328
Malaysia
his personal capacity against a political blogger who posted on rape allegations involving the Minister ’ s former domestic help.
45
The third method utilized by the state in persecuting bloggers involves the broad
investigative and enforcement powers of the Malaysian Communications and Multimedia Commission (MCMC), the main regulatory authority of information technology and communications industries.
46 Under the CMA, there are two relevant offenses:
Section 211 establishes a broad prohibition of online content that is “ indecent,
obscene, false, menacing, or offensive in character with intent to annoy, abuse,
threaten or harass any person. ”
47 The other offense, under Section 233, relates to
“ improper use of network facilities, ” and criminalizes knowing use or permission for
use of the Internet to communicate prohibited content as defi ned earlier in Section
211.
48 Contravention of either section may result in prosecution, and, if convicted,
violators may be liable for a fi ne of up to MYR 50,000 (just over USD 16,000) and/or
a maximum prison term of one year.
49
The CMA grants MCMC power to conduct investigations, either upon receipt of
complaints or on its own initiative, into potential commissions of both offenses, and
it has wide discretion over the conduct of such investigations.
50 The number of MCMC
investigations launched against online news portals and bloggers has increased more
than tenfold from ten cases in 2005 to 133 in 2010.
51 Malaysiakini is a focal point of
much of the MCMC ’ s investigatory work, as one of its stories illustrated particularly
well in September 2009. Malaysiakini reported on and posted videos of a controversial
rally staged against proposed plans for constructing a Hindu temple in a mainly MalayMuslim residential area. The videos featured protestors stomping on a severed cow
head.
52 The incident has been considered offensive to racial and religious sensibilities,
53 in particular because of the sacred position reserved for cows in Hinduism, a
belief held by many Malaysian Indians in lieu of the close identifi cation of race and
religion in Malaysia.
54 The organizers of this rally were subsequently charged under
the Sedition Act for inciting racial hatred,
55 but ironically the MCMC saw fi t to also
initiate investigations and conduct “ marathon ” interview sessions lasting eight hours
with Malaysiakini editors and staff on similar offi cial grounds for publishing these
videos.
56
Recently, Malaysiakini again came under MCMC scrutiny for reporting on the 2010
annual general meeting of UMNO, the leading party in BN.
57 BN is not alone in its
reliance on MCMC ’ s wide powers in launching proceedings against its online critics.
In September 2010, a PR-controlled state fi led a complaint with MCMC against a
blogger who claimed that funding for senior citizens ’ support programs had been
improperly obtained from gambling sources, contrary to Islamic laws and beliefs.
58
In response to increasing pressure to control online content, the MCMC has
recently begun wielding its prosecutorial powers.
59 In March 2009, landmark court
proceedings for “ improper use of network facilities ” were instigated by MCMC against
Malaysia
his personal capacity against a political blogger who posted on rape allegations involving the Minister ’ s former domestic help.
45
The third method utilized by the state in persecuting bloggers involves the broad
investigative and enforcement powers of the Malaysian Communications and Multimedia Commission (MCMC), the main regulatory authority of information technology and communications industries.
46 Under the CMA, there are two relevant offenses:
Section 211 establishes a broad prohibition of online content that is “ indecent,
obscene, false, menacing, or offensive in character with intent to annoy, abuse,
threaten or harass any person. ”
47 The other offense, under Section 233, relates to
“ improper use of network facilities, ” and criminalizes knowing use or permission for
use of the Internet to communicate prohibited content as defi ned earlier in Section
211.
48 Contravention of either section may result in prosecution, and, if convicted,
violators may be liable for a fi ne of up to MYR 50,000 (just over USD 16,000) and/or
a maximum prison term of one year.
49
The CMA grants MCMC power to conduct investigations, either upon receipt of
complaints or on its own initiative, into potential commissions of both offenses, and
it has wide discretion over the conduct of such investigations.
50 The number of MCMC
investigations launched against online news portals and bloggers has increased more
than tenfold from ten cases in 2005 to 133 in 2010.
51 Malaysiakini is a focal point of
much of the MCMC ’ s investigatory work, as one of its stories illustrated particularly
well in September 2009. Malaysiakini reported on and posted videos of a controversial
rally staged against proposed plans for constructing a Hindu temple in a mainly MalayMuslim residential area. The videos featured protestors stomping on a severed cow
head.
52 The incident has been considered offensive to racial and religious sensibilities,
53 in particular because of the sacred position reserved for cows in Hinduism, a
belief held by many Malaysian Indians in lieu of the close identifi cation of race and
religion in Malaysia.
54 The organizers of this rally were subsequently charged under
the Sedition Act for inciting racial hatred,
55 but ironically the MCMC saw fi t to also
initiate investigations and conduct “ marathon ” interview sessions lasting eight hours
with Malaysiakini editors and staff on similar offi cial grounds for publishing these
videos.
56
Recently, Malaysiakini again came under MCMC scrutiny for reporting on the 2010
annual general meeting of UMNO, the leading party in BN.
57 BN is not alone in its
reliance on MCMC ’ s wide powers in launching proceedings against its online critics.
In September 2010, a PR-controlled state fi led a complaint with MCMC against a
blogger who claimed that funding for senior citizens ’ support programs had been
improperly obtained from gambling sources, contrary to Islamic laws and beliefs.
58
In response to increasing pressure to control online content, the MCMC has
recently begun wielding its prosecutorial powers.
59 In March 2009, landmark court
proceedings for “ improper use of network facilities ” were instigated by MCMC against