____________________________________________________________
Internet Blackout Day: Tuesday, 14 August 2012
____________________________________________________________
The fight to rescind this Law is not over yet….
The source said Section 114A was never meant to curb online freedom nor punish Internet users.
However, do you trust the Government NOT TO USE IT AGAINST US?
———————————————————————————————————
Free Malaysia Tiday
Section 114A: Listen to rakyat, HRW tells Nazri
Human Rights Watch says that the Malaysian government should address the people’s concerns on Section 114 of the Evidence Act instead of giving excuses.
PETALING JAYA: Listen to the civil society and address their concerns rather than shutting the door with excuses, said Human Rights Watch told the Malaysian government today.
Its deputy director for Asia, Phil Robertson said this in a statement, responding to the government’s insistence on retaining the Section 114A of the Evidence Act.
———-
Section 114A: Listen to rakyat, HRW tells Nazri
———————————————————————————————————-
Free Malaysia Today
Repeal or amend Section 114A, says Suhakam
Section 114A violates freedom of expression and is flawed as it presumes one is guilty until proven innocent, says Suhakam chief Hasmy Agam.
PETALING JAYA: Suhakam wants the government to repeal or amend Evidence (Amendment) (No 2) Act 2012, otherwise known Section 114A.
“Section 114A violates the human rights principles of freedom of expression as enshrined in Article 19 of both the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR).
“The newly-introduced provision, which came into force on July 31, also goes against a fundamental principle of law that a person is considered innocent until proven guilty as provided for under Article 11(1) of the UDHR,” said Suhakam chairman Hasmy Agam in a press statement.
———–
Repeal or amend Section 114A, says Suhakam
———————————————————————————————————–
Malay Mail
Bar Council: Not everyone can prove innocence
NOT everyone will be able to defend themselves if their identities were used for the wrong reasons under the recently introduced Section 114A of the Evidence Act 1950.
Bar Council president Lim Chee Wee told The Malay Mail that not everyone has the bravado of Umno Youth chief Khairy Jamaluddin, let alone have his resources to stand ready to prove his innocence.
“He can say what he wants as he has the backing to help fight for his innocence and Umno Youth. Most people don’t have this luxury and that is one of the reasons why Bar Council is against it,” he said.
………..
Lim said another factor why the Bar Council was against Section 114A was that the alleged offensive posting of a bogus Umno Youth Facebook on the Internet recently clearly showed that anyone can open an account and be whoever they want to be.
“Based on media reports, I understand that Umno Youth disavowed any responsibility for the offensive posting. Furthermore, there was also an admission by Barisan Nasional youth executive secretary Ibdilillah Ishak that Umno was not involved in creating the page,” he said.
Lim said, however, that such alleged postings can constitute to a criminal offence for being seditious under Sedition Act 1948 and offensive under Section 233 of the Communications and Multimedia Act 1998.
“Section 114A of the Evidence Act 1950, then kicks in to shift the burden of proof to Umno Youth since a person whose name appears on any publication depicting himself as the owner, host, administrator, editor or sub-editor, or who in any manner facilitates to publish the publication is presumed to have published the contents of the publication unless the contrary is proved,” he said.
——————————————————————————————-
Free Malaysia Today
Amended Evidence Act stays
The Minister in the Prime Minister’s Department Nazri Abdul Aziz says the amendment is necessary for national security.
KUALA KANGSAR: Section 114A of the Evidence Act, which sparked an online furore, will be retained because it protects the people, Minister in the Prime Minister’s Department Nazri Abdul Aziz said today.
He said the Act can help thwart any attempt by certain quarters which wanted to harm the country.
“We are concerned for the people. I did not hesitate to table the bill in Parliament in April because I thought that the amendment was necessary for the security of the country,” he told reporters.
Amended Evidence Act stays
————————————————————————————————————
Sundaily
CIJ: Cabinet did not address key concerns of Section 114a
Last updated on 21 August 2012 – 08:24pm
Michelle Chun
newsdesk@thesundaily.com
PETALING JAYA (Aug 21, 2012): The Centre for Independent Journalism (CIJ) has expressed disappointment that key concerns raised regarding Section 114a of the Evidence Act were not properly addressed by the cabinet before its decision to maintain the legislation was made.
