PUTRAJAYA: Home Minister Datuk Seri Saifuddin Nasution Ismail has reaffirmed that police officers are not permitted to arbitrarily inspect mobile phones without a valid basis, addressing rising concerns about potential misuse of power by law enforcement.
In a press briefing ahead of the Asia International Security Summit and Expo (AISSE 2025), Saifuddin emphasized that any mobile phone inspection by police must align with established laws and only occur under specific circumstances, such as credible intelligence linking an individual to criminal activities.
“It’s not about stopping any random person on the street. Police actions must be grounded in law and intelligence,” he said. Saifuddin encouraged the public to lodge formal complaints if they believe their phones were searched without justification.
Balancing Security and Civil Liberties
The issue gained traction following Inspector-General of Police (IGP) Razarudin Husain’s claim that officers ranked inspector or higher could inspect mobile phones under the Criminal Procedure Code (CPC) and Communications and Multimedia Act (CMA) 1998 when there is suspicion of criminal conduct.
Rights groups, including Lawyers for Liberty and the Human Rights Commission of Malaysia (Suhakam), criticized Razarudin’s statement, labeling it “legally untenable” and a threat to civil liberties. Suhakam urged the government to clarify the legal scope of such actions and advised citizens to document incidents and file complaints for any unwarranted searches.
Saifuddin has called for a dialogue between the IGP and Suhakam to resolve ambiguities and educate the public on their rights. He underscored the need for balance, noting that while intelligence may flag individuals as security risks, current laws limit police actions in certain cases.
“Intelligence may indicate a potential threat, but without specific legal provisions, police must act within the existing framework,” Saifuddin said. “It is critical that we address these gaps without undermining human rights.”
Legal Provisions for Inspections
Razarudin defended the authority of police officers under certain sections of Malaysian law:
Section 23(1) of the CPC: Allows checks to prevent the dissemination of obscene or threatening material.
Section 233 of the CMA 1998: Pertains to the misuse of network facilities for offensive communications.
Section 292 of the Penal Code: Addresses the possession of obscene materials as a criminal offense.
However, Suhakam reiterated that such inspections are strictly limited to cases involving active investigations, reasonable grounds of suspicion, or ongoing criminal cases. Arbitrary checks, especially at roadblocks, are not permissible.
Public Advice and Accountability
Both Saifuddin and Suhakam advised individuals to document incidents of unauthorized searches by recording the location, officer’s details, and filing complaints with the police and Suhakam’s complaints system. Saifuddin also urged citizens to be vigilant and use legal channels to report violations, as “there is nothing stopping the public from filing police reports.”
This dialogue underscores the need for transparent enforcement mechanisms and stronger legal clarity to protect both public security and civil liberties.
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