Stop Section 114A!


Update 2: theStar reports – The Cabinet is carefully studying Section 114A of the Evidence Act 1950 in line with Prime Minister Datuk Seri Najib Tun Razak’s directive, after it became a much discussed matter in cyberspace. Information, Communications and Culture Minister Datuk Seri Dr Rais Yatim said Wednesday the Government held a firm stand on the matter but so far, there were no plans to make new amendments to the Act.

If I were you, I would not lose my breath over this “Cabinet carefully studying…after Najib’s directive”. Now they have the edge (after all, the Act have been passed by the Parliament), you think they going to let go just like that?

Update 1: I do not know who this Fatimah Zuhri is (a BN cyber trooper?) but running through her “arguments” in support for Section 114A, it is clear she is missing a point in her support for Section 114A (no doubt the amendments have its merits as highlighted by her). The point that she missed is on the burden of proof shifting to the accused. She says that yes, the accused is now guilty until proven innocent but then goes on to say that if one is innocent, then it is easy to prove it so.

This argument is seriously flawed as 1. under our legal system, one always presumed to be innocent until proven guilty, so why the sudden shift then? Will the resources be made available by the authorities for the accused to prove the innocence? and 2. she is talking about proving your innocence using IP & MAC address – is she a computer expert on cyber crime or she is just a casual PC user who knows nothing more than using some easy Microsoft programs and surf the net.

Look at the comments by one Ah Beng under her post and you will realised that proving your innocence using IPs & MAC Addresses may be futile if the real perpetrators are experts in covering their tracks (there are plenty of tools on the net just for that) and since you are presumed guilty until proven innocent, you are screwed. There seems to be a clear loophole on the horizon (since it does not stop anyone who is not happy with what has been written online from hiring certain experts to hack and create trouble for the writers under Section 114A) and that should not be the case.

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Read these first:-

They have been trying to censor the internet for ages now but so far their attempts have whacked them back on their face. This seems to be the latest of their attempt to censor what is said & discussed on the net but this time around, it is coming through the “back door” via the Evidence Act 1950

From Stop114A:-

How does Section 114A affect you?

Titled “Presumption of Fact in Publication”, Section 114A holds the following people accountable for publishing content online:

(1) those who own, administrate, or edit websites open to public contributors, such as online forums or blogs;

(2) those who provide webhosting services or Internet access; and

(3) those own the computer or mobile device used to publish content online.

In other words, if allegedly defamatory content is traced back to your username, electronic device, and/or WiFi network, Section 114A presumes you are guilty of publishing illicit content on the Internet.

But what if you were the victim of identity theft and a hacker wrongfully used your Twitter or Facebook account to post defamatory content?

Under Section 114A, you are still considered guilty until proven innocent.

What is wrong with Section 114A?

Section 114A is problematic for a number of reasons:

i) It disproportionately burdens average Internet users who are wrongfully accused of publishing seditious or defamatory content.

ii) It makes Internet intermediaries–parties that provide online community forums, blogging and hosting services–liable for content that is published through their services.

iii) It allows hackers and cyber criminals to be free by making the person whose account/computer is hacked liable for any content/data which might have changed.

iv) It is a bad law passed in haste and does not take into account public interest and participation.

Click the image below for more details:-

(All images sources: http://stop114a.wordpress.com/)

RPK Revelation


UPDATE: Read Art Harun’s The RPK Factor as why we should not blame RPK for the revelations on Anwar

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Talk about bad timing for Anwar…

(Once a thorn for the ruling party, RPK’s latest admission has played in favor of the ruling party and at the right time too – when Sarawak State Elections is just around the corner. Najib can breathe a bit better now, we are pretty sure. Image source: http://www.selangortoday.wordpress.com)

Always been the man with controversy, RPK’s latest admission will not only put a dent on Anwar Ibrahim who not only facing sodomy charges but also entangled with sex video, it also puts a severe creditability poser on RPK himself and Malaysia Today.