CIJ coordinator Abigail de Vries today claimed the cabinet had not looked into the main concerns raised by civil society over the law, especially on how it would apply to ordinary internet users.
Under the law, internet users are automatically presumed guilty for any content posted through their registered networks, hand-held devices, blogs and web portals.
“Although there is a diversity of legal opinion about the ‘presumption of fact’ aspect, you would be hard pressed to find a lawyer who does not think this law is too broad and poorly worded,” de Vries said.
“How is this law going to be effective in dealing with cyber-crime when it in fact does the opposite by letting hackers off the hook?” she asked.
“How does this law not burden ordinary users and business owners who have to hire lawyers to prove their innocence?”
CIJ: Cabinet did not address key concerns of Section 114a
———————————————————————————————————–
Malaysiakini
 |
|
The cabinet has directed attorney-general Abdul Gani Patail to explain the recent amendments to the Evidence Act 1950, said Home Minister Hishammuddin Hussein.
“The cabinet has said that the attorney-general is going to explain and articulate this to the public. Let it be done that way.
“I don’t want too many comments driving around and at the end of the day, people get confused about the reasons why this was done,” he said.
He was speaking to reporters on the side during Prime Minister Najib Abdul Razak’s open house in Putrajaya today, when he was asked to comment about the Evidence (Amendment) (No 2) Act 2012, which came into force on July 31.
Hisham: AG will explain Evidence Act amendments
———————————————————————————————————–
Sundaily
Section 114A should stay, says MCA
Last updated on 16 August 2012 – 03:15pm
Pauline Wong
newsdesk@thesundaily.com
KUALA LUMPUR (Aug 16, 2012): The controversial Section 114A of the Evidence Act Amendment was put in place to protect against cybercrimes, and should be maintained, the MCA today said.
MCA president Datuk Seri Dr Chua Soi Lek said the amendments were debated and passed at Parliament by both sides of the political divide, and added that any objections to the amendment would be “political dishonesty.”
“However, we urge the government to engage with internet users to draw up guidelines that will protect the innocent from being implicated,” he said.
Section 114A should stay, says MCA
————————————————————————————————————–
Free Malaysia Today
Stop 114A: Najib’s twitter just ‘sandiwara’
Sarawak opposition is urging people to be wise and reject Prime Minister Najib Tun Razak and his BN government’s ‘plot’ to cheat the rakyat.
KUCHING: Prime Minister Najib Tun Razak’s twitter reaction to the Stop 114A Internet Blackout Day campaign on Aug 14 was a typical “BN sandiwara”, claims Pending assemblywoman Violet Yong.
She said if Najib and his government were “sincere” and genuinely want to put people’s interest first, then why was the bill – Section 114A of the Evidence (Amendment) Act 1950 – passed in a rush and without debate in April this year?
“I can see this as a political circus that has been planned before hand… We can see that if Najib claimed in his twitter message that he put the interest of the people first, why was the law rushed and passed in the first place?
“Why was there no debate or discussions or public views sought before the passing of this law?
“I see this as a political circus or sandiwara performed by the BN government,” said Yong.
Reacting to to the Stop 114A Internet Blackout Day campaign, Najib had twittered: ‘I [Najib] have asked Cabinet to discuss Section 114A of the Evidence Act 1950. Whatever we do we must put people first’.
Najib made the remark after more than 45,000 people protested against the unpopular amendment.
The amendment was gazetted in July this year.
Said Yong, who is also Sarawak DAP treasurer: “Firstly, the Najib government allowed nasty laws to be passed, and secondly it wants the people to protest or go against the laws.
“In that way, Najib will have the last word claiming that he has heard the voices of the people and that the government will re-look at those laws and will refer them to the Cabinet for further discussions.
“Najib will then say that ‘Janji Ditepati’ (promises fulfilled).
“Then this will create the impression that the government is placing the interest of the people first. This is the plot.. It is all a sandiwara,” said Yong.
