Blogger Defamation Suit - The Silver Lining.
The New Straits Times Press (M) Berhad, its deputy chairman, chief executive officer, group editor-in-chief and Brendan Pereira have filed a suit in the High Court here against blogger Ahirudin Attan for defamation and malicious falsehood.The suit filed on Jan 4 is 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 injunction is fixed for hearing on Jan 25.
The plaintiffs also filed a 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.
***** Understandably the blogosphere is abuzz with nervous excitement and anger with regard to the lawsuit and there is unanimous support for the two bloggers. This is one legal action that was simply waiting to happen. There are some with a legal background who opine that the daily posts on the goings-on at NSTP by the above-mentioned bloggers even if seen with strict neutrality and impartiality did at times come very close to being termed as defamatory.
Among the questions which everyone should consider is whether the plaintiffs from NSTP have a right to sue. Equally important is whether bloggers have an inherent right not to face legal action for their posts.
The defendants have nothing to fear if their comments are within the limits of 'considered opinion,' their accounts of events involving the plaintiffs can be checked for accuracy and there are no blatant defamatory statements in their posts.
One good that may emerge from all this unnecessary legal action taken by the plaintiffs is that, the judicial verdict to come, favourable or unfavourable, would set the limit and standard for future blog posts at least in Malaysia. It would introduce an element of certainty to blogging. If the learned judges were to view the upcoming case benignly and pronounce that freedom of expression is paramount and there is no case to answer that would indeed be a big step forward for the Malaysian blogosphere. In addition if they were to laud the defendants for blogging openly and not anonymously and commend them for taking on and publicizing issues that the mainstream media sometimes runs shy of, it would give great impetus to bloggers as a whole.
Alas, one can't know what's in the minds of judges. Let's wait and see.
Labels: Internet, Legal Matters.
posted by The Malaysian. at 1/19/2007 11:41:00 AM
7 Comments:
1. more often than not, bloggers articles/commentaries are baseless allegations/heresay and rumours based. They are also products of ignorant minds most of the times. so, when you DEMAND freedom to expression, do not question the right of others to defend themselves against your defamatory and maliciously intent writings or articles.
2. whats the fuss about the nstp suit? they have a right to sue on the basis of defamatory and malicious intent as much as bloggers have a right to blog. what you blog and allow to be posted is your responsibility! Those bloggers who feel angry about the suit as stated by The Malaysian should go and have thier head examined!
3. as far as paragraph 3 of your commentary, OF COURSE, if what you post and allow to be posted are not defamation, we would not be talking about the law suits right?
BTW what you think is not defamation or malicious intent may not be necessarily so in the eyes of those you referred to and OF COURSE what matters is what the judge decides when it goes to court.
Oi warrior u are a half past six blog failure. Dont speak nonsens about the other bloggers. Why you jealous no one visit your hamsap blog aah?
Warrior2, is part of the gang of macai.net and kpmu, amaterish cyber warriors of PL/KJ under Dr Vincent Lim and Dato Azlina.
Their websites have been generating spinnign news and outrite lies. However, the have not attracted the audience. Their websites had refused comments on their articles because they couldn't convincingly defend the cricism of the article posted on their webs. This are just a few and they couldn't handle it.
Recently their alliace formed a blog called Siber Party of Malaysia in response to the huge support to the campaign and unity call orchestrated by kickdefella.
Now they as a group have attacked all blogs with the common message that freedom of speech has a limit when it is defamatory. Apart from warrior2, you wil see names like Muhammad Abdullah, Mydeen Aboo Backer, juslo, and many others spamming their views all over blogiosphere.
Beware.
The issues is more than just that. Thats just a justification to their spore-style strategy to use the court to stifle opponents, especially small ones.
with reference to this... "Among the questions which everyone should consider is whether the plaintiffs from NSTP have a right to sue. Equally important is whether bloggers have an inherent right not to face legal action for their posts."
isn't it obvious that in a democracy every person has the right to sue and every person must take responsibility for his/her action?
so, what is there to consider?
however, the question to consider is whether a newspaper should sue an individual... this is the issue!
I, for one, would NOT bat an eyelid if the lawsuits had been between the individuals concerned... but, using the newspaper to sue?
well, that's a different ball game!
in a democracy... it's the newspapers that get lawsuits for their expose... that's what newspapers are there for... the so-called Fifth Estate!
by definition Malaysia is still a democracy, right? (irrespective of what some people might want to think.)
With apology The Malaysian but do allow me this space and thanking you in advance. I had this posted at Malik Imtiaz's blog:
Malik, stay focus. While we understand the need for you to reply to some of the posters here, but don't waste anymore of your time to engage this bunch of people (those from SiPM and muhammad abdullah). And very soon too, few more other names will crop up here as they did at Rocky's, Jeff's, Sheih's, RPK's and Marina's.
We are profiling them. Let us be the ones instead, to engage them, not by replying to their spinning for their masters, but exposing and identifying who they really are.
The sooner we ignore and not allowing them this platform to create chaos and disunity among bloggers, the better prepared we are to face the real issue in hand.
Don't bother to reply us on this, gang of 4 (or should I add on 'th Floor' to it?). Our purpose and function is to sniff you all out.
Good Job! :)
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