Cake on face prank on handicap's guardian could amount to minor offence, says lawyer

11 Dec 2022 04:19pm
The incident is believed to have taken place at Setia Ecohill Park in Semenyih.
The incident is believed to have taken place at Setia Ecohill Park in Semenyih.

SHAH ALAM - What's a party without pulling a prank but if it goes too far?

Commenting on a now-deleted TikTok video that went viral with a 'cake on face' prank on a handicap guardian, lawyer Fatihah Jamhari said such pranks tantamount to public nuisance despite being done in the name of a "social experiment".

"Call it whatever you want but the minute it disrupts public peace, including invoking sentiment of annoyance from the public, a report can be filed against the perpetrators and they can be investigated and thereon charged," she said to Sinar Daily.

It is believed that the incident took place at Setia Ecohill Park in Semenyih.

The TikTok handle named @daing.ellando in a separate video explained the real story behind the prank.

The woman was asked to pretend to be a mother taking her disabled son for a walk, which she agreed to.

In this case, Fatihah urged the public to file a police report on this issue. "As to my understanding, the victims felt annoyed or disturbed or insulted by the act", she said, adding that a report could be lodged.

Fatihah said cops could probe under Minor Offences Act and the Malaysian Communications and Multimedia Commission (MCMC).

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She said there are two ways for legal action to be taken. First is the cops would forward their investigation papers to the Attorney General's Chambers (AGC) to decide if it is strong enough to prosecute or a civil action where any injured party or anyone aggrieve by the act could file a suit.

Commenting further, OKU activist Datuk Ras Adiba Radzi expressed her utmost disappointment with the prank involving a disabled person.

"The prank is totally unwise, sensitive and disrespectful to others.

"If you want to make content, make sure the content is thoughtful not something which makes fun of people and degrades someone.

"What he (TikToker) did was attacking someone and that is a mistake, the prank victim should take legal action and file a police report otherwise in the future such pranks will be continued," she said.

Ras Adiba also stressed that anyone be it a normal or disabled person should stand up for themselves and defend their rights.

"If I was there (at the incident place) I would ask the victim to make a police report.

"If people do such prank to us, we have to stand up and defend our rights as people who take care of the disabled," she said.