Blogger with new layout?

TAJUK LAIN. ISI LEBIH BANYAK YANG LAIN~! :P~

Huh.. nampak sangat dah lama giler tak buka blog. Tetiba je tengok ada perubahan masa log in. Adehhh... Hahaha! Mula-mula macam pelik, tapi rasa ok kot. Haha! Belum godek-godek lagi. Harap Friendly User lah. 


Ohya. er.. Ade tengok tak video tribute untuk Bersih? Mungkin dah ramai kot tengok. Hehehe.. 


Kepada yang belum tengok Tears of Malaysia, mohle layan kat bawah ni... Eh sebelum tu! Lagu ni ramai yang kritik sebab banyak lirik Bahasa Cina berbanding Bahasa Melayu atau Bahasa Tamil, juga Bahasa Inggeris. 


Tapi yelah.. Sebab lagu ni ilham rakyat Malaysia yang berbangsa Cina dan juga "Chinese Educated", maka saya rasa bukanlah menjadi suatu masalah dalam lirik tu. Lagipun ada translation (dalam Bahasa Inggeris). Apa yang menarik, dalam video ni ada wakil dari masyarakat majmuk malaysia; Cina, India, Melayu. So saya rasa kalau ade orang nak cakap diskriminasi ke ape ke.. benda tu tak layak untuk diperkatakan. Apa yang penting, mesej yang ingin disampaikan.


Oklah, banyak pulak saya membebel. HEHEHE! Jom layan~

Salam REVOLUSI dari puteri =)

blogger's rights and responsibilities - chap 3 / part 2

.........3.2 Rights of Blogger under Malaysian Law

The rights of people under Malaysian law are not based on ethnicity, races or skin colour. They are based on citizenship. Every citizen has same right to one another. Everyone have right to assembly, to speech and others[1]. It also available to legal persons like companies, corporations and statutory bodies if established under Malaysian law[2]. Some rights of human as guided by Malaysian Laws which applicable to blogger are right to speech, right to spread propagation of belief and right of copyright.

3.2.1 Right to Speech

Malaysia is one of Muslim countries in this contemporary world[3] which practice democracy. Democracy requires people to have a lively and informed interest in the process of Government. None of this is possible if there is no right to speech, assembly and association. These rights are, therefore, the essential pillars of a democratic set-up; the life-blood of a free society[4].

In Malaysia there has been less violation of freedom of speech. Perhaps, it is because, one of the means of expression is the newspaper and electronic media and these are under the control of the government[5]. Specifically, there is no mention of freedom of the press or freedom of the electronic media[6] includes web and blog.

In constitutional law, however, it is generally understood that the right to freedom of speech and expression is a combination of many rights in many forms. Communication by word of mouth, signs, symbols and gestures and through works of art, music, sculpture, photographs, films, videos, books, magazines and newspapers are all part of free speech[7].

The Act stated: Fundamental Liberties. Part II of Federal Constitution, Section 10 “Freedom of speech, assembly and association: (1) Subject to Clauses (2), (3) and (4) – (a) Every citizen has the right to freedom of speech and expression”. [8].

In this section 10 (1) (a) stated, every Malaysian citizen are free to speech and express their ideas or views. The act can be applied to bloggers, which said they also have the right to speech and express their own views on their blogs. The Federal Constitution gives to Malaysian the freedom to associate and assemble and speech in one hand. On the other, the same constitution as well as other pieces of laws empowers the authorities to restrict these freedoms[9].

Consequently, no one may deny the right of bloggers in using the blog as a medium to express their views because they have the right to do so. Even though the free speech is limited, but it does not mean blogger cannot write their personal views, interests or others.

..........3.2.2 Right to Spread Propagation of Belief

In the past, the activity of spreading da’wah quite limited. But after years, technologies help the activity become better. Da’wah or religious lecture widely spread through medias; radio, television and nowadays through the Internet[10]. Bloggers may express and promoting their religion on their blog, but cannot condemn other religions.

The Act stated: Fundamental Liberties. Part II of Federal Constitution, Section 11 “Freedom of Religion: (1) Every person has the right to profess and practice his religion and, subject to Clause (4), to propagate it”.[11].

Freedom of religion as a fundamental right is guaranteed under Part II of the Federal Constitution by virtue of section 11 (1). This article shows a special tenderness for religious liberty. For example, proper understanding of the article would portray or show that every person has the right to three things: to profess; to practice and subject to section 11 (4) to propagate his religion.

