Thursday, April 30, 2009
My very first article at elawyer.com
Please visit http://www.elawyer.com.my/blog/bloggers-should-tell-the-truth/ for the article.


Bloggers should tell the truth?


Have you ever think of the consequence of posting unfavourable comment about someone or some issues on your blog even though you are fully aware of your right to voice your opinion?
Recently the newly appointed Minister of Information, Communication and Culture Datuk Seri Dr Rais Yatim, was quoted by the Sun (April 16, 2009) as saying that: “Bloggers who “twist the truth” should face the music and be held accountable…”.


The Communications and Multimedia Act 1998 (Act 588) was specifically quoted by Datuk Seri Dr Rais Yatim as crucial law governs the rights of people to communicate through the Internet. Therefore, it is worthwhile to look at the general offence for giving false and misleading statement in the said Act 588 which stated clearly that a person who knowingly gives false information, commits an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding six months or to both.
In additon, Malaysian bloggers should also take note of other legislations which frequently used by the Government to “go after” bloggers such as the Sedition Act 1948 (Act 15), the Internal Security Act 1960 (Act 82) and Defamation Act 1957 (Act 286). One good example is Raja Petra’s detention without trial under the draconian Internal Security Act which has drew sharp criticisms from politicians and civil rights activists. Raja Petra was charged in a sessions court here under Section 4(1)(c) of the Sedition Act 1948 with publishing a seditious article titled “Let’s Send the Altantuya Murderers to Hell” in his blog www.malaysia-today.net on April 25, 2008.


Another instances, after the arrest of Raja Petra, Abdul Rashid Abu Bakar was arrested on 7 August, 2008 under Seditions Act in Malaysia is whose blog is Penarik Beca (trishaw peddler).
Although Datuk Sei Dr Rais Yatim emphasized that the government is not looking to find faults on bloggers and internet users but rather wants them to adhere to the guidelines and law to make sure the internet which acts as an alternative media, was not misused or exploited.
Therefore, it is advisable for bloggers to ensure the content of their blog is true and accurate as stated clearly by a lawyer cum blogger, Mr. Nizam Bashir during a talk about Blogging & Law organised by us, elawyer, on 14 March, 2009 that: “the strongest defence for defamation is justification. If you express an opinion or the facts are reasonably accurate and it is published in the interest of the public then it is acceptable.”
posted by ariestsy @ 12:00 AM  
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