Bar Council slams plan to amend PPPA

There is a heavy cloud of apprehension and suspicion hanging over the proposed amendments to the Printing Presses and Publications Act 1984, in a bid to regulate online news portals.

As if there are not enough restrictive laws in Malaysia, some see the move as a backward step. In contrast, other countries are making huge leaps forward in human rights as well as Internet freedom.

Bar Council chairperson Ragunath Kesavan described as unworkable and impractical the move to regulate online media impractical, and what is more, damaging as it may affect Malaysia's standing in the United Nations Human Rights Council.

"If implemented, then the government is not thinking of the long-term effects. It does not make sense. What if the servers are outside Malaysia or there are anonymous postings made. It is simply not practical and does not make sense to implement," he told Malaysiakini.

"How would you know who they are, and if shut down today, they may open a different one tomorrow," he said, adding that the Bar Council was not consulted or asked for its views on the matter.

Malaysia was re-elected to a seat on the UN Human Rights Council last year with its term expiring in 2013.

Ragunath (right) said the government must recognise the fact that the public today is more mature and know how to differentiate right from wrong.

He then recommended that instead, the government do away with the licensing requirement for the main stream media.

"If you ask online news media portals to be licensed it would defeat the purpose. What the government should do is introduce a level playing field for all media."

Addition to draconian laws

On Tuesday, Home Ministry secretary-general Mahmood Adam said the ministry will amend the PPPA to expand its scope and include ‘publications' posted online to plug existing loopholes.

It would also provide a new definition of publication and whether to include Internet content, blogs or Facebook for the law to keep pace with the changing landscape of the digital era.

The PPPA has drawn heavy fire as one of the draconian laws which had seen several newspapers like Star and also the now defunct Watan suspended. Others including opposition PAS' Harakah and PKR's Suara Keadilan had been reprimanded.

The law was also used against Penang Chief Minister Lim Guan Eng, when he was found guilty of sedition for allegedly publishing false news.

Don: Amendment unconstitutional

International Islamic University law professor Abdul Aziz Bari, using Lim as case in point, said it was a good example of how the law in Malaysia has been framed in such a way that all those are allowed in normal common law in other countries, but not here.

"This is how the BN used their parliamentary majority to muzzle media freedom. They use it to draw up draconian laws like that," he said.

Aziz, who is also a constitutional expert, said nations like the United States are prevented from introducing such laws as its forbidden under their constitutions.

"The mistake made by our constitutional drafters is that they allowed parliament to curb the three rights namely right to freedom of expression, peaceful assembly and the right to form associations.

"In the US, these three rights are considered sacred and a part of fundamental democratic rights," said Aziz (right).

"Of course unlike the American court, ours are not independent. Just compare the ruling handed down by the High Court in the application made by P Uthayakumar on Wednesday. Legally the proposed amendment to the PPPA to include online news portals is unconstitutional but given the nature of our courts, what can we do?"

Aziz suggested that if such laws are passed, the people could resort  to court for a judicial review that the parliament had violated the constitution in introducing such legislation, but to get the judgment in their favour would certainly be an arduous task.

Pakatan backs KJ's views

PAS legal adviser Mohd Hanipa Maidin  lashed out at the proposed amendment to the PPPA, terming it ridiculous, adding that his party and Pakatan Rakyat support Umno Youth chief Khairy Jamaluddin's view on the issue.

"Khairy's view is legitimate and I think all Pakatan leaders agree with his warning to the federal government that the younger generation of Internet users will not accept such attempts to tighten controls over the Internet."

"If the government wants Malaysia to be heading towards (what had happened in) Tunisia then introduce the amendments to such laws as the Sedition Act the PPPA and the Internal Security Act.

"I would like to congratulate the government as if this is introduced, it will lead to their downfall in the next general election," he said caustically.

At present Hanipa, who is also a PAS central committee member, said the existing laws such as the Sedition Act, PPPA and ISA are already restrictive enough, and introducing or tightening such rules do not make sense.

Not always leaning towards opposition

He said the Internet is not always favourable to the opposition, and if the government thinks otherwise in wanting to introduce the amendment then they are wrong.

"PAS governments like Kelantan and Kedah had been subject to such attacks not only from the mainstream media but also Umno bloggers. To claim that the opposition may control the Internet realm is wrong," he said.

"If there are opposing views then we should debate them and not curb such views," he said.

Hanipa said if the government's action is directed at regulating news portals such as Malaysiakini, Malaysian Insider, Malaysia Today and Free Malaysia Today, then it would be wrong as such news portals carry more balanced views and not necessarily favourable to the opposition.

Introducing amendments to the PPPA, he said, would result in Malaysia becoming a laughing stock, pointing out that even Prime Minister Najib Abdul Razak and former premier Dr Mahathir Mohamad also operate blogs.

"We are living in a universal and borderless world, and introducing such laws is a mockery," he said.