Press fears over Malaysia blogs lawsuit

A defamation lawsuit against two Malaysian bloggers by a pro-government daily has alarmed media watchdogs who say it is a landmark assault on Internet free expression.

The move by the English-language New Straits Times Press (NSTP) is the first time bloggers have been taken to court for their comments on the Internet in Malaysia, where the media is already tightly controlled.

The Southeast Asia Press Alliance (SEAPA) said it viewed the suit against the two well-known bloggers – Jeff Ooi who writes the "Screenshots" blog and Ahirudin Attan of "Rocky's Bru" – with deep concern.

"It will impact on Malaysians' access to diverse and independent news, commentary, and information, and will also adversely 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," it said.

Reporters Without Borders, an international media watchdog which lists Malaysia 92nd out of 168 nations on its worldwide press freedom index, urged New Straits Times CEO Syed Faisal Albar to intervene.

"You will surely accept that, even if they do not share your opinions, the disappearance of the blogs produced by these two outspoken bloggers, Ooi and Ahiruddin, would be a loss to the Malaysian media world," it said.

"We believe that this case is groundless," it said, adding that "it looks to us as though legal procedures are being used as a way of silencing two of your newspaper's critics."

Ooi has been blogging critically about the government since 2003, and won the Reporters Without Borders Blog Award for Asia shortly after.

Ahirudin was the executive editor of the Malay Mail, a newspaper under the NSTP, who started "Rocky's Bru" after leaving the news group in 2006.

SEAPA said that while the plaintiffs – the NSTP and three senior figures in the group – have the right to seek redress against any harm to their reputation, "their suit against the bloggers attacks the burgeoning movement of independent writing itself".
The New Straits Times confirmed in an article on Friday that the legal action was filed and that it was in relation to certain articles and posts that had been published.

Ooi said on Saturday that he was working with his lawyers but declined to comment on his case, which will be heard on January 30. Ahirudin, whose case goes to court on January 25, could not be reached for comment.

Malaysia's parliamentary opposition leader Lim Kit Siang warned that the suit would have a "chilling effect" on the freedom of bloggers.

"As these are the first two cases of Malaysian bloggers being sued for defamation, it will have far-reaching consequences for the healthy, mature and democratic growth for free speech and expression," he said.

Rights group Aliran said it was disturbed by the repercussions the suit might have on Malaysian blogging circles, which have become an important outlet for alternative views.

"Bloggers may feel pressured to exercise more self-censorship and caution, and this might deter them from exposing abuse of power and corruption at the highest levels," it said.

(Source: Channel News Asia)



SEAPA concerned by first libel suit against bloggers

The Southeast Asian Press Alliance (SEAPA) viewed with grave concern a landmark suit in Malaysia filed on 4 January 2007 by a major news group and its top executives against two bloggers for "defamation" and "malicious falsehoods".

"We sees this case as going beyond the interests of private entities. It will impact on Malaysians' access to diverse and independent news, commentary, and information, and will also adversely 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," said SEAPA Executive Director Roby Alampay on 19 January.

While the plaintiffs, the New Straits Times Press (NSTP), its Deputy Chairperson Kalimullah Hassan, Group Editor-in-Chief Hishamuddin Aun and former group editor Brenden Pereira, have the right to seek redress against any harm done to their reputation, "their suit against the bloggers attacks the burgeoning movement of independent writing itself," said Alampay.

The two bloggers being sued, Jeff Ooi and Ahirudin Attan, have been actively exposing ethical issues pertaining to the traditional media that, because of government control, have little room for dissenting views.

Ooi has been blogging critically and controversially of the government and public figures on his "Screenshots" blog since 2003, winning the Reporters Without Borders Freedom Blog Award for Asia soon after.

Ahirudin was the executive editor of the "Malay Mail", a newspaper under the NSTP, who started his "Rocky's Bru" blog after leaving the news group following a financial and structural revamp in early 2006. He has been the president of the National Press Club since 2003.

An 11 January exparte injunction has also been issued, ordering Ooi to remove 13 allegedly defamatory postings about the plaintiffs on his blog by 17 January.

Ooi has also been barred from publishing the same or similar postings until the defamation suit against him is settled. An interparte hearing of the application for an injunction against Ooi will be heard on 30 January.

In the suit against Ahirudin, NSTP Chief Executive Officer Syed Faisal Syed Albar is an additional plaintiff. An injunction ordering for the removal of 48 allegedly defamatory postings from Ahirudin's blog will be heard on 25 January.

SEAPA is concerned that the lawsuits and injunctions will have a detrimental effect in encouraging open public debate and legitimate criticism in matters of public interest. Freedom of expression is a democratic feature that has long been suppressed in Malaysia though a whiff of it has spread in recent years, thanks in large part to the Internet. With the Internet being the focus of the latest lawsuits, however, the boundaries for free speech have reverted to as before.

SEAPA called on the NSTP, as a public entity that often speaks for the Malaysian government in compliance with the role of "development journalism" relegated to traditional media in the country, to hold up to more scrutiny from citizens. SEAPA also urged the aggrieved plaintiffs to respect and uphold free expression, and seek less restrictive means to assert their rights.

- SEAPA