blogger's rights and responsibilities - chap 1 / part 2

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Introduction - Chap 1 / Part 1

1.3 Aims of the Research

Basically, this research aims to discuss on the rights and responsibilities of bloggers according to the Syariah and the Malaysian Law. The researcher will discuss on the code of ethic which should be applicable to blogger and conduct a survey to selected Malaysian Bloggers to know their opinion on such matter. The researcher also will explain about blog and blogger itself, but only in general.

1.4 Literature Reviews

Literature review is the survey and documentation of published and unpublished work in the area of specific interest to the researcher. Reviewing the existing material is an essential early step in any legal or social research[1]. There are various types of literature used by the researcher as books, journals and articles in order to establish the foundation of this research.

Abdul Monir Yaacob on his book “Hak Asasi Manusia Menurut Islam: Sejarah dan Konsepnya” mentioned everyone has the similar right in their life, whether right to speech, to think, to choose religion and others whether they are Muslims or not. The right also come with the responsibility which the freedom must be limit with only what has been allowed by Islam[2]. Therefore, a blogger also has those rights and responsibilities as guided by Syariah. Abdul Monir however only aims on the right of people under Syariah perspective.

Noor Dina binti Barkhia, a lecturer of KIPSAS in her article “Blog: Wadah Cetusan idea Masa Kini, Isu dan Cabarannya” said, blogging activities shows the growing of technology in the world. The freedom of finger to write on ideas, feelings and any writings are existed instead of the right of speech. Noor Dina wrote; a responsible blogger is who write sincerely, trustworthy, publish and disseminate a good knowledge to others. In addition, she said in Islam, whatever consider as good and benefit, if it give to others, the giver will get more rewards from Allah[3]. Thus, who write on what will give benefit or positive impact to others is consider as a good and responsible blogger.

In “Cyber-Laws in the New Economy: The Case of Malaysia” by Mudiarasan Kuppusamy and A. Solucis Santhapparaj, they said Malaysia has long recognized the impending challenges by ICT development. Any related case to information technology or cyberspace is entitled to Malaysian cyber-laws such as the Digital Signature Act 1997, the Computer Crimes Act 1997, the Communication and Multimedia Act 1998, the Copyright (Amendment) Act 1997 and others[4]. In this case, blogger and other Internet users are subject to these related acts and cannot break the laws.

Then, Hairuddin bin Megat Latiff on his article “Hak untuk Didengar” said, everyone have the rights to be heard. It is one of the fair and justice principles that must be applied by the Authorities. Each person has this right which to deny, comment, correct or to defend themselves from any offences by the Authorities[5]. The researcher claims the rights to be heard also applicable to blogger if any accusations fall on them.

In Sabrina Mohamed Hashim’s article which is “Blogging – Are You Exposing Yourself to Legal Liabilities?” mentioned blogger may face with civil and criminal liabilities such as copyright, trademark, defamation, sedition and any other legal risk which may arise based on blogger’s writing. Hence, this article shows blogger’s responsibilities. They must ensure their blog are written in a responsible and lawful manner to avoid the liabilities[6].

Next, in “Islam in ICT Era a More Active Role is Expected and Promoted” written by Norashikin Mohd Yusof, she wrote on the Thirteen Basic Media Norms in Brief as media cannot be used for war purpose, direct and public incitement and others. She also highlighted on the basic Law of Communication in Islam as mutual respect, gentle, truth and Muslim Must Stand United[7]. The rules and guideline given by Norashikin Mohd Yusof can be followed by blogger as there is no specific guide or ethic for blogger in Malaysia, especially Muslim bloggers.

Abdul Kadir bin Mohd. Ayub wrote in “Bahana Media Siber”, the freedom of Internet without limitation is danger to our society. Hence, blogger whoever wrote false statement in their blog may entitled to several acts in Malaysia as under the Communication and Multimedia Act (CMA) 1988. Abdul Kadir focused on the responsibility of blogger under Malaysian Law, which said under the CMA[8].

Lastly, the Malaysian Communication and Multimedia Commission (MCMC) trough Bernama on “What’s Illegal Offline is Illegal Online Too, Says MCMC” reminds Internet users what is illegal online is also consider as illegal online. Others Malaysian laws are applicable to deal with various types of offences which are committed via the Internet or any mobile applications. The commission monitors the Internet randomly and based on complaints to websites in cyberspace and almost blogs[9].

The uniqueness of this research which “Rights and Responsibilities of Blogger under Syariah and Malaysian Law”, the researcher willing to make a compilation on discussed matter. In the same time, the researcher trying to make it as a guideline code of ethics of blogger on the Internet. The researcher suggests the other researchers may do such kind of research which will focus on the liability and offences that subject to blogger who break the law.

