Monday, August 13, 2012


What is Section 114A?

Section 114A is the second of two amendments made to Malaysia’s Evidence Act 1950.

Law Minister Nazri Aziz tabled the second amendment, formally known as Evidence (Amendment) (No2) Act 2012, in Dewan Rakyat on 18 April. James Dawos Mamit supported the motion, and Section 114A was passed after the second and third reading. On 9 May, Dewan Negara passed the amendment.

The amendment was gazetted on 31 July 2012. This means the law is now operational.

What is the purpose of Section 114A?

Section 114A deals with allegedly illicit or harmful content on the Internet. In short, the amendment enables law enforcement officials to swiftly hold someone accountable for publishing seditious, defamatory, or libelous content online.

How does Section 114A affect you?

Titled “Presumption of Fact in Publication”, Section 114A holds the following people accountable for publishing content online:

(1) those who own, administrate, or edit websites open to public contributors, such as online forums or blogs;

(2) those who provide webhosting services or Internet access; and

(3) those own the computer or mobile device used to publish content online.

In other words, if allegedly defamatory content is traced back to your username, electronic device, and/or WiFi network, Section 114A presumes you are guilty of publishing illicit content on the Internet.

But what if you were the victim of identity theft and a hacker wrongfully used your Twitter or Facebook account to post defamatory content?

Under Section 114A, you are still considered guilty until proven innocent.

What is wrong with Section 114A?

Section 114A is problematic for a number of reasons:

i) It disproportionately burdens average Internet users who are wrongfully accused of publishing seditious or defamatory content.

ii) It makes Internet intermediaries–parties that provide online community forums, blogging and hosting services–liable for content that is published through their services.

iii) It allows hackers and cyber criminals to be free by making the person whose account/computer is hacked liable for any content/data which might have changed.

iv) It is a bad law passed in haste and does not take into account public interest and participation.




Mr Lonely said...

yeah! i support it too~ =)

Regards, (A Growing Teenager Diary) ..

bumi-non-malay said...

Well go to my site and learn how to do simple DDOS attack on all UMNO-BN supporters sites..cripple them.....the timing area all by 2 minutes of the hour anytime anywhere.... when its in Sync the effect is like butterfly causing tornada Category 5......don't try do't know.....

Can only list as many critical and essential services stuff......ABU!!

Admin said...

Hi Zorro,

Swiped your post and republished in Internet Blackout day against Section 114A.

If you protest and wants it taken down, Plese let me know

zorro said...

Admin, go ahead, feel free...what appears in my blog is for sharing.

Anonymous said...

People like me not scared. People like you who should be afraid.
This will prevent you from posting irresponsible fitnah.

Jong said...

Congrats, I have tweeted on this and will say it again. Yesss we have created global awareness tha amendment Sect 114A is madness, even Najib away on pilgrimage realizes the effect of the People's outrage and thus the Blackout!.

This silly and idiotic law should not have been there in the first place, to protect who? ..the cow minister, transport minister, health minister, udang minister and defense minister?

zorro said...

Anon510pm said: Anonymous said...
People like me not scared.

Very brave lah you! Even the PM is scared now, yah?

Anonymous said...

UNcle, yes or not? I see Najib very happy one with PAS Nasaruddin in Mekah.
Not scared ah PAS join BN. Leave your Pakatan. I see LKS very sad. Anwar fuming like gila babi

The Anon 5.10pm

Jong said...

Anon 5.10PM,

If you meant that ‘silat master' of umno unity-talks with 'expired shelf-life' seen kow-towing and ushering Najib in the land of the Pilgrims? Yes, Najib seems happy to use this worthless lalang, hoping to create uneasiness for PAS and Pakatan. Fitnah is biasa lah from their direction!

As if PAS cares.

Justice Lover said...

Don’t we see that Najib’s Transformation Programme has drastically widened the gap between the poor and the rich over his three years tenure in office. Malaysia is no doubt going to suffer imminent economic turmoil. I am self-employed and my income has never increased since Najib’s taking over the helm of government due to less and less oportunities available. What is worse is that my purchasing power has been weakened by more or less 30%.

I have no more faith in the UMNO/BN regime and expect worst to come if they win again in the GE13.