This fundamental right is available to citizens and as well as non-citizens. It is also not only available to individuals but also to groups and associations[12]. Even though Malaysian proclaims that Islam is the religion of the Federation, but it does not deny other to practice another religion[13]. Propagating own religious understanding is allowed. However, to propagate religion among Muslim is prohibited[14].

The Act stated: Fundamental Liberties. Part II of Federal Constitution, Section 11(4) “State law in respect of the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, federal law may control or restrict the propagation of any religious doctrine or belief among persons professing the religion of Islam”.[15].

The propagators of a belief or religion may use blog as a medium of propagating religion. They may go from one to another blogs and leave a comment which promoting the belief. As mentioned before, the propagation to other belief is disallowed to people professing Islam as their religion, whether the propagators are Muslims or non-Muslims[16].

.........3.2.3 Right of Copyright

The Act stated: Preliminary. Part I of Copyright Act 1987, Section 3 “Interpretation: Literary work includes (a) novels, stories, books, pamphlets, manuscripts, poetical works and the other type of writings”[17].

Copyright is one type of property, called as an intellectual property[18]. Bloggers are similar to traditional writers. The different is, bloggers write and publish their writing on the blogs. Any person who create or write a literary work called as an author[19]. The literary work includes novels, stories, books, poetical work and other writings.

Next, the Act provide: Preliminary. Part I of Copyright Act 1987, Section 4 “Publication: (1) Subject to this section, for the purpose of this Act - (a) a literary, musical or artistic work, or an edition of such work, shall be deemed to have been published only if a copy or copies of the work have been made available with the consent of the author or of any person lawfully claiming under the author in a manner sufficient to satisfy the reasonable requirements of the public, whether by sale or otherwise”[20].

Any literary, musical or artistic work or an edition of such a work should be recognized as published if the publication of the work is with the consent and permission by the author. Then, in order to claim the right on those works, the author of the work must prove that the work has been published. Whether the work published in high or less quality, it does not be a matter.

The Act stated: Preliminary. Part I of Copyright Act 1987, Section 7 “Works eligible for copyright: (2) Works shall be protected irrespective of their quality and the purpose for which they were created”[21].

Maintaining the copyright become challenge at the present time of technology, new platforms for creation, exploitation and distribution of new works as well the existing copyright works[22]. In case a blogger’s writing copied by others, he or she has right to claim the works belong to them. Bloggers may take a legal action to those who copied their works without their consent or even not give them a credit[23]; because the works on the net also consider as the literary work, and it is protected according to the Act.

Author:
Nur Fatimah Zaharah binti Ahmad. 2010. Rights and Responsibilities of Blogger under Syariah and Malaysian Law. (Thesis). USIM. Page 27-32.

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[1] Badariah Sahamid. 2005. Jurisprudens dan Teori Undang-Undang dalam Konteks Malaysia. Selangor, Malaysia: Sweet & Maxwell Asia. P 50-51.

[2] Shad Saleem Faruqi. [1992] 4 CLJ 1xiv. 8^th October 2010. “Free Speech and the Constitution”. Law Database of Malaysia. http://www.cljlaw.com.

[3] Mahbubul Islam. 2002. “Freedom of Religious Association, Assembly and Speech”. Freedom of Religion in Shari’ah: A Comparative Analysis. Kuala Lumpur: A. S. Noordeen. P 381.

[4] Shad Saleem Faruqi. [1992] 4 CLJ 1xiv. 8^th October 2010. “Free Speech and the Constitution”.

[5] Mahbubul Islam. 2002. “Freedom of Religious Association, Assembly and Speech”. Freedom of Religion in Shari’ah: A Comparative Analysis. P 376.

[6] Shad Saleem Faruqi. [1992] 4 CLJ 1xiv. “Free Speech and the Constitution”.

[7] ibid.

[8] Federal Constitution (As at 20^th June 2009). 2009. International Law Book Services: Malaysia. P 18.

[9] Mahbubul Islam. 2002. P 381.

[10] Abu Bakar Majeed. 2^nd October 2010. “Berdakwah Melalui Internet”. Institut Kefahaman Islam Malaysia. http://www.ikim.gov.my.

[11] Federal Constitution (As at 20^th June 2009). 2009. P 19.

[12] Ahmad Masum. [2009] 2 CLJ i. 8^th October 2010. “Freedom of Religion under the Malaysian Federal Constitution”. Law Database of Malaysia. http://www.cljlaw.com.

[13] Federal Constitution (As at 20^th June 2009). P 13.

[14] Ahmad Masum. [2009] 2 CLJ i. 8^th October 2010. “Freedom of Religion under the Malaysian Federal Constitution”.

