blogger's rights and responsibilities - chap 3 / part 1

CHAPTER THREE:

.....RIGHTS AND RESPONSIBILITIES OF BLOGGER UNDER MALAYSIAN LAW

3.1 Introduction

In this chapter, the researcher will discuss briefly on the presence of Internet and blogging phenomenon in Malaysia. Report and research on blogging in Malaysia will be included. Next, the researcher will focus on the rights and responsibilities of blogger under the Malaysian Law.

Internet presence in Malaysia is about several years ago when Jaring first started the Internet service in 1993[1]. The first three years was considered the beginning of the Internet age in Malaysia. The growth in the number of internet host in Malaysia began around 1996[2].

According to the first Malaysian by MIMOS and Beta Interactive Services, one out of every thousand Malaysian had access to the internet (20,000 internet users out of population of 20 million). In 1998, this number grew to 2.6% of the population[3]. Nowadays, Jaring and TMnet are the famous Internet Service Provider (ISP) among consumers rather than other ISP in Malaysia[4].

The Internet, a part of ICT, plays the important role in connecting the developing countries with the developed countries. Although ICT brings several amounts of benefits in a country, it also has created complex new challenges, especially on legislation. The enactment of cyber-law is important in order to regulate identification of legal entities in cyberspace, privacy protection and intellectual property[5].

3.1.1 Blogosphere in Malaysia

A Windows Live Spaces and Harris Interactive Report on blogging in Asia found include nearly half of those online in Asia have a blog, 50% believe blog content to be trustworthy as traditional media and 41% spend more than three hours a week blogging. The report also showed that Asia’s blogosphere is fueled by young people and woman[6].

The Malaysian Information, Communications, and Culture Minister, Datuk Seri Dr. Rais Yatim said, a written statement or article in cyber are subject to the Communication and Multimedia Act 1988, which stated that whoever write false statement can be imprison for the duration of three until seven years[7]. In the context of Malaysian society which arises from different races, the freedom on the cyberspace without any limitation is danger; it may cause the negative impact to our society.

Hence, the freedom on the Internet must be control via the enforcement of existence cyber-law in Malaysia, as the firm The act of bring unethical blog writer to the court is the right way and the other blog writer may learned from it to be more responsible in what they write on their blog. In Western, a blog writer used to be sued based on their writing. In addition, Datuk Seri Dr. Rais Yatim said, our government will not take any action toward blogger who apologize on their mistake[8].

Author:
Nur Fatimah Zaharah binti Ahmad. 2010. Rights and Responsibilities of Blogger under Syariah and Malaysian Law. (Thesis). USIM. Page 25-27.

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[1] NK Khoo. 2009. 27^th May 2010. “Internet in Malaysia”. Nkkhoo.Com. http://www.nkkhoo.com.

[2] Peng Hwa Ang and Chee Meng Loh. 12^th October 2010. “Internet Development in Malaysia”. Internet Society. http://www.isoc.org.

[3] John Paynter and Jackie Lim, 2001. Drivers and Impediments to E-Commerce in Malaysia, Malaysian Journal of Library and Information Science, Vol 6, No 2, Dec 2001: 1-19.

[4] Mohamad Suandi Hasan. 2009. 26^th August 2010. “Cabaran dan Kaedah Penggunaan Internet Secara Bijaksana”. Malaysia Aktif. http://malaysiaaktif.com.

[5] 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.

[6] Allen Stern. 2006. 16^th June 2010. “Blogging Phenomenon Sweeps Asia”.Center Networks. http://www.centernetworks.com.

[7] Abd. Kadir Mohd. Ayub. 2010. P 24.

[8] ibid.