Evidence Act 1950 Amendments seriously flawed

Below is the press release from CIJ (The Centre for Independent Journalism):

26 June 2012
*Petition to stop controversial amendment handed to deputy minister*

KUALA LUMPUR - The Centre for Independent Journalism (CIJ) today handed a petition against recent amendments to the Evidence Act 1950 to deputy law minister facto law minister Datuk VK Liew in parliament.

The petition collected more than 3300 signatures and called on the government to withdraw Section 114A of the Evidence (Amendment) (No. 2) Act 2012 because it threatens freedom of expression online and presumes the guilt rather than innocence of internet users publishing content online.

CIJ director Jac sm Kee said, "The law is vague and broad enough that it has caused a lot of fear. Majority of Malaysians will err on the side of caution."

The presumption of guilt also disproportionately burdens the majority of internet users in Malaysia who are not very tech-savvy. “What can an ordinary internet user do to prove it wasn't them who published something online when the Malaysian Communications and Multimedia Commission (MCMC) itself sometimes says it doesn't have the technical resources to find the real culprits?” she told Liew.

Liew however said that many fears are misplaced and he agreed that more dialogue is needed. He also thanked the petitioners for presenting their views.

The amendment also makes Internet intermediaries --parties that provide online community forums, blogging and hosting services -- liable for content that is published through its services. This has implications on businesses such as eateries that provide free wi-fi. "If a kopitiam owner is liable for all the traffic that goes through its wi-fi, it places a lot of burden on them, in terms of monetary and human resources, to either conduct surveillance or stop providing wi-fi altogether," Kee explained.

She said the law is also in contradiction to the prime minister's speech on the eve of the last Merdeka Day, where he talked about wanting to improve the ICT infrastructure of the country. The law creates a chilling effect that hampers this economic drive.

Joining CIJ at the handover was A. Asohan, Executive Editor of Digital News Asia, and Foong Cheng Leong Co-chair of Kuala Lumpur Bar Information Technology Committee. Speaking to reporters later, Asohan said, "The fact that MPs from the both sides of the political divide did not understand the wider ramifications of this amendment shows there is a need for greater discussion. We need more legal brains on it and feedback from the industry and others like Multimedia Development Corporation (MDeC) and MCMC. Given that the BN will be announcing the digital transformation programme soon, this will be a major issue.”

Referring to the recent move by Kuala Lumpur City Hall requiring provision of wi-fi under its food and beverage business licence, Asohan said, “If businesses are being told that they must provide wi-fi access in KL but they are going to be liable for every tweet that comes out from their network, why would they want to do so? It sounds very alarmist. But it's there in black and white. It may not be the spirit of the law but it is in the letter, which makes it open to abuse.”

The controversial amendment was bulldozed through during April's parliamentary meeting which saw a raft of laws passed without debate. The amendment made news shortly after when concerns were raised by civil society as to its detrimental impacts and broad reach.

Most important role of a Member of Parliament

A report in Malaysiakini by Fauwaz Abd Aziz amd Beh Lih Yi on Apr 28, 2008 at 1:56pm:

Newly elected lawmakers took oath of office in parliament today after March 8 general elections which changed the political landscape in a swearing-in ceremony. The first Member of Parliament sworn in was Prime Minister Abdullah Badawi and he took an oath which I expect to be the same as other Member of Parliaments following him. The oath (actual name replace with just (name), you can replace it in with the name of your own favorite MP:

"I, (name), being chosen as a member of parliament, vow to honestly fulfill my obligations with all my strength.

"I pledge my true loyalty to Malaysia and vow to preserve, protect and defend the constitution"

Note the second oath - to preserve, protect and defend the Constitution. Let us hope all of them keep their oath to do that for many previous Members of Parliaments idea of a job of a MP is just keeping the voters happy by opening service center and taking care of problems of other agencies like the municipalities and City Halls, but neglected that oath to "preserve, protect and defend the constitution"