‘We must not be cheated’
Urging the government to immediately repeal or revoke the new section, Yong said: “There is no sincerity on the part of the government to respect freedom of expression.
“I am telling the voters that they should not be trapped in this sandiwara played by the BN government.
“We must not be cheated. We must end this BN government.”
Stop 114A: Najib’s twitter just ‘sandiwara’
———————————————————————-
Malaysiakini
 |
7:37PM Aug 15, 2012 |
Cabinet has not called for a review of Section 114A of the Evidence Act 1950, according to a report on Sin Chew Daily’s website.
The report, quoting an anonymous source, said cabinet was of the opinion that critics had misinterpreted the law and took it out of context.
According to the source, the government needed Section 114A to combat terrorism and cybercrimes in view of the repeal of the Internal Security Act (ISA) and other preventive detention laws.
The source said Section 114A was never meant to curb online freedom nor punish Internet users.
When contacted, de facto law minister Mohd Nazri Abdul Aziz declined comment.
The cabinet meeting today was chaired today by Deputy Prime Minister Muhyiddin Yassin, as Prime Minister Najib Abdul Razak is overseas.
Yesterday, Najib had ordered cabinet to “discuss” Section 114A after thousands of Malaysian Internet users participated in the Internet Blackout Day campaign.
AG against review
However, Attorney-General Abdul Gani Patail told Malay Mail that the law will not be changed.
The law was passed by Parliament earlier this year and gazetted in July.
Cabinet did not seek review of Section 114A
————————————————————————————————————
Malaysiakini
- Evidence Act protest unites M’sians, again
-
9:34AM Aug 15, 2012
FREE YOURSAY ‘If robbers use a Proton Saga to commit a robbery, can the carmaker be held responsible? The petrol company, too?’
———–
 |
|
Prime Minister Najib Abdul Razak’s announcement of a cabinet review of Section 114A of the Evidence Act proves yet again his flip-flop attitude, Pakatan Rakyat MPs have said.
PAS Kuala Krai MP Dr Mohd Hatta Ramli (left) said Najib’s tweet yesterday proposing a review after protests by civil society groups, political parties and human rights activists was another example of the government failing to study a matter before implementing it.
Bukit Bendera MP Liew Chin Tong said eight laws were passed on a single day during the parliamentary sitting last April, a clear example of the BN government’s haste in passing legislation without proper study.
“The Evidence Act is only one of the weaknesses and this shows that the government has not consulted with the opposition or the stakeholders before implementing it,” Liew said.
………..
Nurul Izzah (right) said the possible review announced by Najib is proof of the PM’s weakness.
“It shows that no transparent discussions were carried out. The announcement of a review was made amidst the nationwide protest,” she said.
———-
‘Evidence Act review another Najib flip-flop’
————
 |
|
MP SPEAKS Barisan Nasional must accept and acknowledge that the amendment to Section 114 of the Evidence Act was a mistake.
Prime Minister Najib Abdul Razak has admitted in a tweet that he has asked the cabinet to discuss Section 114A. He said, “whatever we do, the people must come first”.
With respect to the prime minister, while the voice of the people plays a significant role in the matter and must be given due regard and respect, he should also reflect upon why and how, if the people come first, his government allowed this law to be passed in the first place.
The Bill to amend the Evidence Act was debated in Parliament and it was none other than Mohd Nazri Aziz (right) who responded to concerns raised by the parliamentarians.
Nazri is himself a lawyer. He is said to be the de facto law minister.
The concerns over the reversal of burden were raised by me and other MP’s squarely to him during the debate. He was made well aware of the problem but chose to do nothing about it.
As BN parliamentary whip, Nazri could have stopped the Bill then but, as in the case of all other Bills, it was pushed through.
And now, when there is public outrage, we see the Mps from BN, including the PM, joining in the call for a review. This is good, but really, and with the greatest of respect to them, it makes a complete mockery of Parliament!
Section 114A: BN must take full responsibility
————————————————————————————————————
Malaysiakini
|
7:09PM Aug 14, 2012 |
Prime Minister Najib Abdul Razak has instructed cabinet to “discuss” about the controversial amendments to the Evidence Act 1950 following a major online protest, dubbed as Internet Blackout Day.
