June 7, 2012
Wake Up Middle Malaysia: You're guilty until proven innocent
www.malaysiakini.com
PODCAST For a 15th Middle Malaysia podcast, media consultant Oon Yeoh speaks to
Foong Cheng Leong, co-chair of a KL Bar IT Committee, about a brand brand new amendments to a Evidence Act.
It was Foong who initial pennyless a news about a brand brand new amendments by an essay upon a LoyarBurok blog.
He says a essay during initial didn't garner most attention. That all changed when theSun published a front-page essay based upon it. Now, everyone's articulate about a vicious implications of a brand brand new amendments.
Foong (right) gives a extended general outlook of what a brand brand new law is all about as good as explains since it should be of grave regard for all those who have use of a Internet.
He additionally gives his opinion upon opposite amicable media scenarios where a Evidence Act could be applied.Foong's concerns, however, have been not usually upon how this brand brand new law could start rapist as good as politically-charged cases but additionally polite cases.
He shows how this law could start cases connected with election offences as good as gives a real-life e.g. of a past case which substantially would have incited out very differently had a brand brand new law been in place then.
Foong, who often comments about IT issues, is totally opposite this law as good as is working towards having it repealed. Listen to Foong in this 12-minute podcast.
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Recent Amendments to Evidence Act Passed but Debate!!
The recent amendments to a Evidence Actpassed but debate during Parliament last Thursday upon May 19, 2012 obviously signals a government's intention to enlarge censorship upon a Internet.
The nice action is deeply cryptic during several levels as good as directly counters elemental approved principles. This does not bode good for democracy in Malaysia, as good as voting Malaysians should take heed of such a pierce as a serve sign of things to come, if a supervision persists in dismantling safeguards to a polite liberties as good as elemental tellurian rights.
Innocent until proven guilty
At a most simple level, a newly introduced Section 114(A) to a Evidence (Amendment) (No 2) Act 2012* has a impact of stealing a vicious hypothesis of ignorance principle, which is during a cornerstone of a rapist probity system. This element protects people opposite wrongful conviction, by ensuring which everybody has entrance to a fair trial. It additionally upholds a ideal which each chairman is a law abiding citizen until proven otherwise, as good as provides an vicious guarantee opposite abuse of energy by a supervisi! on to pl ague people by requiring any allegations to be proven beyond in accord with doubt.
If this nice law were to take effect, all 17 million internet users in Malaysia who post anything online from emails to comments to status updates will exist in a state of reputed illegality. Instead of being law abiding citizens, you have been all instead assumed to be criminals unless you can infer otherwise. A law which seeks to remove such a elemental insurance to a polite liberties cannot be done underneath a arguments of expediency, as good as really but endless as good as well-considered discuss which takes in to criticism open seductiveness as good as participation.
Punishing a victims
Datuk Seri Nazri Abdul Aziz from a Prime Minister's Department justified a need for such an legislative addition to overcome a difficulty of anonymity as good as pseudonyms in cybercrime cases. First of all, it is vicious to explain what is meant by cyber crime. Under a Computer Crimes Act 1997, a offences cited have been unapproved entrance to computers (for example, hacking in to someone's mechanism or account), together with for a purposes of committing an additional corruption (e.g. fraud), unapproved alteration of calm (e.g. installing spyware or becoming different any kind of data) as good as wrongful report exchnage of passwords. It is transparent from here which a categorical forms of cyber crimes engage someone else receiving carry out of your equipment as good as creation changes to your content, programmes or data.
So who does a legislative addition protect in cases of cyber crime? These amendments, in fact, allow hackers as good as cyber criminals to go scot-free by creation a chairman whose mechanism or criticism is hacked probable for any calm! which c ompetence have been altered. Given which some-more than 600,000 Facebook accounts have been hacked daily, this Act not usually disproportionately impinges upon a vast majority of internet users in Malaysia, it is additionally inherently flawed in logic as good as provides for a vicious miscarriage of justice.
Photo republished underneath Creative Commons licence, strange print by Stringberd upon Flickr
For example, in a increasingly familiar cases of online harassment -where women as good as girls find their names as good as images being posted upon sites underneath fake accounts created by stalkers as good as harassers a newly nice Evidence Act does not help them in attaining calibrate or justice. In fact, it places an additional weight upon them to infer their ignorance as good as re-victimises a tangible victims of cybercrimes.
