ONI Country Profi le
327
and international objections, which led to the withdrawal of the proposal less than a
week later.
33
Currently, online news portals and bloggers are not governed by the existing registration and licensing regimes applicable to the mainstream media. However, because
of the continuing growth and popularity of online media, the Malaysian government
is planning to close this loophole. It announced plans in 2008 to register all “ political
bloggers. ”
34 This scheme has since been abandoned following vehement protests.
However, on January 25, 2011, the Home Ministry revealed proposed amendments to
the much-criticized Printing Presses and Publications Act that will bring online news
Web sites within the act ’ s licensing regime.
35 Malaysian civil society, bloggers, and
journalists have resoundingly condemned the move.
36 The government ’ s current position is unclear because statements from the Prime Minister ’ s Department contradict
the Home Ministry ’ s claim of presenting these amendments to Parliament for its next
sitting in March 2011.
37
In addition, there has been a dramatic upsurge in the number of proceedings
launched against individual bloggers and the popular, award-winning, independent
online news portal Malaysiakini. The state has relied on three main methods in persecuting online dissidents.
First, it has exercised its draconian detention powers under numerous national
security laws. Nathaniel Tan was the fi rst Malaysian blogger to be detained on July 13,
2007, under the 1972 Offi cial Secrets Act following corruption allegations against a
deputy minister made in an anonymous comment left on his blog.
38 Subsequently,
Raja Petra Kamarudin, who maintains the popular Malaysia Today blog, was detained
in 2008 under the Internal Security Act (ISA) of 1960 for a controversial post alleging
the Malaysian prime minister ’ s complicity in the gruesome murder of a Mongolian
model.
39 He has since fl ed the country after repeated threats of ISA incarceration and
criminal prosecution for sedition.
40 Further, in December 2010 the government
announced its intention to publish “ cyber sedition guidelines ” by January 2011. These
guidelines are intended “ to counter the rising trend in sedition and libel cases involving online media and social sites. ”
41 In response, free speech activists voiced concerns
over the actual intention of these guidelines and their potential for increasing proceedings against cyber dissidents.
42
Second, the state has launched defamation suits to silence and persecute online
dissidents. A landmark defamation suit was initiated in early 2007 against two prominent bloggers, Jeff Ooi (now a member of Parliament) and Ahiruddin Attan, for allegedly libelous content concerning the New Straits Times newspaper on their blogs.
43
This is the fi rst known defamation suit against bloggers and is broadly connected to
the state because BN has substantial corporate control over New Straits Times .
44 Recently,
another defamation suit has been initiated by the Malaysian Information Minister in
327
and international objections, which led to the withdrawal of the proposal less than a
week later.
33
Currently, online news portals and bloggers are not governed by the existing registration and licensing regimes applicable to the mainstream media. However, because
of the continuing growth and popularity of online media, the Malaysian government
is planning to close this loophole. It announced plans in 2008 to register all “ political
bloggers. ”
34 This scheme has since been abandoned following vehement protests.
However, on January 25, 2011, the Home Ministry revealed proposed amendments to
the much-criticized Printing Presses and Publications Act that will bring online news
Web sites within the act ’ s licensing regime.
35 Malaysian civil society, bloggers, and
journalists have resoundingly condemned the move.
36 The government ’ s current position is unclear because statements from the Prime Minister ’ s Department contradict
the Home Ministry ’ s claim of presenting these amendments to Parliament for its next
sitting in March 2011.
37
In addition, there has been a dramatic upsurge in the number of proceedings
launched against individual bloggers and the popular, award-winning, independent
online news portal Malaysiakini. The state has relied on three main methods in persecuting online dissidents.
First, it has exercised its draconian detention powers under numerous national
security laws. Nathaniel Tan was the fi rst Malaysian blogger to be detained on July 13,
2007, under the 1972 Offi cial Secrets Act following corruption allegations against a
deputy minister made in an anonymous comment left on his blog.
38 Subsequently,
Raja Petra Kamarudin, who maintains the popular Malaysia Today blog, was detained
in 2008 under the Internal Security Act (ISA) of 1960 for a controversial post alleging
the Malaysian prime minister ’ s complicity in the gruesome murder of a Mongolian
model.
39 He has since fl ed the country after repeated threats of ISA incarceration and
criminal prosecution for sedition.
40 Further, in December 2010 the government
announced its intention to publish “ cyber sedition guidelines ” by January 2011. These
guidelines are intended “ to counter the rising trend in sedition and libel cases involving online media and social sites. ”
41 In response, free speech activists voiced concerns
over the actual intention of these guidelines and their potential for increasing proceedings against cyber dissidents.
42
Second, the state has launched defamation suits to silence and persecute online
dissidents. A landmark defamation suit was initiated in early 2007 against two prominent bloggers, Jeff Ooi (now a member of Parliament) and Ahiruddin Attan, for allegedly libelous content concerning the New Straits Times newspaper on their blogs.
43
This is the fi rst known defamation suit against bloggers and is broadly connected to
the state because BN has substantial corporate control over New Straits Times .
44 Recently,
another defamation suit has been initiated by the Malaysian Information Minister in