A law expert contended which the new legislative addition to the Evidence Act 1950 does not violate the legal principle which the chairman is trusting until proven guilty as it still gives space for the counterclaim of the accused.
"There is no defilement of the hypothesis of innocence... there is still room as well as space for the indicted to defend him or herself," pronounced Universiti Islam Antarabangsa law techer Shamrohayu A Aziz *at the forum discussing the argumentative legislative addition in Kuala Lumpur today.
She argued which the hypothesis in Section 114A which the chairman who owns or controls the webpage, device or tie used to broadcast factious materials as automatically accountable as well as presumed to be the publishing house is usually an assumption of fact as well as can be countered by alternative justification which can oppose the corruption by balance of probabilities.
"There is no defilement of the hypothesis of innocence... there is still room as well as space for the indicted to defend him or herself," pronounced Universiti Islam Antarabangsa law techer Shamrohayu A Aziz *at the forum discussing the argumentative legislative addition in Kuala Lumpur today.She argued which the hypothesis in Section 114A which the chairman who owns or controls the webpage, device or tie used to broadcast factious materials as automatically accountable as well as presumed to be the publishing house is usually an assumption of fact as well as can be countered by alternative justification which can oppose the corruption by balance of probabilities.
Furthermore, she pronounced which in any criminal hearing underneath the Sedition Act or the Communications as well as Multimedia Act where the chairman is dragged prior to the probity regulating 114A, the charge will still have to infer the first corruption over the reasonable doubt.
She believed which such "legislative interference" with individual rights was required to protect the rights of society as the whole as well as balance it opposite inhabitant security, interest as well as harmony, as well as is fine as prolonged as the space for counterclaim she mentioned upon top of have been given.
Some cases, she posited, have been possibly so critical as well as presents too most ! of the c hallenge in justification entertainment which it would require such presumptions of fact to be used.
Shamrohayu pronounced which such unrelenting meassures have been required as it is "the price we have to pay for online advancement", with the laws being the usually safeguard opposite prevalent slander upon the Internet, exclusive permitting vigilante probity where victims can hunt down as well as kick up their slanderers.
"It will learn society to be some-more responsible, aware as well as considerate.
"Use the bigger close for your website. Be wary of confidence matters," reasoned the lecturer.
'A weapon to make charge easier'
Meanwhile, former deputy open prosecutor Salehuddin Saidin, who also spoke during the forum defended the legislative addition as "a weapon" for the charge when faced with the daunting task of fingering elusive online slander or mutiny suspects.
"The weight of explanation was upon the charge as well as it is d! ifficult to prove. That was because 114A was formulated.
"It creates it easier for the charge to drag those suspected of slander to be prosecuted in court.
"The weight is right away upon the defence, to oppose it," he said.
Salehuddin (left in photo, with Shamrohayu), however, simplified which 114A usually concerns what justification can be brought prior to the trial, in this box the ownership of the means by which slander or mutiny was allegedly transmitted.
The tangible charge for such offences, he said, is underneath alternative laws.
He explained which 114A is not an corruption law as well as does not yield for any punishments to those called up underneath it, except as has been prescribed in Acts used to charge them.
'AG may have been misquoted'
The distinguished counsel also disputed the English daily New Straits Times' inform quoting the attorney-general explaining the matter upon the front page yesterday as being not quite correct.
"I do not know, maybe the inform misquoted him, as what he appeared to report was the Act, how it was prior to the amendment.
"As of now, the weight of explanation is no longer upon the prosecution," simplified Salehuddin.
The forum, organized by the Information Communication as well as Culture Ministry, sought to address the open cheer by the opposition as well as netizens opposite the not long ago passed amendment, with many contending which it is the crack of the legal basement which the single is trusting until proven guilty as well as is the pierce to indirectly control the internet as well as shorten leisure of expression online.
The government, however, maintained which it is the required tool for it to go after mostly elusive perpetrators behind the new direction of mutiny as well as slander online.
Read More @ Source She believed which such "legislative interference" with individual rights was required to protect the rights of society as the whole as well as balance it opposite inhabitant security, interest as well as harmony, as well as is fine as prolonged as the space for counterclaim she mentioned upon top of have been given.
Some cases, she posited, have been possibly so critical as well as presents too most ! of the c hallenge in justification entertainment which it would require such presumptions of fact to be used.
Shamrohayu pronounced which such unrelenting meassures have been required as it is "the price we have to pay for online advancement", with the laws being the usually safeguard opposite prevalent slander upon the Internet, exclusive permitting vigilante probity where victims can hunt down as well as kick up their slanderers.
"It will learn society to be some-more responsible, aware as well as considerate.
"Use the bigger close for your website. Be wary of confidence matters," reasoned the lecturer.
'A weapon to make charge easier'
Meanwhile, former deputy open prosecutor Salehuddin Saidin, who also spoke during the forum defended the legislative addition as "a weapon" for the charge when faced with the daunting task of fingering elusive online slander or mutiny suspects.
"The weight of explanation was upon the charge as well as it is d! ifficult to prove. That was because 114A was formulated.
"It creates it easier for the charge to drag those suspected of slander to be prosecuted in court.
"The weight is right away upon the defence, to oppose it," he said.
Salehuddin (left in photo, with Shamrohayu), however, simplified which 114A usually concerns what justification can be brought prior to the trial, in this box the ownership of the means by which slander or mutiny was allegedly transmitted.The tangible charge for such offences, he said, is underneath alternative laws.
He explained which 114A is not an corruption law as well as does not yield for any punishments to those called up underneath it, except as has been prescribed in Acts used to charge them.
'AG may have been misquoted'
The distinguished counsel also disputed the English daily New Straits Times' inform quoting the attorney-general explaining the matter upon the front page yesterday as being not quite correct.
"I do not know, maybe the inform misquoted him, as what he appeared to report was the Act, how it was prior to the amendment.
"As of now, the weight of explanation is no longer upon the prosecution," simplified Salehuddin.
The forum, organized by the Information Communication as well as Culture Ministry, sought to address the open cheer by the opposition as well as netizens opposite the not long ago passed amendment, with many contending which it is the crack of the legal basement which the single is trusting until proven guilty as well as is the pierce to indirectly control the internet as well as shorten leisure of expression online.
The government, however, maintained which it is the required tool for it to go after mostly elusive perpetrators behind the new direction of mutiny as well as slander online.
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