Friday, August 29, 2008

Sorry, it's not convincing

The arguments that we have heard so far for blocking Raja Petra Kamaruddin's website have not been convincing at all. If RPK has published materials that are libellous, slanderous and defamatory - and certainly many of his contents are - then, use legal ways to stop him. As I have said, sue him or charge him. If his contents are incorrect, rebuke his arguments and insist on a right of reply. That is how a democracy works. The Malaysian Communications and Multimedia Commission (SKMM) may have the power to block RPK but the question is whether it is the right thing to do. It is not even politically clever because the decision would only create more discontentment against the government, which it can ill afford anymore. It is not just an unpopular decision, it is simply wrong. So what if it has blocked Malaysia Today, his readers can still read his website through his mirror site. What's the point in all this? See On The Beat column of the issue in The Sunday Star.

27 comments:

Michael Gaw said...

Dear Wong,

A ILL CONCEIVED AND STUPID MOVE!!!!!

There may be a FLOP after the FLIP.!!!

JUST WAIT AND SEE.

amoker said...

Well, MCMC actually does not have the power.

From http://aisehman.org/?p=660

Censoring The Internet Is Illegal
28 August 2008

In instructing ISPs to block access to Malaysia Today, MCMC chief operating
officer Sharil Tarmizi argues that:

"We are governed by the Communications and Multimedia Act
(1998) which allows us to take preventive measures and advise
our license holders (such as ISPs) when a service user may be
contravening national laws," he said.

Under Section 263 of the Act, a licensee must "use his best
endeavour" to prevent his/her facilities from being used to violate
any law in the country". [Malaysiakini]

So what law has Raja Petra been found guilty of violating? Which specific
parts of Malaysia Today has been found to be in violation of the law?

MCMC must state these things clearly and specifically.

But it can't, because Raja Petra has not been found guilty of anything that
would allow MCMC to act within the law.

And the law does not empower MCMC to block access to Malaysia Today (which
is an act of censorship), even if Raja Petra has been found guilty.

You know why?

Because the law - specifically Section 3 of the Communications and
Multimedia Act - that MCMC must adhere to states that:

Nothing in this Act shall be construed as permitting
the censorship of the Internet.

That clear enough, MCMC?

You cannot invoke Section 263 to legalise censorship because Section 3 says
that you cannot construe any provision in the Act as permitting censorship.

In other words, as far as censoring the Internet is concerned, no provision
of the Act is open to such interpretation.

Therefore, MCMC has acted outside of the law in instructing ISPs to block
access to Malaysia Today.

The instructions themselves are illegal.

YES, if Raja Petra is found guilty of violating the law for publishing
certain content on Malaysia Today, MCMC can then instruct him to remove the
content in question.

The act of ordering the removal of specific content from Malaysia Today is
NOT censorship.

The act of blocking access to the website IS.

Anonymous said...

Don't tell me that those morons doesn't know that by banning the site you are indirectly making it more popular. RPK is having a good laugh now.

Anonymous said...

To destroy the MSC?

NewChief said...

if someone made comments on blogs, that someone has better be ready to face court for his comments.
so unless,he has concrete evidence, better don't spread slandrous comments.

raja petra's blogs has been removed by order from powerful top-men. why remove? why not go take action to bring him to court to sue his pants off so that this serve as a lesson to be learnt by many. however, i doubt that RP is silly enough to gossip away as i believe he must have concrete evidence in respect to his comments. that's why this 'coward superior' ordered police to repeatedly searching his house to snatch the documents away from RP.

i think PK should now sue the government for breach of privacy and the freedom of speech plus not forgetting this coward superior who might one day become our PM!!

if i am him, i will now take the chance to take the first flight out of malaysia (just like doing bala's disappearing act) since he was the appointed admiral to lead an army of moron barbarian nationalists to P44 & LOST !!

Just ask yourself. do you need a PM who is a coward and a loser?? i prefer the sleepy one instead because this sleepy head might dream of some good things for the rakyat. however, sad to say, i prefer none of them as i will take a chance of a more robust and experienced PM instead !!

Anonymous said...

Bloggers should be responsible for their act too. In this case, RPK has already been summoned by the police.Why must MCMC make a mockery of the whole issue? Looks like we are back to "1951" after
51 years of "Merdeka" - a 3rd World Country in the making!

- Gdd

Anonymous said...

You have put it very clearly: when Malaysia Today can still be easily accessed, what was the point in getting it banned at all? In fact, by “banning” it, they (the government), has only managed to, yet again, make a fool of itself.

You know, in all of this, it is becoming crystal clear that THEY WILL NEVER LEARN.

