Rais decries dodgy enforcement of blogging laws

Malaysia's laws are adequate to govern blogging or views expressed on the Internet, but there is a need for better and consistent enforcement, said Minister of Information, Communications and Culture Rais Yatim.

“I think we have enough laws, (and) the do's and the don'ts. But lamentably, I must admit enforcement is questionable at certain levels, “ he told the British Broadcasting Corporation’s correspondent Robin Brant in an interview to be aired today on radio and television channels.

“If the Penal Code is being violated in terms of criminal defamation... than the action should be swift and fair - bring it before the court.

“However, there are so many instances (when) we do not bring them to court. (Then) suddenly, somebody (is taken) to court. This gives an unbalance picture at times [...] There will come a time when the people will say that the system is fair.”

The interview was recorded at his office at the historic Sultan Abdul Samad building, facing Dataran Merdeka in Kuala Lumpur. A copy of the transcript was made available to Malaysiakini .

Asked if the government would be tougher, the minister replied a just approach should be demanded out of the system.

“We must always respect the basic human rights enshrined under Article 5 of the federal constitution,” Rais said.

He conceded that the Home Ministry and the government were wrong in detaining Sin Chew Daily reporter Tan Hoon Cheng last September under the repressive Internal Security Act (ISA), noting that it would be best for the government to admit this.

“I think the authorities have just done that. They released her within a short space of time,” he said.

The minister was also asked to comment on the wrongful detention of blogger Raja Petra Kamarudin for 53 days under the ISA before he was released by the Shah Alam High Court last November.

Judge Syed Ahmad Helmy Syed Ahmad had ruled that the process and procedures were not followed and honoured, by law enforcers, namely the home minister (at the time, Syed Hamid Albar).

“You may remember that the case was thrown out. .. You may say we may not be correct all the time, but neither are we ashamed when we have shortcomings (that) we ought to own up. It should not have happened in a way and authorities should have been more careful,” said Rais.

Rais, who has done research on the ISA and was known to hold strong views against its use, commended current Home Minister Hishammuddin Hussein for releasing 13 detainees last Saturday, including Hindu Rights Action Force leader P Uthayakumar .

“I am very happy with this development. We are of the opinion if we make mistakes, we must not be ashamed to say we have done so. But at the same time, things must move to a level where the people should be happy with what we do.”

Views on blogging

On Raja Petra, who is living in self-imposed exile ostensibly to escape being detained again under the ISA, Rais described him as an expressive individual who has had his say on many matters.

“I only hope that he also gives us credit for some of the things we do. But he appears to be on a one-slice [sic] action all the time.

“I respect him for his views and for his style of (comment), but I do hope that Raja Petra (left) comes up with both sides of the spectrum, so that his reporting (is) balanced. (This will make) him more popular.

“For example, if we are successful in helping the community in an anti-poverty drive, why can't he say that it is a good move?”

Rais called on the blogger to be fair in his assessment of situations in Malaysia.

“My prime minister (Najib Abdul Razak) is entitled to his view (on Raja Petra) and I am entitled to mine. But if everything in this world is too fair and too just, of course we would not have this talk, would we?”

Rais also said people need not be fearful of arrests under the Communication and Multimedia Act 1998, which his ministry enforces.

However, he said the public should “always respect” laws like the ISA and the Printing Presses and Publications Act 1984, which are under the home minister’s purview.

Several bloggers have already been charged with sedition since February, for posting comments on the Perak royalty amidst the ongoing political imbroglio in the state.

Rais described the emergence of blogging as a new trend that has overcome the limitations posed to the public in accessing the print media to express their views.

He said blogs are still a novelty in Malaysia, but that no party can curtail blogging because of the emergency of a value system that demands freedom of expression.

“However, do it responsibly. If you libel a guy or you defame a guy, you have to answer for it in the court of law,” he added.

“I think that is fair... It is better that you verify your facts (before you write). If they bring you to court, you have answer to it.”