Najib said this in a tweet from Saudi Arabia, where he is attending the Organisation of Islamic Cooperation (OIC) summit, that the people must come first.
“I have asked cabinet to discuss Section 114A of the Evidence Act 1950. Whatever we do we must put people first,” wrote Najib.
Najib’s tweet comes almost after dozens of websites adopted the Centre of Independent Journalism’s campaign against Section 114A, which they argued would put innocent Internet users at risk of persecution.
The campaign is heavily discussed on social networking websites and has attracted wide coverage from international news organisations.
Earlier today, some BN leaders such as MCA vice-president Gan Ping Sieu has urged the federal government to review Section 114A of because it will cause hardship to innocent Internet users.
In a press release today, Gan described the law as imposing a “presumption of guilt” among Internet users and service providers who may be victims while the real offenders are at large.
“As an alternative and perhaps a compromise to meet the needs to tackle Internet abuse, a legal duty should be imposed instead so that any innocent agents or Internet service providers must provide full cooperation to enforcement agencies to assist investigations into these cases of Internet abuse,” said Gan.
Gan is among a small group of BN leaders to have expressed concern over the law. Others include Umno Youth chief Khairy Jamaluddin (right) and Saifuddin Abdullah.
In a tweet this evening, Khairy stated he will be meeting de facto law minister Nazri Abdul Aziz on Thursday to ask the government to have another look at Section 114A.
“We must not be oblivious to the voices of many Msians,” he tweeted.
PM bows to pressure, wants to ‘discuss’ Section 114A
____________________________________________________________
Malaysiakini
 |
|
Internet Blackout Day has been dubbed a success due to immense support from various news portals, public figures and personal blogs, among others.
The Centre for Independent Journalism (CIJ), which organised the campaign to oppose Section 114A of the Evidence Act 1950, said it is pleased with the coverage.
“The campaign is a big success. (Twitter trend) #Stop114a is trending worldwide and it is now in Malaysia’s Top 10 trending list,” said executive officer Masjaliza Hamzah (left) when contacted this afternoon.
This campaign also garnered much support on the social website Facebook.
The ‘likes’ on the page themed ‘1Million Malaysians against Evidence (Amendment) (No 2) Act 2012’, had increased from some 2,000 yesterday to more than 30,000 at the time of writing.
“People are not only spreading it on Facebook, but they have even closed their websites for 24 hours to support this campaign,” Masjaliza said.
Websites that have closed down for 24 hours to show their support include those of the Bar Council, NGO Empower, and DAP parliamentary leader Lim Kit Siang.
Others showed their commitment by adding ‘Stop 114A’ pop-ups, banners and articles.
Social activist Marina Mahathir’s blog, PAS organ Harakah Daily, legal forum Loyar Buruk and Malaysiakini are among the websites involved.
Even non-political websites like popular online forum Cari.com.my, prominent automotive-themed blog Paultan.org and gadget portal mobile88 have participated.
Internet Blackout Day hits Twitter Top 10
____________________________________________________________
Malaysiakini
|
7:09PM Aug 14, 2012 |
MCA vice-president Gan Ping Sieu has urged the federal government to review Section 114A of the Evidence Act 1950 because it will cause hardship to innocent Internet users.
In a press release today, Gan described the law imposes a “presumption of guilt” among Internet users and service providers who may be victims while the real offenders are at large.
“As an alternative and perhaps a compromise to meet the needs to tackle Internet abuse, legal duty should be imposed instead so that any innocent agents or Internet service providers must provide full cooperation to enforcement agencies to assist investigations into these cases of Internet abuse,” said Gan.
Gan is among a small group of BN leaders to have expressed concern over the law. Others include Umno Youth chief Khairy Jamaluddin and Saifuddin Abdullah.
The trio, who are frequent Twitter users, appeared to have slow down with their tweets today as thousands of Malaysian Internet users observe Internet Blackout Day, a campaign initiated by Centre of Independent Journalism against Section 114A.
