Bar: Set up taskforce for controversial Evidence Act
13 Aug 2012, The Sun Daily
PETALING JAYA (Aug 13, 2012): A taskforce comprising civil society, industry players and technology experts should be set up to address concerns surrounding the controversial Section 114A of the Evidence Act 1950, the Malaysian Bar urged today.
The taskforce must formulate a comprehensive legislation that would balance the rights of reputation, property, free speech or privacy.
"The Science, Technology and Innovation Ministry and the Malaysian Communications and Multimedia Commission should take the lead in this process.
"The taskforce should then be entrusted with drafting a 'White Paper' to set the parameters to address such concerns. The White Paper could then be the subject of a public consultation," Bar Council president Lim Chee Wee said in a statement.
Lim said while the Bar acknowledges that individuals hiding behind false names could incite racial hatred, incite and organise violent hate crimes and commit fraud, they yet escape being identified.
"There is a need for some statutory intervention to ensure that anonymity on the internet will not provide an escape from the consequences of such criminal actions, but Section 114A is not the answer to these problems," said Lim.
"Such wide and draconian provisions find no equivalent in modern democracies such as Australia, Canada, United Kingdom or United States," Lim added, urging all MPs from both sides to make a bipartisan approach to the government to take immediate steps to repeal Section 114A.
As part of the ongoing protest by netizens over Section 114A, an internet blackout day has been organised by the Centre of Independent Journalism (CIJ).
This means that if an anonymous person posts content said to be offensive on your Facebook wall, or if someone "piggy-backs" on your WiFi account and uploads a controversial document, you will be immediately deemed the publisher of the content and subjected to prosecution under the relevant laws such as the Sedition Act.
Internet users visiting participating websites today will be met with a pop-up window detailing information on the protest against Section 114A, but will still be able to access the website
Lim said Section 114A would create a presumption that is so wide-ranging that even the owner of a coffee shop offering free wireless connectivity could be presumed to be the publisher.
This means that if an anonymous person posts content said to be offensive on your Facebook wall, or if someone "piggy-backs" on your WiFi account and uploads a controversial document, you will be immediately deemed the publisher of the content and subjected to prosecution under the relevant laws such as the Sedition Act.
Furthermore, if a person starts a blog in your name and publishes content that is red-flagged, you will be considered the publisher unless you can prove otherwise.
"Such wide and draconian provisions find no equivalent in modern democracies such as Australia, Canada, United Kingdom or United States," Lim added, urging all MPs from both sides to make a bipartisan approach to the government to take immediate steps to repeal Section 114A.
As part of the ongoing protest by netizens over Section 114A, an internet blackout day has been organised by the Centre of Independent Journalism (CIJ).
Internet users visiting participating websites today will be met with a pop-up window detailing information on the protest against Section 114A, but will still be able to access the website.
CIJ executive officer Masjaliza Hamzah said images from the CIJ website and Facebook page can also be downloaded while users can also change their profile pictures to black for the day.
"The day aims to create awareness among Malaysians on the recently passed Evidence (Amendment) (No 2) Act 2012, which will have a negative impact on freedom of expression online," she said.