STAR, Thursday September 4, 2008
KUALA LUMPUR: The Malaysian Communications and Multimedia Commission's (SKMM) directive to internet service providers (ISPs) to block access to the Malaysia Today portal still stands pending an investigation to determine if its editor should be charged. SKMM chief operating officer Mohamed Sharil Tarmizi, when contacted Wednesday, said an investigation was underway to determine whether or not to charge the portal's editor Raja Petra Kamaruddin under Section 211 or 233 of the Communications and Multimedia Act.
Section 211 states that no content applications service provider, or other person using a content applications service, shall provide content which is indecent, obscene, false, menacing, or offensive in character with intent to annoy, abuse, threaten or harass any person.
Mohamed Sharil Tarmizi - Filepic A person who contravenes this is liable to a fine of not more than RM50,000 or imprisonment for a term not exceeding one year or both, and shall also be liable to a further fine of RM1,000 for every day or part of a day during which the offence is continued after conviction.
Section 233 is on improper use of network facilities or network service and related to communication that is obscene, indecent, false, menacing of offensive with intent to annoy, abuse, threaten or harass another person.
The offender is liable to a fine not more than RM50,000 or not more than one year's jail or both, and shall be liable to a further fine of RM1,000 for every day during which the offence is continued after conviction.
Mohamed Sharil said that access to website was blocked after the Commission deemed the postings had contravened the Act for inciting and being insulting against Islam.
He claimed the commission had received several complaints from the public, adding that the preventive measure was taken under Section 263 of the Act.
On criticisms that blocking access to the website was against freedom of the Internet, he said that SKMM was merely “doing its job."
“We want to promote ethical and responsible blogging. We want to make the online space better still, with fervent debates, but in a civil and responsible manner."
Raja Petra has said that blocking access to his portal was a breach of the Multimedia Super Corridor (MSC) charter and that he would turn it into "a big issue."
Under MSC Malaysia's 10-Point Bill of Guarantees, it is stated that that Government promised to “ensure no Internet censorship” as part of its commitment to ensuring the success of MSC status companies.
Section 3 of the Act states quite explicitly, "Nothing in this Act shall be construed as permitting the censorship of the Internet.”
It is understood that only TMnet, the No 1 ISP in the country, has complied with SKMM's directive. Malaysia Today meanwhile has set up an alternate site that can still be accessed by TMnet users.
Home Minister Datuk Seri Syed Hamid Albar, while denying that the Government had instructed SKMM to issue the block order, claimed the site was being blocked because it had posted articles deemed insulting to Islam.
Mohamed Sharil meanwhile said that the Commission strongly advised members of the public not to forget that the law also applied in cyberspace.
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