The Struggle for Digital Freedom of Speech
47
defamation suits.
23 Second, the government also proposed a labeling regime distinguishing government-backed “ professional ” from “ nonprofessional ” bloggers.
24 A
third measure — far more drastic and wide-ranging than the fi rst two — was announced
on August 6, 2009. The Malaysian government declared plans to implement an Internet fi lter to curb access to pornography and “ racially infl ammatory ” material. Reuters
reported that a fi lter tender was issued to software companies on the same day.
25
2007 – 2010: The Blogosphere ’ s Backlash
Within hours of service of a defamation suit against Jeff Ooi and Ahiruddin Attan by
NSTP, a blog dedicated solely to their cause was launched, a fund set up, and a solidarity logo “ Bloggers United ” mushroomed all over the Malaysian blogosphere.
26 After
Nathaniel Tan became the fi rst blogger to be detained under national security laws in
Malaysia, a forum was held on July 20, 2007, to protest his arrest. The “ Say ‘ NO! ’ to
a Police State in the Malaysian Blogosphere ” forum drew an audience of more than
150 individuals, and its panelists included many of the same individuals who rallied
in support of Ooi and Attan, the fi rst indicator of continuity in collective action by
the blogosphere.
27
When news of MCMC ’ s order to ISPs to block Malaysia Today broke in 2008, in
addition to resounding condemnation of the block, methods of circumventing the
DNS block were posted immediately on other political blogs. The September 2010
DDoS attack on Malaysia Today was ultimately futile as copies of documents that the
attack was apparently intended to block reappeared on another blog. Despite the 2009
and 2010 DDoS attacks, older Malaysia Today articles were shared on other sociopolitical blogs, mirroring the response to the DNS block in 2008.
28
Responding to First- and Second-Generation Regulatory Proposals
The government ’ s registration-of-bloggers scheme was reported on April 4, 2007. On
April 5, 2007, a group of core sociopolitical bloggers met in person, formed an unregistered society of bloggers, the National Alliance of Bloggers (NAB), and elected its pro
tem committee.
29 Members of NAB and other bloggers presented a unanimous front
in condemning both registration and labeling proposals.
30 NAB organized a gathering
on May 19, 2007, and hosted the forum “ Blogs and Digital Democracy ” fi ve months
later on October 3, 2007. Although ministerial statements indicate that the government was still contemplating new laws as of July 2007,
31 no draft legislation was ever
reported, and by May 2009 the information minister affi rmed that no new laws would
be introduced against bloggers.
32 Anecdotal evidence and an observation of the chronology of events indicate that the fi erce and quick-fi re backlash by political bloggers,
combined with widespread criticism, was at the very minimum a signifi cant factor in
47
defamation suits.
23 Second, the government also proposed a labeling regime distinguishing government-backed “ professional ” from “ nonprofessional ” bloggers.
24 A
third measure — far more drastic and wide-ranging than the fi rst two — was announced
on August 6, 2009. The Malaysian government declared plans to implement an Internet fi lter to curb access to pornography and “ racially infl ammatory ” material. Reuters
reported that a fi lter tender was issued to software companies on the same day.
25
2007 – 2010: The Blogosphere ’ s Backlash
Within hours of service of a defamation suit against Jeff Ooi and Ahiruddin Attan by
NSTP, a blog dedicated solely to their cause was launched, a fund set up, and a solidarity logo “ Bloggers United ” mushroomed all over the Malaysian blogosphere.
26 After
Nathaniel Tan became the fi rst blogger to be detained under national security laws in
Malaysia, a forum was held on July 20, 2007, to protest his arrest. The “ Say ‘ NO! ’ to
a Police State in the Malaysian Blogosphere ” forum drew an audience of more than
150 individuals, and its panelists included many of the same individuals who rallied
in support of Ooi and Attan, the fi rst indicator of continuity in collective action by
the blogosphere.
27
When news of MCMC ’ s order to ISPs to block Malaysia Today broke in 2008, in
addition to resounding condemnation of the block, methods of circumventing the
DNS block were posted immediately on other political blogs. The September 2010
DDoS attack on Malaysia Today was ultimately futile as copies of documents that the
attack was apparently intended to block reappeared on another blog. Despite the 2009
and 2010 DDoS attacks, older Malaysia Today articles were shared on other sociopolitical blogs, mirroring the response to the DNS block in 2008.
28
Responding to First- and Second-Generation Regulatory Proposals
The government ’ s registration-of-bloggers scheme was reported on April 4, 2007. On
April 5, 2007, a group of core sociopolitical bloggers met in person, formed an unregistered society of bloggers, the National Alliance of Bloggers (NAB), and elected its pro
tem committee.
29 Members of NAB and other bloggers presented a unanimous front
in condemning both registration and labeling proposals.
30 NAB organized a gathering
on May 19, 2007, and hosted the forum “ Blogs and Digital Democracy ” fi ve months
later on October 3, 2007. Although ministerial statements indicate that the government was still contemplating new laws as of July 2007,
31 no draft legislation was ever
reported, and by May 2009 the information minister affi rmed that no new laws would
be introduced against bloggers.
32 Anecdotal evidence and an observation of the chronology of events indicate that the fi erce and quick-fi re backlash by political bloggers,
combined with widespread criticism, was at the very minimum a signifi cant factor in