From TheStar:-

Controversial fugitive blogger Raja Petra Kamaruddin had doubts about his statutory declaration (SD) implicating Prime Minister Datuk Seri Najib Tun Razak and wife Datin Seri Rosmah Mansor in the murder of Mongolian Altantuya Shaariibuu.

In a sensational interview over TV3 last night, Raja Petra said he had made the allegations on the belief that the order came from PKR adviser and Opposition Leader Datuk Seri Anwar Ibrahim.

The Malaysia Today founder and editor said his SD in 2008 which stated he was reliably informed that Rosmah was among those present at the crime scene on Oct 19, 2006 when Altantuya was killed was based on information and demand by several individuals aimed at preventing Najib from becoming prime minister.

Ok, it somehow clears Najib and his wife from the murder allegations but it does not clear the air as why Altantuya was killed and whether there was huge commission paid unnecessarily. Perhaps we have to wait for another revelation in the future.

But for now, RPK’s latest admission is a serious blow to Anwar Ibrahim

1Malaysia Banned


(Before 2008, BN was beyond acceptable level of arrogance and egoism. After 2008, PR provided some hope but it simply gets too political instead of getting the job done for the benefit of the people. Hopefully the “Third Force” changes the whole political landscape for the better. Image source: The People’s Parliament)

Here is one good reason why we need better candidates for the next general election…

Selangor has banned advertisements on billboards that feature the 1Malaysia logo.

The 1Malaysia logo is a political logo, said state Housing and Local Government Committee chairman Ronnie Liu, adding that this contravenes local by-laws.

“You don’t see any billboard in Selangor carrying the PKR, PAS or DAP logo,” he told The Star, adding that the prohibition was not a new development.

(Source)

Whilst some may argue double standards on part of PR in Selangor, I think it is rather childish of PR State Government for banning the logo 1Malaysia from billboards and here is why I say so:-

1. Why now? 1Malaysia was “coined” by Najib (or APCO according to Anwar) way back in 2008 and since then to now (more than 2 years and counting), I am pretty sure thousands of billboards and notices in Selangor have the logo “1Malaysia” prominently displayed and all this time, there has been silence from the State Government. So, what triggered the ban now?

2. Where is the damage? Those who been following up on the political news would know that from day 1, the concept of 1Malaysia has been shrouded in secrecy and uncertainty. BN says 1Malaysia but at the same, been linked with acts that go against our understanding of 1Malaysia. If Najib led Najib does not uphold the principles of 1Malaysia, it is damaging for BN and if he upholds it (by action), it is good for the people (isn’t that PR is fighting for all this while?).

3. It is, after all, just a slogan (yes, it is an expensive one but still…). Still remember the famed “don’t work for me but work with me” bullshit? Do I need to say more?

Well, I have supported PR in most of the embarrassing issues and “attacks” from pro-BN blogs and media but this time, PR in Selangor have gone and done something rather…childish. As RPK have mentioned in Malaysia Today (many times), PR does not need BN (or anyone else for that matter) to shove the long end of a pole into their back – they can do that just fine (and better) themselves.

Anyway, it is Christmas this weekend, so have a nice weekend and Merry Christmas. Hopefully things will get sane next week and if that does not happen, the next weekend is New Year.

Snippets – 22 December 2010


(27 people died but what caused the accident is yet to be confirmed, at least by the right people but already fingers being pointed at the driver and the bus whilst the bodies of the dead Thai tourists being sent home. Image source: http://www.salon.com/)

Driver, Bus Blamed

At least, this is what the police are saying BEFORE the official investigation by MIROS is completed.

Police believe that the express bus crash at Km15 of the Cameron Highlands-Simpang Pulai road yesterday in which 27 people were killed, mostly Thai tourists, was due to driver factor and technical problems of the bus.

Perak police deputy chief Datuk Zakaria Yusof who said this, also denied that the accident could have been caused by the road’s oily patches.

