KL under fire for law on online content

Evidence Act presumes guilt, say lawyers, activists

By Teo Cheng Wee, The Straits Times, 12 Jun 2012

KUALA LUMPUR - Social activist Marina Mahathir recently alerted readers of her popular blog that someone had been circulating articles purportedly written by her online.

Her reason for doing so was not just to expose the impostor. She also wanted to highlight a new law that could land her in trouble.

Her contention is with Malaysia's new Evidence Act, which states that owners of websites, social media accounts or electronic devices are responsible for published and re-published content, whether by themselves or by people impersonating them.

One of a slew of new laws passed hurriedly in Parliament in April, the Act had gone largely unnoticed until recently, when it was put under the spotlight by lawyers and activists.

It also led to questions and renewed criticisms about Prime Minister Najib Razak's reforms, following the government's unprecedented lawsuit last month against the organisers of the April 28 Bersih rally for breaching the new Peaceful Assembly Act.

Lawyers and activists have hit out at the Evidence Act for presuming guilt - which goes against the principle that anyone charged with a crime is presumed innocent until proven guilty - and stifling freedom of expression.

"What this means for me is, if someone impersonates me and posts things which I didn't say, I would still be held liable for them. Unless I can prove that it wasn't me," wrote Ms Marina, the daughter of former prime minister Mahathir Mohamad.

"Is this justice?"

Critics have also charged that the new law makes it too onerous for Internet users, as it deems them responsible even for, say, what someone else posts on their Facebook page.

The government has explained that the Act is meant to make it easier for the authorities to clamp down on libellous statements online, which often go unpunished because it is hard to track down the offender.

Minister in the Prime Minister's Department Nazri Aziz pointed out that the authorities are often unable to take action even though a person has been aggrieved online.

"(The new law) shifts the burden to the owner of the laptop or account, so that we can get to the source," he said.

But while the law has yet to be used against anyone, it has already provoked a public backlash.

"It is absolutely right that we be held responsible for what we post and say in cyberspace," a columnist wrote in The Star newspaper on June 1.

"But only if we indeed are the ones who wrote and posted it."

Eight Bills, including a new security law to replace the unpopular Internal Security Act, were passed during an exceptionally long sitting on the last day of Parliament in April.

Opposition politicians have accused the ruling Barisan Nasional of bulldozing what the ruling coalition called "reform" Bills through Parliament before the next general election.

An online petition which has garnered 2,000 signatures so far wants the government to withdraw the Evidence Act.

The Bar Council is also working on a memorandum to be handed to the Attorney-General (AG) in the next few weeks.

"The AG indicated to us that he will consider our views and if necessary where the government agrees, to amend the new laws," said council president Lim Chee Wee.

Political analyst Khoo Kay Peng has urged the government to let the people engage and respond to allegations rather than use legislation.

"If the Najib administration is serious about its reform agenda, it should immediately pull out this amendment," he wrote on his blog.

"It is not fair to those who are serious, objective and independent in their views and opinions."