COMMENT On Nov 18, 2015, Bantah TPPA issued a statement highlighting that the copyright provision contained within the Trans-Pacific Partnership Agreement (TPPA) would have a negative impact on education. We, students of local public and private universities, are very concerned by this revelation.

Based on preliminary analysis by the Bantah TPPA research team, the copyright clause will make it difficult for us to obtain affordable access to educational resource and publications such as journals and books. This situation will dampen our enthusiasm in seeking knowledge and will make it difficult for us to make an effective contribution to the country’s development.

The government has to realise that education is a fundamental need, and should be accessible to every person in this world.

In fact, the right to education is clearly enshrined and fully protected by Article 26 of the Universal Declaration of Human Rights (UDHR), Articles 13 and 14 of the International Covenant on Economic, Social and Culture (ICESCR) as well as Articles 28, 29 and 40 of the Convention on the Rights of the Child (CRC). In Malaysia’s Federal Constitution, it is clearly stated in Article 12 that every citizen has the right to a good education.

Burdened by rising cost of living

Already burdened by the rising cost of living, gaining affordable access to quality journals on the Internet as well as e-books would greatly help students in improving the quality of our acquired knowledge and intellectual discourse.

This will ultimately result in building a community of graduates who are well-versed and knowledgable in the latest developments and who are able to provide constructive views in order to assist Malaysia in achieving developed country status.

Therefore, in light of the disclosure made by Bantah TPPA, we demand an explanation from the government, through the Education Ministry, Higher Education Ministry and the International Trade and Industry Ministry (Miti), on these issues:

a) Is it true that the court can determine the amount of damages to be paid to the accused by any measure of value submitted by the copyright holders, including lost profits, the value of the material or service according to market value or suggested retail price, even though the activity, such as those organised by the academic sector, is not commercially profitable?

Power to destroy computers

b) Is it true that the court has the power to destroy computers and printing machines owned by the university, which have been used by students to upload copyrighted journals (even though the student is not aware of any violation), and print it using the university printer?

c) Is it true that acts of copyright infringement that do not involve any commercial purpose, which has up to now, been categorised under civil law, will be treated as a criminal offence under the TPPA? Even though it does not involve any commercial purpose and does not violate any criminal law? And is it true that offenders can be jailed?

d) Is it true that the vice-chancellor of the university, as well as the university librarian or the university itself, will be subject to criminal penalties such as imprisonment for helping students complete a project as they are considered to be helping the student in violating copyright regulations as prescribed in the TPPA?

If these queries are indeed true, it would appear that the government does not seem to understand the needs of students who are hungry for knowledge and are seeking it to better ourselves in order to also assist the government by providing suitable ideas for the nation’s benefit.

It would also seem that the government is not concerned about the increase in prices of goods and essential services, such as affordable education, easy access to information and knowledge and other activities that are important for students at this present time.

We truly hope that the government will do the right thing by rejecting the TPPA to protect our welfare as students and not to prioritise corporate interests that are only concerned with making a profit.

Joint statement by:

1) Persatuan Mahasiswa Islam Universiti Malaya (PMIUM),

2) Pembina,

3) Student Progressive Front UiTM,

4) We Unite For Islam (WUFI),

5) Sisters In Movement (SIM),

6) Legasi Mahasiswa Progresif (LMP),

7) Kumpulan Anak Muda Indipenden (Kami),

8) Pro-Mahasiswa UTHM,

9) Lensa Kampus, Lensa Anak Muda Malaysia,

10) Gamis,

11) PKPIM,

12) Gabungan Merdeka Rakyat (GMR),

13) Umany,

14) Mahasiswa Keadilan Malaysia (MKM),

15) Bersatu Perak,

16) Progressive University of Malaya,

17) Gabungan mahasiswa UKM (GMUKM),

18) Gerakan Mahasiswa Selamatkan Negara (GMSN),

19) Gamis Sabah,

20) Pro Mahasiswa UMS KK,

21) Pro Mahasiswa USM,

22) Malaysian Youth and Students' Democratic Movement (Dema),

23) Mahasiswa Pendidik UPSI,

24) Pro Mahasiswa UPM,

25) Akademi Pemikir,

26) Maaruf Club,

27) Persatuan Pengajian Islam Uniten,

28) Serikat Mahasiswa,

29) Warong (UIA), and

30) Kesatuan Mahasiswa Malaysia.