Blogging & freedom of speech
“Freedom of speech? Of course we have it in Malaysia! You can say anything you want in your speech. Its your freedom after your speech that is in question!” (Legallyblawg.com 2007).
Freedom of speech is not the passport for anyone to say anything and everything anywhere. But of course, everyone has the right to speak, infact to say whatever they want. There is no turning back after something is said, as we all know, the problem comes after the speech is made. One has to bear the consequences of the contents of the things said that might offend others, or if the law disagrees with our right to say it. (VanFossen 2007)
Every Malaysian citizen is guaranteed the freedom of speech and expression, the right to assemble peaceably withour arms and the right to form associations just as stated in Article 10 (1) of the Federal Constitution of Malaysia. But sadly, the right to freedom of expression is not absolute in Malaysia.
According to Article 10(2)(a), the Parliament has the right to impose restrictions on these "rights in the interest of the security of the Federation, friendly relations with other countries, public order, morality; and restrictions designed to protect the privileges of Parliament, to provide against contempt of court, defamation, or incitement to any offence." (Legallyblawg.com 2007). As long as it is found as a national threat to the country, it is seen as a violation to the law.
“Freedom of speech? Of course we have it in Malaysia! You can say anything you want in your speech. Its your freedom after your speech that is in question!” (Legallyblawg.com 2007).
Freedom of speech is not the passport for anyone to say anything and everything anywhere. But of course, everyone has the right to speak, infact to say whatever they want. There is no turning back after something is said, as we all know, the problem comes after the speech is made. One has to bear the consequences of the contents of the things said that might offend others, or if the law disagrees with our right to say it. (VanFossen 2007)
Every Malaysian citizen is guaranteed the freedom of speech and expression, the right to assemble peaceably withour arms and the right to form associations just as stated in Article 10 (1) of the Federal Constitution of Malaysia. But sadly, the right to freedom of expression is not absolute in Malaysia.
According to Article 10(2)(a), the Parliament has the right to impose restrictions on these "rights in the interest of the security of the Federation, friendly relations with other countries, public order, morality; and restrictions designed to protect the privileges of Parliament, to provide against contempt of court, defamation, or incitement to any offence." (Legallyblawg.com 2007). As long as it is found as a national threat to the country, it is seen as a violation to the law.
Schriver (1997) explained that reading is an activity shared by everyone. Both the different perspective between individual readers and others are important and have to be taken into consideration. An individual may want to voice out his or her opinion. But, people with different cultures, values and beliefs reads it, they might find it hard to digest, some might even feel offended. This can been seen just as how the political bloggers and the Malaysian government are now.
At the same time, posting offensive and sensitive images on blogs spell trouble. People with social, cultural, values, beliefs and knowledge differences, will interpret the image differently. These pictures often get in the way of the readers. (Schriver 1997)
Over the years, there were on going news on issues of how the Malaysian goverment is dealing with the overwhelming amount of blogs that were blooming. One of the Malaysian Minister tried to impose laws requiring all bloggers to register with the government, to make the process of controlling blogs easier. Datuk Kong Cho Ha, a technology minister, said that these laws were implemented in order to prevent bloggers from circulating and spreading disharmony, chaos, seditious materials and lies. (Walker 2006)
"All Malaysian news-based blogs could be forced to register with the ministry of information," the minister said. (Walker 2006)
Malaysian blogger, Vincent Chow said that he finds this new law an impossible thing to do. Unless all Malaysian bloggers are using the same and only blog platform, host and system, there is a possibility that the new law might work. However, since this is not the case, registering all bloggers is one of the hardest thing he can ever think of. (Walker 2006)
Other bloggers like the Malaysia Bloggers Forum commented saying blogs were not the only platform that is able to spread information. What about emails, websites, community forums, SMS, and so on? How many things could the goverment actually control? (Walker 2006)
True enough, the plan was scrapped due to the many loopholes and thousands of unanswered questions that made the plan seemed almost impossible to be carried out. The government is still cracking their heads over the matter. They tried to use a softer approach to respond to bloggers more feasibly than to appear as opposing them (Masnick 2008) , as the saying goes, "if you can fight them, join them".
"All Malaysian news-based blogs could be forced to register with the ministry of information," the minister said. (Walker 2006)
Malaysian blogger, Vincent Chow said that he finds this new law an impossible thing to do. Unless all Malaysian bloggers are using the same and only blog platform, host and system, there is a possibility that the new law might work. However, since this is not the case, registering all bloggers is one of the hardest thing he can ever think of. (Walker 2006)
Other bloggers like the Malaysia Bloggers Forum commented saying blogs were not the only platform that is able to spread information. What about emails, websites, community forums, SMS, and so on? How many things could the goverment actually control? (Walker 2006)
True enough, the plan was scrapped due to the many loopholes and thousands of unanswered questions that made the plan seemed almost impossible to be carried out. The government is still cracking their heads over the matter. They tried to use a softer approach to respond to bloggers more feasibly than to appear as opposing them (Masnick 2008) , as the saying goes, "if you can fight them, join them".
These are the few questions that we should ask ourselves:
Is it ethical to censor the Internet? How do we actually define ethics?
Yes its true that the Internet has its own rules and regulations (Electronic Rights and Ethics) that all Internet users should abide. But, are they really following and obeying them?
It is indeed very hard to set a standard for all to follow. Users can choose to or not to obey, the decision is not for us to make. Everybody plays a part in it.
References
1. Funnell, A. 2008, 'The Blogging Revolution', The Media Report (Online accessed 8 June 2009)
URL: http://www.abc.net.au/rn/mediareport/stories/2008/2351985.htm
2. Masnick, M. 2008, As Bloggers Take Office In Malaysia, Gov't Orders ISPs To Block Certain Blogs (Online accessed 9 June 2009)
URL: http://www.techdirt.com/articles/20080828/2301332130.shtml
3. Merel, P. 1996, Electronic Rights and Ethics (Online accessed 11 June 2009)
URL: http://www.efa.org.au/Publish/ere.html
2. Masnick, M. 2008, As Bloggers Take Office In Malaysia, Gov't Orders ISPs To Block Certain Blogs (Online accessed 9 June 2009)
URL: http://www.techdirt.com/articles/20080828/2301332130.shtml
3. Merel, P. 1996, Electronic Rights and Ethics (Online accessed 11 June 2009)
URL: http://www.efa.org.au/Publish/ere.html
4. Schriver, K.A. 1997, Chapter 6 in Dynamics in document design.
5. Walker, P. 2006, Malaysia's mission unbloggable, Guardian.co.uk (Online accessed 8 June 2009)
URL: http://www.guardian.co.uk/news/blog/2006/dec/05/malaysiablogb
6. VanFossen, L. 2007, 'Blogging Freedom of Speech: Can You Really Say Whatever You Want?', The Blog Hearld (Online accessed 8 June 2009)
5. Walker, P. 2006, Malaysia's mission unbloggable, Guardian.co.uk (Online accessed 8 June 2009)
URL: http://www.guardian.co.uk/news/blog/2006/dec/05/malaysiablogb
6. VanFossen, L. 2007, 'Blogging Freedom of Speech: Can You Really Say Whatever You Want?', The Blog Hearld (Online accessed 8 June 2009)
I really do not think we bloggers should be force to register under the minister as long as we stay under our limits...
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