MCA VP wants Section 114A reviewed
____________________________________________________________
The English medium Mainstream Media are not supporting Internet Blackout Day: The Malay Mail, New Straits times, Star and Sundaily show no indication of any support.
___________________________________________________________
Today is Internet Blackout Day
The Internet Blackout Day is part of a campaign to call for the withdrawal of the new Section 114A in the Evidence Act 1950, otherwise known as Evidence (Amendment) (No. 2) Act 2012. It began on May 31, 2012 when CIJ launched an online petition to call on the government to withdraw the Evidence (Amendment) (No. 2) Act. The petition, which received more than 3300 signatures, was handed over to the Deputy Minister in the Prime Minister’s Department VK Liew in Parliament on June 26, 2012.
___________________________________________________________
Upload a pop-up to your website or blog for 24 hours, available here
____________________________________________________________
Internet Blackout Day: Tuesday, 14 August 2012
____________________________________________________________
Malaysiakini
 |
|
Kedah Gerakan Youth chief Tan Keng Liang today started an online drive dubbed ‘BlackOutTipu’ to counter the ‘Stop #114 Internet Blackout’ campaign, questioning the commitment of Pakatan Rakyat leaders to the campaign.
Assuming that the campaign requires participants to refrain from using the Internet for 24 hours, Tan (left), using the the hashtag #BlackOutTipu, called on supporters to catch Pakatan leaders updating their Twitter accounts during the 24-hour-long campaign.
He started the online drive soon after midnight yesterday, on his Twitter account.
“I thought Pakatan people said they’ll ‘Black Out’ for 24 hours but why they’re still tweeting in my timeline? Example of say one thing but do another,” says one of his many messages mocking Pakatan leaders and supporters.
“Malaysians were happy when Pakatan said (it) will go offline for 24 hours… peace for 24 hours. But why are they still around in Twitter?” Tan (left) repeated this morning.
The media watchdog that initiated the campaign, Centre for Independent Journalism (CIJ), explained that supporters need not go offline but were asked to raise public awareness on the issue.
“Again. We’re not really asking people to go offline. Let’s discuss about #stop114a on the Net. It’s an awareness campaign. Show your support!” reads CIJ’s message on its Twitter account.
Gerakan leader mocks Internet Blackout Day
____________________________________________________________
Malaysians hold Internet Blackout Day in protest at new law
Posted 1 hour 59 minutes ago
Businesses across Malaysia are taking part in Internet Blackout Day to protest against a controversial new law regulating online expression.
Section 114A came into force two weeks ago and broadens the scope of who can be held responsible for content published online.
Under the Act, everyone from individuals to those who administer and run online forums, blogs and hosting services can now be held liable for content published through their services, even if it is done anonymously. Any business premises which give free Wi-Fi access to customers could also be affected.
Daniel CerVentus, a web producer, said more than 60 business, including his own, have blocked their sites in protest at the changes.
“The community feels very strongly about this Act because essentially, the onus is on the owner of the site,” Mr CerVentus said. “So it’s guilty until proven innocent which is really against freedom of speech in general.”
It is the first time that Malaysia has held an Internet Blackout Day and the concept has been adapted from similar protests in support of internet freedom in the United States and New Zealand.Internet users who visit participating websites will see a pop-up window which contains the message of the campaign. Many individual web users have changed online profile pictures and avatars to show protest messages.
www.abc.net.au/news/2012-08-14/an-malaysia-blackout/4197836 – Cached
____________________________________________________________
____________________________________________________________
- So what’s with the black pop-up?
-
7:49AM Aug 14, 2012 | 29
- No, we’ve not been hacked. The black screen that you saw earlier is our sign of protest against amendments to the Evidence Act 1950.
Malaysiakini
|
7:49AM Aug 14, 2012 |
……….
Those supporting the blackout campaign
At the time of posting this message, 57 websites in Malaysia – including the news portals, commercial sites, NGO sites and prominent blogs – are participating in the campaign.