As such, why do we even want them around at all? I MEAN, IF our leaders refuse to learn from their mistakes, WHY DO WE WANT THEM AROUND AT ALL??!!

I imagine that the people want a leadership and government that is observant, watchful, and willing to learn. If not, they should just get the hell out and let others do what they obviously are either unable to do or reluctant to do.

By refusing to change their self-destructive mentality; by refusing to learn and grow, they are in fact a damaging nuisance and therefore a huge liability.

Day by day, Badawi and all his henchmen continue to give the people another reason to believe THAT THIS IS WHY THEY CANNOT STOMACH THE BN GOVERNMENT ANYMORE!!

This completely transparent dictatorial, draconian rule is what cost them so dearly in the last elections, and this is exactly why Anwar's party is gaining popularity.

It's not that the people love Anwar; I don't fully trust the man, but would I want our BN to continue ruling? No way Jose'!!

I would rather Anwar have the chance to put his money where his mouth is and show the people that he not only talks the talk, he can damn well walk the walk.

If he does that, he will become the most popular leader thus far for the Malaysian people.

If not, there is always the next GE.

telur dua said...

A HP6 Gomen is only capable of HP6 solutions. Anything more is beyond them.

caravanserai said...

The BN scares of influential bloggers
Writings people read some believe in it
Giving alternative news true or false
Let the readers find their ways

Blocking websites just to show
The power BN government gets
It is the people who elected them
The BN leaders should understand

The ground movement has set
Another nail to BN coffin
The BN leaders don’t wake up
Some of them so quiet………
As if they have no voice left

The spirit of the charter
It must be given its proper standing
In it where MSC flourishes
Now it is back to frog in the coconut shell

BN government is trying
To make the transit
When others prosper leap and bound
We are running backwards
Too scared to challenge the global world?

Banning websites
It can’t take away the liberty of the people
The borderless world shall not go away
Wake up and take the challenges
With BN the leaders have no guts to do

Anonymous said...

We have made up our mind. With or without M-T, RPK, or Anwar, we will still vote in Pakatan Rakyat. It does not matter if PR is not the best party in the world. It does not matter if Anwar is the best man to be PM. Anything to replace UMNO is fine, because UMNO is proven to be bad for Malaysia. It is corrupt, it practice divisive politics, and it is authoritarian.

Anonymous said...

wong

it only reflects how stupid this govt is? google aint gonna consider us and how many high paying jobs we gonna lose, huh?b check with rocky,ok/

the dark knight said...

datuk wong,
mabey the anwser is very simple-what RPK writes has truth behind it.Even you can't accept the reasons behind the ban.U are quick to brand his work as defamatory and slanderous....but if the truth is defamatory in nature,it is still the truth.No one can say because it is defamatory it is a lie...

I have reason to believe him,because he is fighting for a genuine cause..like everyone else he wants whats best for our country.

As you said, if the authorities find it seditious,charge him-(but they have done that,and it has no effect because he is wiling to go to jail for his cause and is not intimidated by lawsuits)

you also said, if what he writes is incorrect,then rebunk his arguements-so far nobody from the goverment has attempted to do so..why?.Is it because they can't,or wont?.I believe is the former.

so if sueing his does not stop him,and they cant debunk his arguements..how else to stop people from reading malaysia today?...Presto..so there u have it,their "masterplan" to try and block his website using the usual "seditious" excuse.

-i hope u will publish some letters and sms regarding this issue in the STAR.thank you.

Anonymous said...

It is not that I trust Anwar more but choosing between the devil and the deep blue sea I would rather put my last dollar on Anwar.

Mr. Pig said...

I believe the government should be sensible about the whole thing. It's not a matter of being pro-RPK or anti-RPK, pro-BN or pro-PR.

To me, it's about the right to be heard. We have the right to speak our minds, doesn't matter whether others view it as right or wrong, it's still our right to do so.

The Government and MCMC is losing all credibility by stifling RPK from publishing his posts, as well as stifling readers who choose to view it.

Anonymous said...

Chun Wai

When are they gonna block you Dato ?

Anonymous said...

The Government did not instruct the Malaysian Communications and Multimedia Commission (SKMM) to block access to the Malaysia Today website.

Energy, Water and Communications Minister Datuk Shaziman Abu Mansor said the Government had only given a “general instruction” to the commission to allow all blogs and websites to function provided they adhered to provisions under the Communications and Multimedia Act.

So who decide on blocking MT.

