Asia-Pacific, Development & Aid, Headlines, Human Rights

MEDIA-MALAYSIA: Case Against Bloggers – Test for Freedom

Baradan Kuppusamy

KUALA LUMPUR, Jan 23 2007 (IPS) - A leading state-backed newspaper has sued two prominent bloggers, critical of the daily and the government, for alleged defamation raising fears that this represents another attack on freedom of expression in Malaysia.

Apart from the small but active blogging community, opposition lawmakers and independent political analysts believe that the case, filed by the New Straits Times (NST) English language daily, is an attempt to stifle opinion and signals a hardening of the ‘liberal attitude’ of the government of Prime Minister Abdullah Badawi.

Already the South-east Asia Press Alliance (SEAPA) has warned that the suit against Jeff Ooi, who runs the ‘Screenshots’ blog, and Ahirudin Atan, owner of ‘Rocky’s Bru’ as potentially impacting ‘’Malaysians’ access to diverse and independent news, commentary, and information.’’

SEAPA, in a statement also said that the cases could affect the Internet as a medium for free expression in a country where much of the mainstream press is owned and influenced by political parties and government itself.

Atan’s case comes up for hearing on Thursday while Ooi’s case is slated for Jan. 30.

Reporters Without Borders, the international media watchdog that places Malaysia 92nd among 168 nations surveyed for its worldwide press freedom index has, in an open letter to Syed Faisal Albar, chief of NST, to consider that ‘’the disappearance of the blogs produced by these two outspoken bloggers, Ooi and Ahiruddin (Atan), would be a loss to the Malaysian media world’’.

Though filed by NST, observers see ‘official sanction’ behind the action because of the daily’s close links with the ruling United National Malays Organisation or (UMNO) political party.

In a curtailed mainstream media environment blogging has emerged as the last frontier for press freedom. ‘’It’s that fresh democratic space that this action is endangering,” parliamentary opposition leader Lim Kit Siang told IPS. “The NST defamation suits will have a chilling effect as litigation is so expensive that the costs will cripple and paralyse the ordinary individual blogger, making no contribution whatsoever to a healthy process to delineate and define the legal rights of bloggers and citizen journalists.’’

‘’The suits will have far-reaching consequences for the healthy, mature and democratic growth for free speech and expression,’’ said Lim an enthusiastic blogger.

But the action is based on numerous postings criticising senior editors and top company officials of the NST. Ooi and Atan had published a series of stinging articles and allowed comments by others in a running dispute with the NST over various matters. Some relate to alleged plagiarism by a senior NST editor.

Independent observers said the two bloggers had gone ‘out of their way’ to single out the NST and their senior officials for constant criticism. “They virtually threw the gauntlet at the NST,” a newspaper editor uninvolved in the controversy told IPS. “I see it as a personality clash combined with a clash between the old and new media.”

Both Ooi and Atan said they will contest the claims and defend themselves in court. “Unchartered waters…none of us have passed this way before, so I shall have to tread carefully,” Atan said responding to the suit on his blog. “I’ll need you (commentators) to tread carefully, too.”

Ooi has additionally been served with an ex-parte injunction to remove, within seven days, postings related to the controversy on his blog.

Most local human rights activists said both bloggers were experienced and have a reputation for responsible publishing.

Bloggers, activists and opposition lawmakers are rallying behind the two. Some bloggers plan to start a legal defence fund to support the two against the NST’s financial muscle. Others are preparing a campaign on the Internet to highlight the issues and defend freedom of expression.

An NST official said he action sought protection from defamatory statements posted on the Internet. “We are promoting responsible blogging…we are not seeking to close anybody down. The law applies equally to everybody including in cyberspace,” the official was quoted by media as saying. “We should let the law take its course.”

However, human rights activists see the action as intimidating and the motive larger then announced. “I feel the NST will fail miserably to beat the blogosphere into fearful submission,” said rights activist and blogger Nathaniel Tan who runs the www.bangkit.net website that focuses on socio-political issues.

“The action will only embolden more bloggers to not yield or submit,” Tan told IPS.

Human rights activist Elizabeth Wong sees the suit as a fight between David and Goliath. “Though the two bloggers have been quick to point out mistakes and catch the ‘spins’ by the NST but their sharpest criticism is for Abdullah,” she said. “We are all fearful for the future of freedom of expression and the overarching effect of censorship and self-censorship in cyberspace.”

Journalism professor Zaharom Naim said the country’s defamation laws apply equally to the print and the cyber world. “Bloggers are not exempted but it is a thin line between fair comment and defamation,” he said at a recent forum on the future of blogs.

Some feel that bloggers had it coming and a media analyst with a multi-national research firm said too many bloggers seem to have an axe to grind. “They shoot from the hip, make wild allegations and allow illogical and unsubstantiated posting by strangers hiding behind pseudonyms,” she said. “People believe the postings no matter how ludicrous…this is the price one pays for stifling press freedom in the first place.”