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On 1/4/2025 at 7:29 AM, bmguy said:

Can anyone help to clarify that is it an offend to have gay app in your handphone?

 

Having a gay app downloaded on your handphone should not be an issue itself. (As long as the app is not banned in Malaysia = Sugarbook in 2021).

 

However, having obscene photos downloaded or stored on your phone is an offence in Malaysia.

 

Quote:

A sales clerk of a private company was fined RM4,500 by the Magistrate's Court here today for possessing obscene photos and videos in his mobile phone last year.

A. H. was charged with possessing 80 photos, 163 videos and one electronic file (PDF) that are obscene in nature in his Samsung A50 SM-A505F/DS mobile phone at a house in Taman Jelempok Jaya, Kampung Utan Kandis, Arau here at 11.30 am on March 31, 2021.
The charge was framed under Section 292 of the Penal Code which provides for a jail term of up to three years, or a fine, or both.
 
=> Move any obscene photos/ videos from your phone to your PC or other storage.
You can send obscene photos to your email and delete it after sending from your phone.
 
 
Edited by singalion
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In relation to that recent incident (if it happened or not) I post my other post from the Penang traveller thread here also:

 

If gays in Penang are so easy targets to be bullied by the police...

 

Sitting in a car is no offence at all.

The police must have first hand evidence of any crime committed. The police must catch you in the act and cannot just suspect anything without evidence. Unless a police officer saw any "indecent act" in public, there is no reason for any investigation. Sitting in the car without any evidence or any police report made that something indecent (gay sex in public) happened is not any strong evidence.

Taking look at a phone is also not relevant for any sexual gay act.

 

In such cases I recommend to object to handing over any handphone to the police.

 

Here a summary what Malaysian lawyers recommend:

 

M’sian Lawyer Shares That Police Cannot Go Through Your Phone Randomly or Without Reasonable Cause

February 8, 2024

 

...as a general rule, members of the public are not obliged to allow policemen to check and go through their handphones.

 

...the police are not allowed to go through one’s handphone randomly or without a reasonable excuse.

 

“However, they do have grounds to search through your handphone if there has been a police report made against you, if there is an investigation being carried out against you, or if the police suspect that you are involved in a crime,”.

 

the general rule is that the police need reasonable grounds in order to do so. For example, if you were caught with drugs in your car during a roadblock, the police may then be justified to look through your chats for information on a possible dealer or supplier.

 

Where the law is concerned, a warrant is usually required for any form of search. Specifically for electronic devices, the Communication and Multimedia Act 1998 (CMA) requires there to be a warrant (Section 247) in order to confiscate and check your phone. The exception to this is if an officer ranked Inspector or above has reason to believe that waiting for a warrant would compromise the evidence/data (Section 248).

Similarly, Section 116(A) of the Criminal Procedure Code also allows the confiscation and search of an electronic device if an officer ranked Inspector or above has reason to believe that you might be involved in organized crime or security offences (such as terrorism).

 

Checking the phone on the spot requires some heavier charges or suspicion. It wouldn't apply for walking through a park within opening hours or using the toilet facilities of the park.

 

++++++++++++++++++++++++++++++++++++++++

 

=> How to react:

 

First ask for the police for their authority cards (kad kuasa) and make photos of it.

Second: for any search or asking the phone the officer must have the grade of an "Inspector".

Ask if they are Inspectors. If not, they are not permitted to check personal items.

 

Checking the phone must be linked to an investigation.

You have the right to ask what the investigation is about and what crime is laid against you.

 

Having gay content on your phone is not sufficient evidence for any crime. Same goes for dating apps.

It is not against the law to have gay dating apps on your phone (even in Malaysia).

 

Don't get intimidated by the police.

Police must always catch you in the act.

The Padang Polo is open to the public 24 hours. (according to the website).

As long as the police did not catch you in the act (sex act in the toilet or outside), there is no reason for holding you.

 

Any member of the public can leisurely walk the grounds (but better to wear some sports wear).

 

Last point: Never pay anything. Don't even negotiate or start negotiating.

Don't get intimidated by any threats of being arrested.

Stay cool.

 

In most cases asking for the police authority cards, the officers probably will start getting more careful and know that you don't allow them to bully you. If they object to taking photos or their cards, write down the details.

 

 

To that friend I recommend if he made any payment under threat and extortion (which is corrupt) to make a report at the Independent Police Conduct Commission (Suruhanjaya Bebas Tatakelakuan Polis)

The friend whose phone was inspected and monies paid illegally may file a complaint to the Independent Police Conduct Commission (IPCC).

 

 

There will be no change if gays don't object being bullied by corrupt police officers.

Such police officers must be suspended from service.

 

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On 1/4/2025 at 6:59 PM, DaveC said:

I'm not in the law enforcement industry. No comments on your statement. 
If you think we're an open secular country who embraces LBGT+, then one shouldn't scare nor hide in the closet and practise openly like our neighbouring country at the small southern island. 

 

Remember the rainbow coloured/themed Swatch watches last year? 

 

Why not go with what your previous Tourism Minister said in public?

 

Malaysia's tourism minister claimed there are no gay people in his country, which has a population of 32 million

When asked whether LGBT tourists would be safe in the conservative, majority-Muslim country on Tuesday, Datuk Mohammaddin bin Ketapi said, according to Germany's Berliner Morgenpost: "Homosexuality? I think we do not have such a thing in our country. Whether it's safe or not, I can not answer."

 

https://www.businessinsider.com/malaysia-tourism-minister-claims-no-gay-people-in-country-2019-3

 

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On 1/4/2025 at 7:14 PM, ltr said:

That's merely the politicians who playing all these games. Likewise if really unlucky to let cop discover having all these apps in your device, back to my  fundamental point nothing to worry and fear about as I believe everyone here has their own rights. ✌️

 

The point here is:

 

Being gay itself is not a crime in Malaysia.

 

But committing gay sex acts is a crime in Malaysia.

 

Just note the difference.

 

You are right in saying: Any enforcement officer must catch you in  a gay sex act or having evidence of a gay sex act (aka the famous now PM crime case in 2008)...

 

 

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4 minutes ago, singalion said:

 

The point here is:

 

Being gay itself is not a crime in Malaysia.

 

But committing gay sex acts is a crime in Malaysia.

 

Just note the difference.

 

You are right in saying: Any enforcement officer must catch you in  a gay sex act or having evidence of a gay sex act (aka the famous now PM crime case in 2008)...

 

 

Strictly gonna emphasize here. Zero tolerance towards those cops abusing their power trying to threaten ppl by accessing devices belonging to anyone else which can lead to traumatic insecure privacy.

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On 1/15/2025 at 1:02 PM, singalion said:

 

Having a gay app downloaded on your handphone should not be an issue itself. (As long as the app is not banned in Malaysia = Sugarbook in 2021).

 

However, having obscene photos downloaded or stored on your phone is an offence in Malaysia.

 

Quote:

A sales clerk of a private company was fined RM4,500 by the Magistrate's Court here today for possessing obscene photos and videos in his mobile phone last year.

A. H. was charged with possessing 80 photos, 163 videos and one electronic file (PDF) that are obscene in nature in his Samsung A50 SM-A505F/DS mobile phone at a house in Taman Jelempok Jaya, Kampung Utan Kandis, Arau here at 11.30 am on March 31, 2021.
The charge was framed under Section 292 of the Penal Code which provides for a jail term of up to three years, or a fine, or both.
 
=> Move any obscene photos/ videos from your phone to your PC or other storage.
You can send obscene photos to your email and delete it after sending from your phone.
 
 

Thank you so much for such detail and knowledgeable clarification...... i know my right now

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