[15] Federal Constitution. P 19.

[16] Ahmad Masum. [2009] 2 CLJ i.

[17] Copyright Act 1987. 2001. Law Database of Malaysia. http://www.cljlaw.com.

[18] Ellen M. Kozak. 1995. Panduan Hak Cipta dan Undang-Undang Penerbitan untuk Penulis. (trans.). Ismail Ahmad. Malaysia: Dewan Bahasa dan Pustaka. P 27.

[19] Copyright Act 1987. 2001.

[20] ibid.

[21] ibid.

[22] Khaw Lake Tee. 2004. 16^th October 2010. “Copyright Law in Malaysia: Does the Balance Hold?”. Journal of Malaysian and Comparative Law. http://www.commonlii.org/my

[23] Credit: The researcher define it as giving to the author knowledge that his or her writing has been copied, or put his or link below the writing on other blog as a reference; they are the actual owner of the works.

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.

blogger's rights and responsibilities - chap 2 / part 3

Related post:
- Rights of Blogger under Syariah

2.3 Responsibilities of Blogger under Syariah

Responsibility and morality are closely related to ethic[1]. Ethic is applicable to all life situations and should not be discarded simply because there are differences in what individuals say or do in their life. What is legal is ethical and conversely, whatever is illegal is unethical[2]. Some of responsibilities of human as guided by Syariah which applicable to blogger are spreading the da’wah, no lies and no defame to others, and investigate the information status.

2.3.1 Spreading the Da’wah

Islam is not only for by Arab or Malay but for the whole of human being. In this case, da’wah or propagation of Islam is responsible to all Muslim[3]. They must invite people into good and treat the bad thing, which called as amar ma’ruf nahi munkar[4]. In the past, the allocation of da’wah only through the manual medium such as books, talks and discussion[5]. In the area of Information Communication and Technology (ICT) nowadays, there are various medium offers the opportunity to propagation of Islam.

Muslims must take the advantage from ICT for the sake and in the name of corporation as well as ummah[6]. As Syaikh Abdullah bin Abdurrahman Al-Jibrin wrote in his book “Al-Fatawa Asy-Syara’iyyah Fi Al-Masail Al-Ashriyyah Min Fatawa Ulama Al-Balad Al-Haram”, Islamic scholars and Muslim should benefit the advantages that offered by the Internet in spreading the da’wah for example using Facebook[7], blogs and others.

Allah said: “O believers! Shall I point to you a bargain that will save you from a painful torment? That is, you believe in Allah and His Messenger and you strive to defend and upload the religion of Allah with your wealth and your persons. That would be best for you, if you but knew (the truth)!”. (Al-Quran. As-Saff 61: 10-11).

In Islam, every Muslims are responsible to spreads da’wah and advice to all people, including Muslim and Non-Muslim. In conducting da’wah, the basic laws of communication in Islam must be followed. Some of the basic laws are showing the good behavior in every circumstances, whether by words, body language and the writing. Even though the other party deny or act against the Muslim and Islam, Muslims are forbid to reciprocate in the same manner to them[8].

By the advantages promoted of Internet, blogs can be a good platform or medium to talk on Islamic matter. The researcher found most sites appear in the top rank of search engine (Google Search Engine) are blogs. Hence, Muslims blogger may use blog for da’wah purpose as Shah Kirit (speakers on Comparative Religion and on Islam for non-Muslims in Malaysia) has done.

2.3.2 No Lies and No Defame to Others

Muslims should have the trustworthy and sincerity in themselves[9]. The honesty will make human become a noble believer in the view of Islam, while the dishonest will bring human into injustice and evil. The Prophet condemn bad attitudes such lying, fraudulent and false statement[10]. Such attitudes are included in the part of big sin to Allah[11].

It is true that everyone have the right to speech. However there are several matters that cannot be spoken on must be followed[12]. The words that contain fraudulent also prohibited because it is danger to society. The fraudulent is closely to defamation which forbidden in Islam[13]. Including raving someone with invalid reason and evident[14].

The researcher defined the defamation as saying untruthful word or makes a false statement of others which may cause to their reputation. Defamation may derive from words, writings, advertisement and others[15]. On the other hand, the freedom of speech cannot be misused to incite or to defame any particular person or party.

Allah said: “Indeed those who spread the slander were a group among you. Do not consider it (the slander) as a bad thing for you, in fact it is good for you. Each one of them shall be punished according to the sin he committed. As for him who had the greater share of the sin, his punishment (in this world and the Hereafter) shall be terrible indeed”. (Al-Quran. An-Nur 24: 11).