News sites
- Free Malaysia Today
- Malaysiakini
- Digital News Asia
- The Nut Graph
- Harakah Daily
- Keadilan Daily
- BFM Radio
- Mobile World
- Tranungkite
- MalaysianWireless
- NegaraKita
Bloggers and public figures
- Marina Mahathir
- Lim Kit Siang
- Tukar Tiub
- Uppercaise
- Nat Tan
- Niki Cheong
- myAsylum
- Anil Netto
- juanajaafar
- NTGravity Zone
- Sarawak Bloggers
- Sivin Kit
- Fahmi Fadzil
- Cyril Dason
- 2dayblogger
- Kaki Sakat
- Lucia Lai
Commercial and entrepreneurship sites
- lelong.com.my
- entrepreneurs.my
- nexusmediaworks
- MOL
- MudahAlih.my
Online resources and community sites
- cari.com.my
- anixekai.com
- LoyarBurok
- mobile88
- jbtalks
- edu.joshuatly.com
- Xela City
Civil societies/NGO/associations sites
- Malaysian Bar Council
- Kajian Politik untuk Perubahan (KPRU)
- Aliran
- Research for Social Advancement, Relevant Facts, Sparkling Analysis (REFSA)
- Sinar Project
- Suara Rakyat Malaysia (Suaram)
- SEACeM
- Tindak Malaysia
- Islamic Renaissance Front (IRF)
- Lawyers for Liberty
- Perak Women for Women
- Empower
- Women’s Centre For Change
- All Women’s Action Society (Awam)
- Sisters in Islam (SIS)
- Women’s Aid Organisation (WAO)
- Voice of the Children
———————————————————————————————————–
Free Malaysia Today
Today is Internet Blackout Day
The Internet Blackout Day initiative is aimed to create awareness among Internet users about the negative impact of the amendment on online expression.
KUALA LUMPUR: Malaysian civil society’s effort in campaigning against the newly introduced Section 114A to the Evidence Act 1950 — Internet Blackout Day – went online this morning, having received endorsements from prominent websites, Netizens and politicians.
The latest to endorse the campaign was Bar Council which had confirmed taking down their website today to support this while DAP is shutting down all websites administered by them and will not be updating their Facebook and Twitter accounts all day today.
Tech-savvy DAP politician Lim Kit Siang and lawyer/avid twitter user Edmund Bon have both vowed to go offline for 24hours.
Bloggers who have pledged to support a pop-up to promote the Stop 114A campaign include Marina Mahathir, Hishamuddin Rais (Tukar Tiub), Uppercaise, Nat Tan, Niki Cheong, Anil Netto, Juana Jaafar, Sarawak Bloggers, Fahmi Fadzil, myasylum etc.
Internet Blackout Day pop-up is also being supported by news sites FreeMalaysiaToday, Malaysiakini, Digital News Asia, The Nut Graph, bfm, Merdeka Review, and party organ news sites Harakah Daily and Keadilan Daily.
Supporters from commercial/entrepreneurial sector include lelong.com.my, entrepreneurs.my, nexusmediaworks and MOL. From the online resources & community sector, cari.com.my, anixekai.com, LoyarBurok, mobile88, jbtalks and edu.joshuatly.com
The pop-up will also appear on these civil society organisation websites: Suaram, Women’s Aid Organisation, Aliran, Kajian Politik untuk Perubahan (KPRU), Research for Social Advancement, Relevant Facts, Sparkling Analysis (REFSA), Sinar Project, SEACeM, Tindak Malaysia, Islamic Renaissance Front (IRF), Lawyers for Liberty, Perak Women for Women, Empower, Women’s Centre For Change, All Women’s Action Society (AWAM), Sisters in Islam (SIS) and more.
On Twitterverse, the campaign is also supported by @sultanmuzaffar – who has 248,119 followers and @klubkiddkl with 223,105 followers.
The Blackout Day has also received international attention — highlighted in tweets by popular whistle-blower WikiLeaks and global digital freedom NGO Access Now.
Today is Internet Blackout Day
————————————————————————————————————-
weehingthong 
Pingback: Internet Blackout Day: Tuesday, 14 August 2012 | weehingthong
Pingback: Three BN leaders to be reprimanded for supporting Internet Blackout Tuesday! | weehingthong