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PM asks world to stop forces of extremism
Speaking later, Abdullah said the government would not censor bloggers but they had to be responsible and that they could be subject to defamation, sedition and other laws.

"They cannot hide or take advantage of a situation and do something against the law," he said when asked to respond to the suit being taken by the New Straits Times Press (M) Bhd, its deputy chairman Datuk Kalimullah Hassan, chief executive officer Datuk Syed Faizal Syed Albar and former group editor Brendan Pereira against Ahirudin Attan and Ooi Chuan Aun over their web postings.

He said bloggers could not plead ignorance of the laws as freedom without responsibility would be anarchy.

Bloggers subject to same rules
KUALA LUMPUR: Bloggers are liable for defamation — just as in other forms of communication, lawyers and other experts said.

Kuala Lumpur Bar chairman Lim Chee Wee said statements on the Internet were simply writings in a different medium.

"You can call them blogs, online forums, websites, they’re all subject to the same defamation laws if offending statements are published," he said.

Lim agreed with Prime Minister Datuk Seri Abdullah Ahmad Badawi, who said in London on Tuesday that although bloggers would not be restricted, they could be subject to defamation, sedition and other laws.

"They cannot hide or take advantage of a situation and do something against the law," he said.

"I also welcome the prime minister’s statement that blogs will not be censored," Lim said.

Law expert Prof Dr Shad Saleem Faruqi said there was no doubt the rules of defamation applied to blogs and Internet forums.

"The definition of speech covers every form of communication in whatever form, written or symbolic. There is no doubt that bloggers are subject to the same rules."

Asked whether defamation laws in the West were more advanced than Malaysia’s, Shad Saleem said, "In fact we tend to give people much more freedom to defame because we have no privacy laws unlike most Western countries."

Lawyer Datuk Dominic Puthucheary, who has represented a major local publication against defamation, said, "Our laws on defamation should be governed by Article 10 of the Federal Constitution which provides for freedom of speech, unless limited by Parliament."

There is no law restricting people on the content of their blogs, he said. But "if something is either spoken or written in a permanent form, it is liable for defamation according to basic common law".

That was his advice to a politician on a statement that had been taken from the Internet and broadcast.

Puthucheary also drew a line between private and public individuals: "A defamatory statement against a private person is actionable," he said.

"When it comes to public interest issues and the conduct of public officers, it is not defamatory in some jurisdictions unless there is reckless disregard for the truth. But it is still an open question here."

The former Member of Parliament said the legislature should draft laws to deal with defamation in the "new forms of communication".

Lawyer Nahendran Navaratnam agreed that legislative changes were needed "to ensure that protection is given both to bloggers and those who are the subject of discussion on the Internet".

National Union of Journalists president Norila Mohd Daud said it was logical that defamation laws would apply to blog postings.

"Right now our laws do not cover blogs or online forums, but I think it’s simple logic that a defamatory statement can reach the public via any medium, by newspapers, magazines or the Internet."

Norila also agreed that bloggers had to exercise caution on their websites.

"It is true that bloggers have to be responsible. You can express your opinions but we have to see it from the point of view of the people who are named," she said.

NSTP wants postings in blogs removed
KUALA LUMPUR: Blogger Ahirudin Attan, who is slapped with a defamation and malicious falsehood suit, continues to display comments from his readers that are prejudicial to the case.

The plaintiffs, New Straits Times Press (M) Berhad, its deputy chairman, chief executive officer, group-editor-in-chief and Brendan Pereira raised the issue before High Court judge Datuk Hishamudin Yunus and wanted the postings removed.

Rishwant Singh, a co-counsel appearing for the NSTP and the other four, said the matter was brought to the attention of Hishamudin, who was scheduled to hear an injunction application yesterday pending the hearing of the suit filed on Jan 4.

Rishwant said the injunction proceedings could not go on because the defendant had filed an application to strike out the suit. "Parties have agreed to first argue on the striking-out application."

The striking-out application has been fixed for Feb 22 but no dates have been set to hear the injunction proceedings.

Counsel Malik Imtiaz Sarwar, who is representing Ahirudin, said the defendant wanted the plaintiffs to provide details of the comments in the weblog which were said to be subjudicial to the suit.

Hishamudin adjourned to Monday for the plaintiffs and the defendant to give him an update of the situation.

The suit was in relation to certain articles and posts that have been published, or permitted to be published, by Ahirudin on his weblog. It is part of the plaintiffs’ case that these articles refer to them and are defamatory.

The plaintiffs have also applied for an injunction which, among others, seeks to require the defendant to remove certain articles from his weblog and restrain him from publishing further articles defamatory of the plaintiffs.

The NSTP, its deputy chairman, the group editor-in-chief and Brendan Pereira had also filed similar action against another blogger, Ooi Chuan Aun, on the same day for defamation and malicious falsehood.

The suit relates to certain articles and posts published, or permitted to be published, by Ooi on his weblog to defame the plaintiffs.

The plaintiffs applied for an injunction requiring Ooi to remove certain articles from his weblog, which the High Court granted on Jan 11.

The order also restrains Ooi from publishing the same or similar articles about the plaintiffs. Ooi has entered an appearance and is expected to defend the action.