And then, after making a rather “jumping the gun” statement, Zakaria Yusof says this to cover his back:-

“However, it is up to the Malaysian Institute of Road Safety Research (Miros), Puspakom and Commercial Vehicle Licensing Board (CVLB) to determine the cause of the accident,” he told a press conference, here, today.

(Source)

What he meant by that? It is up to MIROS (now changed to independent board) to determine the cause but I am saying that it is due to the bus and the driver? MIROS already mentioned that investigations will take about 2 weeks to complete and yet, Zakaria, did not see the wisdom to wait for the investigations to be completed and jump into his own conclusions based on initial observations.

If this been said by a lay man, it would have been understandable (after all, we have seen accidents happened due to reckless drivers and defective buses and why should this be any different) but Zakaria is not a lay person – he is the deputy police chief for the state of Perak and what he says matters. It may even influence on the outcome of the official investigations.

(Uthaya after release from ISA detention was a force to reckon with. As a human rights lawyer, he was in thick of action when a number of temples was demolished in Selangor and organized the unprecedented Hindraf rally in the city. Image source: TheNutGraph)

Separate Indian Channel

Uthayakumar and Hindraf before the last general election were doing just fine – despite having 4 of the main leaders under ISA, Hindraf remained as a pressure group to both BN and PR. Hindraf sided with PR during the last general election and contributed to the tsunami that shook BN upside down.

However, things have changed a lot since then especially when you read things like this:-

THE government needs to have a separate television channel for the Indian community like the Vasantham channel in Singapore

Human Rights Party secretary-general P. Uthayakumar as making the call in reference to Bernama TV decision not to air Tamil news on Friday which left many Indians unhappy and dissatisfied.

He said Indian labourers, especially those who earned about an average of RM600 a month, could not subscribe for Astro to watch Indian programmes as it was too costly.

(Source)

Should HRP concentrate on getting a separate Indian TV channel that may only provide entertainment or should concentrate on getting those laborers (with average RM600 per month) on ways to improve their life and get them up above the level of poverty and low income? Which is more important for these laborers and their children?

Long time ago, when I visited my uncle who was staying in a FELDA settlement and worked hard in his own plantation, I noticed that they did not have TV (they were not that rich at that time) but that did not stop them from having access to information and entertainment. They had newspaper and radio in place of local TV or satellite TV. They had less time to watch TV but had plenty to watch over their children’s education and work.

At times, what is needed by these lowly paid laborers is not a TV channel for entertainment but rather a way out from the confines of poverty and hardship.

(The 2nd MCLM candidate is better than a couple PR politicians and several dozen BN politicians and share with ideals with his father, the late M.G.G. Pillai. Image source: http://alhaj.wordpress.com)

MCLM’s 2nd Candidate

If you have been following up Malaysia Today, you know about the “Third Force” and there is some positive development with the Third Force:-

The Malaysian Civil Liberties Movement (MCLM) has named human rights lawyer Sreekant Pillai as the second person from its movement to contest in the next general election.

Sreekant said he had chosen to be independent because “the current government has nothing more it can offer to the people and the existing parties are not doing what the rakyat wants”. Sreekant is the son of the late veteran journalist M.G.G. Pillai.

(Source)

I know Sreekant Pillai personally and I dare say that if there is one candidate that worth our votes in the next general election, he would be the one. Although one would see the Third Force as a potential cause of hung Parliament and question the composition of candidates of MCLM todate (2 candidates and both are lawyers), I think it is pertinent to see what we have now. Quality of politicians that we voted in to Parliament in the last election has been todate…shameful.

No doubt the arrogance and reckless mismanagement of the country have toned down after there is stronger presence of the opposition in the Parliament, these politicians still need to be reminded that at end of the day, it is the interest of the people that matters the most (especially after certain politicians have sold off the voters trust to jump political party).

MCLM may provide that gap and enforcement of getting the right people for the job.

