalankan tugasnya. Ali boleh merakam tetapi janganlah sambil merakam sambil membuat provokasi sehingga polis tersebut terganggu tugasnya. Jika polis merasakan tugasnya diganggu, Ali boleh ditangkap kerana mengganggu/menghalang penjawat awam jalankan tugas. Ingat, mengganggu atau menghalang penjawat awam menjalankan tugas merupakan satu kesalahan jenayah dibawah Seksyen 186 Kanun Keseksaan.

Syarat yang kedua adalah berbudi bahasa. Adalah lebih baik sekiranya Ali memohon kebenaran terlebih dahulu untuk merakam kejadian ini dan terangkan apa tindakan pihak polis tersebut yang Ali rasakan tidak wajar sehingga beliau perlu merakam.

Syarat ketiga, jangan fitnah pihak polis. Selepas merakam berkemungkinan besar Ali akan menularkan video tersebut di media sosial. Tetapi Ali harus ingat, memfitnah pihak berkuasa melakukan tugasnya adalah suatu kesalahan. Ali tidak boleh membuat “caption” pada video tersebut seolah-olah tindakan polis menahannya di sekatan jalanraya adalah disebabkan polis tersebut mahu wang darinya. Ini merupakan fitnah kepada penjawat awam yang melakukan tugas. Melainkan dalam video tersebut sudah terang lagi bersuluh memang terdapat perkataan yang dituturkan oleh polis yang mahukan Ali memberinya wang untuk dilepaskan.

Jadi kesimpulannya, anda boleh merakam jika anda merasakan tindakan polis tersebut tidak wajar. Namun sekiranya anda sendiri yang bersalah dan tidak mengikuti syarat untuk membuat rakaman, adalah lebih baik jangan merakam kerana dikhuatiri akan menjadi “senjata makan tuan”.

“Fight Injustice Everywhere”

Dato’ Sri Sanjeevan Ramakrishnan

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