As said before, Islam prevents Muslims from lying to each other. The other attitudes which disallow are the act of contempt and defamation because it will cause injury and influence to the reputation of the person to be[16]. If the word and even the writing contain defamation to others, the speaker or the writer can be charge.

Bloggers also not exempt to avoid fraudulent in their writing. They must avoid from writing a false statement, lies, fraudulent and especially the defamation which consider as a big sin in Islam[17].

2.3.3 Investigate the Information Status

Defamation by wicked person exists since the period of the Prophet Muhammad. It may exist and happed, furthermore in our advanced time. Every Muslims be required to beware with the word or news they get either verbally or non-verbally. If the word contains mistake or untruth, it is an offence[18].

Allah said: “O believers! If a wicked person brings you a piece of news, inquire first into its truth, lest you should wrong others unwittingly and repent of what you have done”. (Al-Quran. Al-Hujurat 49: 6).

New news cannot be trust totally before identified its status. In accepting news, Islam teach its believers to inquire it first to know whether the news is truth or otherwise. If that accepted news not base to the real facts, it may trap someone into defamation[19].

By the advanced of ICT, everything can be transmit and receive quickly. Files including pictures, videos, articles and can be spread into the whole word just in a second as well uploading and downloading activities. Besides, posting activities in blogs can publish rapidly.

In this situation, when a blogger want to copy any articles or news, he or she be supposed to ensure that information it correct and truth before publish it on his or her blog. This is the most important responsibility that should play by bloggers, to prevent them from disseminate an inaccuracy information.

Author:
Nur Fatimah Zaharah binti Ahmad. 2010. Rights and Responsibilities of Blogger under Syariah and Malaysian Law. (Thesis). USIM. Page 20-24.

Note:
Rights and Responsibilities of Blogger under Malaysian on the next post.

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[1] n.a. 19 Aug 2010. “Ethic or know thyself”. Theory of Knowledge: International Baccalaureate. http://www.amyscott.com.

[2] R. K. Suri and friends. 2001. Information Technology Laws: Laws relating to Cyber & E-Commerce. Kuala Lumpur: International Law Book Services. P 7.

[3] Shah Kirit bin Kalkulal Govindji. 15^th Aug 2010. “Kewajipan Berdakwah”. ShahKirit.Com. http://www.shahkirit.com.

[4] n.a. 15^th Aug 2010. “Kewajipan Berdakwah Walaupun Diri belum Sempurna”. Halaqah-Online. http://www.halaqah-online.com.

[5] Ezry Fahmy Yusof. 2009. “Dakwah menggunakan Facebook”. Majalah i. September 2009. Selangor: Kumpulan Karangkraf Sdn. Bhd. P28.

[6] Norashikin Mohd Yusof. [2002]. 16^th June 2010. “Islam in ICT Era a More Active Role is Expected and Promoted”.

[7] Ezry Fahmy Yusof. 2009. “Dakwah menggunakan Facebook”. P28-29.

[8] Norashikin Mohd Yusof. [2002]. “Islam in ICT Era a More Active Role is Expected and Promoted”.

[9] Mohd Abdul Qadir. 1997. Fitrah Muslim Sejati. Johor Bahru: Perniagaan Jahabersa. P 8.

[10] ibid. P 8.

[11] ibid. P 89-90.

[12] Ismail bin Haji Hashim. 2000. “Hak Bersuara Ada Sempadan”.

[13] Shodiq Ramadhan. 15^th August 2010. “Berita Bohong”. Suara Islam Online. http://www.suara-islam.com.

[14] Abu Bakr Jabir al-Jazairi. 19^st August 2010. “Etika terhadap Muslim lainnya dan Hak-Hak Muslim atas Dirinya”. (Trans.) Fadhli Bahri (Darul Falah). Pusat Kajian Islam. http://alislamu.com.

[15] Zainudin Hashim. 15^th August 2010. “Umat Islam dibelenggu Pelbagai Fitnah”. Harakahdaily.Net. http://www.harakahdaily.net.

[16] Mohd Abdul Qadir. 1997. Fitrah Muslim Sejati. Johor Bahru: Perniagaan Jahabersa. P 73-76.

[17] ibid. P 89-90.

[18] Mohd Kamel Mat Salleh. 19^th August 2010. “Penyebaran Fitnah Bahaya jika tidak dibendung”. Portal Rasmi JAKIM. http://www.islam.gov.my.

[19] ibid.