The members of MCMC has the responsibility to respond. See MCMC website for names of members.
They should be sued individually and collectively for abusing Section 263 of the Act

By the way, the COO Sharil Tarmizi was ED of Binafikir, a company thought to be linked to Khairy.

BlueMoon said...

Suing only works in the civilised nations not in the state full with beggars and autas.

libra said...

The move by MCMC really not a wise move. Please do respect blogger's right to express their voice. If something going wrong, it should be done through the legal way but not blocking any site which did happen right now.

Nostradamus said...

Aku menangis pada Hari Merdeka.
(I am Crying on Merdeka (Independence) Day.)

1. Aku menangis kerana rakyat Malaysia telah hilang kegembiraan dan perasaan terhadap masa hadapan negara yang diimpiankan dan tidak seperti semasa Allahyarham Tunku Abdul Rahman melaungkan “Merdeka!”.

(I cry because Malaysians have lost the joy and hope of a future Malaysia as wished for unlike the times when the late Tunku Abdul Rahman shouted "Merdeka". )

2. Aku menanggis memikirkan ada rakyat Malaysia sendiri yang bercakap, berfikir dan bertindak memecahbelahkan rakyat dengan penuh perasaan perkauman dan keagamaan masing-masing tampa ada perasaan kebangsaan dan kesahabatan.

(I cry thinking of some Malaysians who talk, think and act to divide the citizens with their own racists and religious thoughts without a care for nationalism and friendships.)

3. Aku menangis memikirkan ada rakyat Malaysia yang lebih mementingkan sendiri dari negara apabila timbul isu-isu parti, jawatan, habuan, kuasa, kawan, kesahabatan dan keadilan.

(I cry thinking of some Malaysians who care more of themselves rather than the Nation when it comes to issues of party, posts, rewards, power, friends, relationship and fairness.)

4. Aku menangis memikirkan ada rakyat dan keluarga mereka yang masih belum mendapat keadilan sewaktu dipenjarakan, ditindas, dirompak, diugut, didiskriminasikan dan tidak juga dibenarkan bersuara.

(I cry thinking of some citizens and their families who have not obtain justice while being imprisoned, oppressed, robbed, threatened, discriminated and not even allowed the freedom of speech.)

5. Aku menangis memirkirkan ada rakyat Malaysia yang masih hidup Kias Pagi, Makan Pagi; Kias Petang Makan Petang walaupun Malaysia sudah 50 tahun merdeka.

(I cry thinking there are still Malaysians who still live from Hand to Mouth everyday, even though Malaysia has already achieved 50 years of Independence.)

Posted at http://patek1472.wordpress.com

Anonymous said...

Datuk Wong,

Welcome to our tribe of monkey bloggers.

JC said...

Datuk,

Next, they're going to block political blogs. Reason? The usual "seditious" and "security". What else?

Anonymous said...

UMNO will never learn. They are so arrogant. They keep doing and saying things that just keep pissing off the rakyat. This MCMC action is just another of the same shit. And they are all still in self denial. Just read the latest shit from KuLi: UMNO is not racist. UMNO just say and do things that let the opposition say UMNO is racist. ( or something to that effect). It reminds me of the Korek Korek Korek fella. " It looks like we are racist, but we are not racist". Yeah, more self denial.

Anonymous said...

Syed Hamid was quoted as saying that Malaysia Today (RPK) has no respect for religion. That is a real hogwash. I have been reading MT quite regularly. What I conclude is that RPK has no respect for people who PRETEND to be religious, and who abuse the religion to do corrupt and other nasty things. But this has been deviously twisted around to say that RPK has no respect for religion. With this kind of hogwash being dished out by the government and the traditional papers, the people of course prefer to turn to alternative sources like MT, Malaysiakini, and other cyber news sources. Yeah they are not all accurate, but the traditional media cannot be trusted anymore because they are just mouthpieces of BN and have been feeding crap to us.

Anonymous said...

Pure stupidity!

rcchia said...

This ban has not done any real damage to MT, but instead has made it even more popular. If anythimg, it has given it nationwide free publicity instead.

Do continue the ban please and kick up a fuss about it too. The louder the better !!

:-)

amoker said...

And the Ahmad chap who did say racist thing and refuses to apolotize is defended by AAB and given a 'reminder'. apa ini Syed Hamid? UMNO warlords have special priveledges?

Anonymous said...

Guys,

It is not stupid, it is desperate. What RPK wrote may be very hard for us to believe but there are all facts.

The authorities didn't dare to take any action against him because it will expose more of their wrong doing. Out of desperation, they just shut his blog site down. Next they might shut him off too.

Take care, RPK. We need Superman like you to save our country !!