Person uploading intimate clip of couple in car could face court charges, says expert

SHAH ALAM - The individual who recorded and shared videos of a couple allegedly engaged in an indecent act in a car park in Taman Kota Masai, Pasir Gudang could be charged for intending to shame and defame them.

Universiti Islam Antarabangsa Malaysia Legal Expert Dr Mohamad Ismail Mohamad Yunus said legal action could be taken for defaming them on social media.

"They can do so by filing a police report," he told Sinar.

"The video had gone viral before any court charges. Lawyers could sue and claim for damages," he said, adding that uploading the content on social media was an offence under Section 233 of the Communication and Multimedia Act (CMA) 1998.

Tebrau MP Jimmy Puah Wee Tse on Saturday said he was prepared to offer pro-bono services to the couple.

Puah said he had been informed that the person behind the video had pretended to be a policeman and had demanded to see the couple’s identification documents.

The recording took place at 3.03pm on March 29, and went viral on TikTok recently.

The individual could be charged under Section 170 of the Penal Code for impesonating as a civil servant and under Section 506 of the Penal Code for threatening the couple, Ismail added.

Malaysia Human Rights Commission (Suhakam) Commissioner Professor Datuk Noor Aziah Mohd Awal said it is an offence to record and upload the content on social media.

"It is a breach of privacy," she said, adding that it would have an impact as those in the car were under 18 and viralling the clip would be a breach of privacy under the Children's Rights Convention.