1.5 Research Methodology

The methodologies of research will be used on this research such as library-based research which relay on information in law books, media books, articles, thesis, magazines and newspapers. These are the libraries have been visited by the researcher in order to complete the research:

i. Perpustakaan Universiti Sains Islam Malaysia, Nilai.

ii. Perpustakaan Awam Sungai Petani, Sungai Petani.

iii. Perpustakaan Tun Sri Lanang (PTSL), Universiti Kebangsaan Malaysia, Bangi.

iv. Perpustakaan Undang-Undang (PPU), Universiti Kebangsaan Malaysia, Bangi.

v. Perpustakaan Universiti Islam Antarabangsa Malaysia, Gombak.

vi. Perpustakaan Institut Pengurusan dan Penyelidikan Fatwa Sedunia, USIM , Nilai.

vii. Perpustakaan Asasi Universiti Islam Antarabangsa Malaysia, Nilai.

Next, the online-based research which relay on information in the Internet such as online articles, referred journals, newspapers, webs, blogs and others to get the information which the researcher needed. The researcher will use creative thinking in analyzing that information before select it. Some of the webs have been used by the researcher in finding relevant articles are:

1. www.cljlaw.com (Malaysian Current Law Journal)
2. www.ssrn.com (Social Science Research Network)
3. www.ikim.gov.my (Institute of Islamic Understanding Malaysia)
4. www.isoc.org (Internet Society)
5. www.elawyer.com.my (eLawyer: Malaysia Law Jobs and Lawyer Resources)

Lastly, the researcher used a quantitative research as the additional research methodology in this research. There is online questionnaire was disseminated to a sample of Malaysian bloggers to know their opinion and collect their feedback on the research topic.

1.6 Scope and Limitation

The researcher will focus issues related to blogger’s right and responsibility. The researcher limits its discussion under the Syariah and the Malaysian Law. Next, the researcher will conduct an online survey towards a sample of Malaysian bloggers to know their understanding, opinion and suggestion on the rights and responsibilities of blogger under the Syariah and the Malaysian Law.

The online survey chosen by the researcher is the questionnaire method. The online questionnaire is similar to the traditional questionnaire. It contains written questions that people respond, without the aid of an interviewer. The different only the online questionnaire is distributed through the net.

1.7 Research Questions

The research question may describe in general as what the researcher trying to discuss on the research. Questions that arise on this topic are:

1- What are a blog, blogger and blogging activity?

2- What are the right and responsibility of blogger under Syariah and Malaysian Law?

3- What the sample of Malaysian bloggers opinion on such matter?

1.8 Hypothesis

A hypothesis is in the nature of a statement that makes some assertion which the researcher wants to prove or disprove by means of evidence (facts) and argument, or which can be put to test to determine whether it is true or not[10].

The researcher assumes that bloggers may claim that they have right on the blogging activity although with limitation. They also have a responsibility to play as the right to hold. Their rights and responsibilities are not mentioned directly in Syariah and Malaysian Law. However, there are several parts on Syariah and the Malaysian Law acts which may applicable to bloggers.

Author:
Nur Fatimah Zaharah binti Ahmad. 2010. Rights and Responsibilities of Blogger under Syariah and Malaysian Law. (Thesis). USIM. Page 5-10.

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[1] Anwarul Yakin. 2007. Legal Research and Writing. Malaysia: Malayan Law Journal Sdn Bhd. P 42.

[2] Abdul Monir Yaacob. 1986. Hak Asasi Manusia Menurut Islam: Sejarah dan Konsepnya. Bangi: UKM Publisher. P 46-64.

[3] Noor Dina binti Barkhia. 2009. “Blog: Wadah Cetusan Idea Masa Kini, Isu dan Cabarannya”. Al-Sirat (Jurnal KIPSAS). P 32-34.

[4] Mudiarasan Kuppusamy and A. Solucis Santhapparaj. 2006. “Cyber-Laws in the New Economy: The Case of Malaysia”. Asian Journal of Information Technology. Medwell Online. P 885-886.

[5] Hairuddin bin Megat Latiff. [1992] 1 CLJ xxxv. 16^th June 2010. “Hak untuk Didengar”. Law Database of Malaysia. http://www.cljlaw.com.

[6] Sabrina Mohamed Hashim. [2007] 2 CLJ i. 16^th June 2010. “Blogging – Are You Exposing Yourself to Legal Liabilities?”. Law Database of Malaysia. http://www.cljlaw.com.

[7] Norashikin Mohd Yusof. [2002]. 16^th June 2010. “Islam in ICT Era a More Active Role is Expected and Promoted”. Law Database of Malaysia. http://www.cljlaw.com.

[8] Abd. Kadir Mohd. Ayub. 2010. “Bahana Media Siber”. Dewan Masyarakat. May. P 23-24.

[9] n.a. 30^th June 2010. “What's Illegal Offline Is Illegal Online Too, Says MCMC”. Pertubuhan Berita Nasional Malaysia. http://www.bernama.com.

[10] Anwarul Yakin. 2007. Legal Research and Writing. Malaysia: Malayan Law Journal Sdn Bhd. P 36.