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Backtracking is not good. MCMC Chairman Dr Halim Shafie should be removed. Let me tell you why.

The Malaysian Communications and Multimedia Commission was established under a Parliamentary act, namely the Malaysian Communications and Multimedia Commission Act 1998 (or Act 589).

Given the status of a Commission, its chairman is to assume all powers stipulated in but not limited to PART III - POWERS AND FUNCTIONS OF COMMISSION of the Act, as "may be necessary for, or in connection with, or reasonably incidental to, the performance of its functions under the communications and multimedia laws".

There must be rule of law in this country. By merely providing dissenting views, the Opposition leaders did not violate any of the communications and multimedia laws of Malaysia.

As such, Dr Halim's directive dated June 7 demanding to ban and banish Opposition leaders and their speeches from all local private TV and radio stations is ultra vires the law(s) vested in his good office.

Click here for larger image of the June 7 directive from MCMC

Ministry wants MCMC directive revoked

Meanwhile, according to Malaysiakini, the government today ordered MCMC to withdraw its directive with immediate effect.

Energy, Water and Communications Minister Dr Lim Keng Yaik told reporters of the government's instruction in the Parliament lobby today. "Whatever the reason, MCMC should not have issued the letter as it is not in line with our policy," he was quoted as saying in Star Online.

It came about after Speaker Ramli Ngah Talib had rejected an urgent motion to debate the directive moved by Tan Kok Wai (DAP-Cheras).

Tan said MCMC’s directive suppressed freedom of information while the Speaker rejected Tan's motion on the ground that it does not need immediate action under Standing Order 18(2).

The story shouldn't end just there.

I say this tired and retired public servant should be removed. He is the same bugger who refused to act on the SMS Scammers.

Under Section 50 of the Malaysian Communications and Multimedia Commission Act 1998, the Chairman of MCMC is deemed a public servant within the meaning of the Penal Code (Act 574). Dr Halim is thus not absolved from the law of the country.

Even after the MCMC directive has been removed, there's no guarantee that the private TV stations -- all owned by parties closely linked to Umno -- will voluntarily comply.

The law is law, and Dr Halim has wrongly taken it in his own hands and acted contrary to the basic expectation of good governance. He violated the provisions of Act 589, and he violated the very policy set forth by the government he served. His service as a guardian of the communications and multimedia laws of the country is no longer tenable. He has to go.

Do us a favour, and for the sake of Malaysia, remove that piece of dead wood and spare us further international embarrassment.