Snippets – 6 December 2010


A quickie before the holidays…

Khir Toyo Charged with Corruption

Ha, some interesting development with fishing in the “big fish” by the MACC

(Khir claims that this whole piece of property only valued RM3.5 million when others claims that it is about RM24 million. What do you think? Image source: TheStar)

The hands of the law could have done it better (like that costly RM1.8 million trip to Disneyland and the missing RM9.9 million Balkis fiasco) but I guess something is better than nothing…

The Star reports:-

Former Selangor Mentri Besar Datuk Seri Dr Mohd Khir Toyo has been charged with accepting two land lots for RM3.5mil when the said lots were bought by Ditamas Sdn Bhd director Shamsuddin Haryoni for RM6.5mil.

The charge under Section 165 of the Penal Code carries a two-year jail term, fine or both.

Attorney-General Tan Sri Abdul Gani Patail commended the MACC for a thorough investigation into the case and the prosecution would be calling about 16 witnesses.

Whilst we will looking forward with this case rather interestingly (because charging is one thing, conviction is another – still remember PKFZ?), one have to wonder why the AG took that long to pull the man into the “cage”?

The AG have explained it – we hope that the case is water-tight – the last we want is for this case ending up as nothing but shadow play for the Government’s concerted fight against corruption. We do not want those who wasted tax-payers’ money by the millions to slither away by means of technicality and lack of evidence (we sure hope having rival groups to the “Conquer Selangor Mission” has nothing to do with it).

Samy Vellu (yes, finally!) Steps Down

(End of an era or end of a headache? Image source: http://www.daylife.com)

So, this is it? After years being a pain in a neck for the community, MAIKA shareholders and many of the highway users, we finally heard this – “The moment I leave this room, I am no longer the president” – Hallelujah!

But it sounds like it is not the end of the story. Not the end of the taxpayers’ money wasted down the drain. Free Malaysia Today reports:-

So the deal was made. Samy Vellu leaves, and in return he gets the post of Malaysia’s special envoy for infrastructure to South Asian countries. A position with ministerial status. It is also apparently to give him face, provide him a dignified exit.

But why should the MIC get another ministerial position after its poor performance at the last general election? Where is the regard for values if rewards are given when they are not deserved?

More importantly, why create a new position which would incur cost to the taxpayer? Samy Vellu’s salary, perks, claims and whatever else in the new position he’s taking will amount to a substantial amount. Why does the rakyat have to pay for it?

Does that sounds so wonderful – some kind of “rewards” for the earlier date for stepping down as the President!

Child Marriage

(A case of a wealthy Muslim cleric who took a 12-year-old girl as his unofficial wife. In Indonesia, the court was not amused with this and handed six years prison sentence. In Malaysia, it is a whole different story. Image source: http://sheikyermami.com)

For a moment there, I thought it happened some where in deep, lawless village in Pakistan but as one can say, nothing is impossible in Bolehland.

The New Sunday Times had front-paged the picture of 14-year-old Siti Marham Mahmod, and husband Abdul Manan Othman, who participated in a 1Malaysia wedding celebration at the Federal Territory Mosque on Saturday. The couple had tied the knot in July after getting the consent of the Syariah Court (Source)

It is good that the Government via the Women, Family and Community Development Ministry is making a lot of noise on this but will the “noise” translate it into forceful action?

And the funny part of the whole deal is that the marriage was approved by the Syariah Court – what happened to the protection of the minor? Why the parents could not wait for a few more years until the minor is able to decisions for herself? It certainly unsettling that this is happening in a modern Malaysia. Still think we are on route to achieving Vision 2020?

And lastly…I leave you with a joke…yes, it is

(The mean big brother is no more? According to MCA supremo, everyone is equal. Image source: Blogger)

At least, that is what I thought when I read this:-

MCA made full use of today’s Barisan Nasional (BN) convention to push for equal treatment within the coalition, sternly telling its Umno allies that there should not be a “big brother, small brother” system in the ruling pact (Source)

Ya, right!

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Don’t change the country, change your government