Internet Freedom Under Threat in Malaysia?

Slug: Malaysia internet freedom Reporter: Clarence Chua Date: 14/08/2012 INTRO s nternet freedom under threat in Malaysia! "hat#s the $uestion many Malaysians are as%ing &hen a ne& section &as introduced to the '(idence )ct in )pril* t +asically creates a legal presumption that a person is the author of any content if it appears in his registered net&or% or computer* "his means, a cafe o&ner could +e hauled to court for pu+lishing defamatory statements online e(en if he#s merely pro(iding free -i./i to customers* Clarence Chua e0amines the implications that this ne& la& may ha(e on internet users in Malaysia* TEXT S/1 1: Sound of someone typing and mouse clic%s t#s "uesday, )ugust 14th* )round 42 &e+sites and popular +logs in Malaysia &ent +lac% in protest*** as )+igail de 3ries from the Center for ndependent 4ournalism e0plains* )++y clip 1 5/emale/'nglish6//: 7"o protest against this la& &e are organi8ing an internet +lac%out day* -e are getting ne&s sites, (ery prominent +loggers, one, either up.load a pop.up &indo& that e0plains &hy this &e+site is +eing +lac%ed out or t&o, if you ha(e /ace+oo% or "&itter, to change your profile pictures to +lac%*9 "he ne& section 114) automatically assumes that a person is the pu+lisher of any content as long as it appears in that person#s net&or% or computer, unless the contrary is pro(ed* S/1 2: Someone as%ing the panel $uestion* met up &ith the :ar Council#s nformation "echnology Committee Co.Chairperson /oong Cheng ;eong at a recent forum on nternet /reedom* <e says the section shifts the +urden of proof to the accused*

/oong clip 1 5male/'nglish6//: 7"here are = types of +urden, they ha(e shifted it* /irst of all is the &e+site o&ners, pu+lisher, they#re all the same thing* >ou#re deemed to +e the pu+lisher* )nd secondly is that if the content comes from your phone or your de(ice, you are deemed the pu+lisher* )nd the third one, if it comes from your internet account, then you#re deemed to +e the pu+lisher* So in normal la&, if you &ant to assert something you ha(e to pro(e it, no& it#s the other &ay round* ?o& the defendant has to pro(e it*9 n other &ords, you#ll +e held responsi+le if someone posts something on your /ace+oo% &all or lea(es a defamatory comment on your +log* )nd the section is so &ide that the presumption also applies to o&ners of cafes &ho pro(ide free &i.fi to customers* /oong says that#s +ad for +usiness* /oong clip 2 5male/'nglish6//: 7-e+sites ma%e money through traffic* ?o traffic, no ad(ertisement, no money* f you loo% at /ace+oo%, all they pro(ide is a platform* "he contents are generated +y users* )nd if /ace+oo% &ants to come to Malaysia, they &on#t, +ecause of this la&* "hey surely don#t &ant to +e lia+le to &hat their users say*9 Many free speech acti(ists feel that the go(ernment is +ac%trac%ing on its earlier promise not to censor the internet* n the 1@@0s, Arime Minister Mahathir Mohamad launched the Multimedia Super Corridor or MSC to de(elope the country#s internet communication technology sector* /ahri )88at is from the ?BC, Malaysian Centre for Constitutionalism and <uman Rights* /ahri clip 1 5male/'nglish6//: 7Mahathir said that there &ould +e no censorship of the internet* "his &as su+se$uently reflected in the MSC Malaysia :ill of Buarantees, tem D &here they actually said they &anted to +e a regional leader in intellectual property and cy+er la&s* "his has +een statutorily encoded in the Multimedia and Communications )ct, &here in section =E=F they e(en go and pro(ide that no pro(ision in that )ct should +e construed as allo&ing internet censorship*9 "he go(ernment says this is necessary to com+at terrorism and cy+er crimes since the nternal Security )ct, &hich allo&s detention &ithout trial, had +een repealed* "he contro(ersial amendment &as ta+led +y de facto ;a& Minister ?a8ri )8i8 and &as passed in )pril this year* :ut /ahri )88at says he fails to see the lin% +et&een the ne& section and threat of terrorism* nstead, he says that shifting the +urden of proof threatens indi(idual rights* /arih clip 2 5male/'nglish6//: 7"he reason simply +ecause of that, +ecause it is a+out the

protection of the indi(idual against the state* "hat has al&ays +een the +urden of proofG it is for the go(ernment to pro(e it* f there isn#t that necessity to pro(e, it opens the door for tyranny* )nd &e usually do not ha(e access to the machinery to do this, &e do not ha(e the funds to do this, &e are almost as good as +eing con(icted*9 :ut lay&er /aisal Moideen argues that the presumption of 7fact of pu+lication9 is not the only element to pro(e one guilty in court* /aisal clip 1 5male/'nglish6//: 7'(en &ithout this amendment, in any trial or proceeding the e(idential +urden &ill shift from time to time from the prosecution to the defendant, (ice (ersa* t shifts the e(idential +urden* :ut e(en if you fail to other elements of the crime still must +e pro(en and that +urden remain &ith the prosecution, remains &ith the plaintiff* Malaysia is one of the more acti(e users in social media, so it#s a timely la&* can understand the concern +ut +eing in legal practice, loo% at it as a procedural matter* t doesn#t create a ne& offence* t doesn#t attach a lia+ility, it#s only a presumption as to the fact of pu+lication*9 Cne day after the nternet :lac%out Day, Arime Minister ?aHi+ Ra8a% directed the Ca+inet to re(ie& the amendment* :ut until it is repealed or amended, the accused still has to pro(e that he#s not guilty* So is Malaysia planning to go +ac% on its promise on internet censorship! 4udging from the num+er of +lac%ed out +logs and &e+sites ES/1 =: sound of mouse clic%ingF, many acti(e nternet users certainly thin% so* "his is Clarence Chua in Iuala ;umpur for )sia Calling*