In fact, a some-more learned you have been during hacking, a some-more a law protects you by assuming which a party you hacked is guilty of a offence. For example, if you wish an easy way to give difficulty to someone you dislike, you can simply create an criticism in his or her name, as good as post all kinds of cryptic calm similar to hate speech, or threats to bomb a Parliament, for example. Under a brand brand new section in a nice act, this chairman would be automatically held probable as good as supposing I'm smart enough to censor my tangible IP residence you can essentially get divided scot-free. It does not residence a issue of anonymity, as good as it usually acts to punish intensity victims.
Anonymity a pass ! element of an open internet
Freedom from notice as good as insurance of an individual's right to remoteness is one of a grounding principles of a free as good as open internet framed upon elemental tellurian rights. This includes a capability to be anonymous online, as good as to have use of encryption program should one select to do so. In most instances, anonymity is an vicious guarantee for vulnerable or marginalised individuals. For example, women who have been in situations of made at home violence need to be means to post calls for support but putting themselves during serve risk by edition their name or other identifiable information. It additionally promotes transparency as good as burden in approved governance by safeguarding whistleblowers opposite persecution by authorities for bringing to attention abuses of power.
If a supervision of Malaysia is committed to approved deliberations, transparency as good as accountability, any due measure to remove a element of anonymity online needs to be carefully thought about as good as debated critically, as good as intensity violations to a tellurian rights cannot be simply waved in reserve to have a job of military authorities easier.
Violating elemental tellurian rights
Finally, as a part of of a Human Rights Council (HRC), Malaysia has an obligation to (a) "to defend a highest standards in a promotion as good as insurance of tellurian rights" as good as (b) to "fully concur with a Council." At a May 2011 Human Rights Council session, a Special Rapporteur upon Freedom of Expression as good as Opinion, Mr Frank La Rue, presented a report upon a internet which states that, "The Internet is one of a most powerful instruments of a 21st century for augmenting transparency in a carry out of a powerful, entrance to information, as good as for facilitating active citizen appearance in office building approved societies. As such, facilitating entrance to a Internet for all individuals, with as small restriction to online calm as possible, should be a priority for all States."
He serve recommends opposite a criminalisation of legitimate expression, as good as creation internet intermediaries (including parties which yield online village forums, blogging as good as hosting services) probable for calm which is published by a services. This is since such measures will outcome in a "chilling effect", encouraging self-censorship as good as notice practices.
The amendments to a Evidence Act obviously run opposite these recommendations by placing blanket assumptions of rapist guilt upon all internet users who have use of a internet for report sell as good as expression, together with those who horde websites which allow for communication with users, e.g. criticism boxes. This law will foster a feeling of fright amongst internet users as good as outcome in occurrences such as website owners stealing criticism functions which is a pass characteristic of a internet currently as a vibrant, interactive open space for approved deliberations.
As a part of of a HRC, a supervision has an obligation to develop measures to foster free as good as open entrance as good as have use of of a internet for expression, report sell as good as approved appearance as good as debate. Not order laws which will place undue as good as jagged burdens upon a typical Malaysian open from enchanting with a space.
The newly nice Evidence Act is bad law. It adds to a fibre of other recently upheld Acts such as a ! Peaceful Assembly Act which usually acts to remove vicious safeguards to polite liberties. If a supervision of Malaysia is indeed committed to beliefs of democracy, justice, due routine as good as elemental tellurian rights, it needs to demonstrate this obviously by immediately receiving stairs to ensure which these laws do not turn an bland battle for us Malaysians to contend with, in a practice of a citizenship rights.
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* The newly enclosed Section 114A provides that:
a chairman whose name, photograph or pen name appears upon any announcement depicting himself as a owner, host, administrator, editor or sub-editor, or who in any demeanour facilitates to tell or re-publish a announcement is reputed to have published or re-published a contents of a announcement unless a discordant is proved.
a chairman who is registered with a network use provider as a subscriber of a network use upon which any announcement originates from is reputed to be a chairman who published or re-published a announcement unless a discordant is proved.
Any chairman who has in his carry out or carry out any mechanism upon which any announcement originates from is reputed to have published or re-published a calm of a announcement unless a discordant is proved. (Computer here means any data processing device, together with tablets, laptops as good as mobile phones.)
From The Sun news report, "Internet Users cry foul over Amendment to Evidence Act", May 21, 2012
Note:
To my commenters as good as readers, you have been all in risk if you have been not circumspect as good as clever with what you write upon www.dinmerican.wordpress.com.
Remember, you have be! en livin g in Malaysia where dissent, let alone democracy, is not tolerated. Sad but which is reality.
So you have selected to assuage all comments which crop up upon a blog. This Bill which was rushed by during a "last" event of Parliament upon May 19, 2012, is surprising in which you have been guilty until proven innocent. And if it becomes law, God Forbid, you have all mislaid a cherished leisure of expression. Din Merican
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