Publishers of media content in violation of this
provision may face criminal penalties, including a
fine of up to RM50,000 and/or a maximum of one
year in prison. 14 The CMA also establishes the
Content Forum, which formulates and implements the Content Code—voluntary guidelines
for content providers concerning the handling of
content deemed offensive and indecent. 15
The CMA and other laws empower the state
with extensive media controls. To foster the
growth of the Internet market and the MSC, however, the state has generally refrained from directly
censoring the Internet. In its “Bill of Guarantees”
to approved MSC companies, the state pledges
not to censor Internet content. 16 Nevertheless,
Internet content publishers in Malaysia operate
under constant risk that the CMA and numerous
other laws regulating speech and content on traditional media will be interpreted or amended to
extend to Internet publications. 17
In January 2007, Malaysian Prime Minister
Datuk Seri Abdullah Ahmad Badawi made a
somewhat ineffectual distinction by stating that
while the government policy is not to censor the
Internet, bloggers are bound by laws on defamation, sedition, and other limits on speech. 18
Badawi’s statement was an official restatement
of the policy announced in August 2006 that
bloggers who publish seditious, malicious, or
defamatory content will be reported to the
police. 19 In January 2007, the New Straits Times
(NST) newspaper and several of its executives
inaugurated the first known defamation suits
against bloggers. Jeff Ooi (www.jeffooi.com) and
Ahirudin Attan (www.rockybru.blogspot.com),
both prominent bloggers and the latter the
President of the National Press Club, were sued
simultaneously for both blog posts and reader
comments. 20 The allegedly libelous content
included Jeff Ooi’s blog coverage of NST and its
editors’ roles in misrepresenting facts, publishing
a caricature of the Prophet Muhammad, and plagiarism in blog posts in 2006. 21 Ooi had previously
been investigated by the Communications and
Multimedia Commission and the police concerning comments a reader posted on his blog that
were deemed offensive to the official version of
Islam in Malaysia. 22
ONI testing results
Testing was conducted during October and
November 2006 on two of the largest Malaysian
Internet service providers (ISPs), Jaring and
TMNet, and also on Macrolynx, a smaller
Malaysian ISP. The tests revealed no evidence of
filtering for any of the categories tested.
Conclusion
Malaysia retains strict control over traditional
broadcast and print media through a broad web
of vaguely worded regulations. 23 To encourage
growth of Internet and new media technologies
and commerce in Malaysia, however, the state
has promised Internet companies that it will not
censor the Internet. ONI’s testing revealed no evidence of technological Internet filtering. This does
not necessarily mean, however, that the Internet
environment in Malaysia is free of government
influence and control. Bloggers and independent
online news publishers report being investigated
and harassed by police on several occasions for
posting allegedly offensive or seditious content,
and the state media frequently run articles and
opinion pieces questioning whether the Internet
should be subject to tighter state controls.
NOTES
1. See Reporters Without Borders, Malaysia: 2004
Annual Report, http://www.rsf.org/article.
php3?id_article=10201.
2. Ibid.
3. See Steven Gan, “Yes, another police report,”
August 11, 2006, http://www.malaysiakini.com/
editorials/55265; see also South East Asian Press
Alliance, “World publishers and editors back
Malaysiakini’s non-disclosure policy,” January 30,
2006, http://www.seapabkk.org/news/
malaysia/20030130.html.
4. See http://www.msc.com.my/msc/msc.asp.
Country Summaries
327
provision may face criminal penalties, including a
fine of up to RM50,000 and/or a maximum of one
year in prison. 14 The CMA also establishes the
Content Forum, which formulates and implements the Content Code—voluntary guidelines
for content providers concerning the handling of
content deemed offensive and indecent. 15
The CMA and other laws empower the state
with extensive media controls. To foster the
growth of the Internet market and the MSC, however, the state has generally refrained from directly
censoring the Internet. In its “Bill of Guarantees”
to approved MSC companies, the state pledges
not to censor Internet content. 16 Nevertheless,
Internet content publishers in Malaysia operate
under constant risk that the CMA and numerous
other laws regulating speech and content on traditional media will be interpreted or amended to
extend to Internet publications. 17
In January 2007, Malaysian Prime Minister
Datuk Seri Abdullah Ahmad Badawi made a
somewhat ineffectual distinction by stating that
while the government policy is not to censor the
Internet, bloggers are bound by laws on defamation, sedition, and other limits on speech. 18
Badawi’s statement was an official restatement
of the policy announced in August 2006 that
bloggers who publish seditious, malicious, or
defamatory content will be reported to the
police. 19 In January 2007, the New Straits Times
(NST) newspaper and several of its executives
inaugurated the first known defamation suits
against bloggers. Jeff Ooi (www.jeffooi.com) and
Ahirudin Attan (www.rockybru.blogspot.com),
both prominent bloggers and the latter the
President of the National Press Club, were sued
simultaneously for both blog posts and reader
comments. 20 The allegedly libelous content
included Jeff Ooi’s blog coverage of NST and its
editors’ roles in misrepresenting facts, publishing
a caricature of the Prophet Muhammad, and plagiarism in blog posts in 2006. 21 Ooi had previously
been investigated by the Communications and
Multimedia Commission and the police concerning comments a reader posted on his blog that
were deemed offensive to the official version of
Islam in Malaysia. 22
ONI testing results
Testing was conducted during October and
November 2006 on two of the largest Malaysian
Internet service providers (ISPs), Jaring and
TMNet, and also on Macrolynx, a smaller
Malaysian ISP. The tests revealed no evidence of
filtering for any of the categories tested.
Conclusion
Malaysia retains strict control over traditional
broadcast and print media through a broad web
of vaguely worded regulations. 23 To encourage
growth of Internet and new media technologies
and commerce in Malaysia, however, the state
has promised Internet companies that it will not
censor the Internet. ONI’s testing revealed no evidence of technological Internet filtering. This does
not necessarily mean, however, that the Internet
environment in Malaysia is free of government
influence and control. Bloggers and independent
online news publishers report being investigated
and harassed by police on several occasions for
posting allegedly offensive or seditious content,
and the state media frequently run articles and
opinion pieces questioning whether the Internet
should be subject to tighter state controls.
NOTES
1. See Reporters Without Borders, Malaysia: 2004
Annual Report, http://www.rsf.org/article.
php3?id_article=10201.
2. Ibid.
3. See Steven Gan, “Yes, another police report,”
August 11, 2006, http://www.malaysiakini.com/
editorials/55265; see also South East Asian Press
Alliance, “World publishers and editors back
Malaysiakini’s non-disclosure policy,” January 30,
2006, http://www.seapabkk.org/news/
malaysia/20030130.html.
4. See http://www.msc.com.my/msc/msc.asp.
Country Summaries
327