New Cyberbullying Evidence Rules May Go Too Far
An anonymous reader writes "The Malaysian Government has recently passed an amendment to their Evidence Act that has been designed to hold cyber bullies accountable for their malicious tirades on blogs or Facebook Walls. Unfortunately, the amendment has been worded such that 'If your name, photograph or pseudonym appears on any publication depicting yourself as the author, you are deemed to have published the content' and 'If a posting comes from your Internet or phone account, you are deemed to be the publisher unless the contrary is proved.' What these raft of amendments have done is shifted the burden of proof to the accused. One is considered guilty until proven innocent. Even the simple act of posting an offending message on a friend's Facebook Wall could get that friend, and not the original poster, into trouble with this law. Although the amendments were initiated by good intentions, a conspiracist can see how easily this law can be misused to curb dissent in Malaysia."
"One is considered guilty until proven innocent.", Welcome to America.
Oh wait, Malaysia, my bad.
Isn't Malaysia the country where you can be arrested for insulting the king? Who cares about whether this law "goes too far"?
I still don't get why people seem to insist on different laws for "cyber" something versus "in real life" something. Bullying is bullying. Threats are threats. Adjust your existing laws accordingly, but they should cover both things the same way.
For anybody who wants a basic overview of Malay law regarding these matters, there's an issue of the Malayan Law Journal (actually an article supplement) that covers this in language easily understood by the layperson (and it's also in English, to boot). The PDF is located here: http://jeraldgomez.com/pdf/7cd40a1889d4539feffda786372ff33b.pdf and I would point you to page 3 (page 4 of the PDF).
Basically, they are based on English Common Law, and signed the UDHR, but have a history of legislation that allows detention without trial, originally designed to combat communism.
"$30 for the One True Ring. $10 each additional ring!" -- JRR "Bob" Tolkien
You should be responsible for what happens on your internet connection and online accounts...
Yes, I know it's hypocritical to type this as an anony coward. :P
relevant captcha: cunning
I'm asian and not a lawyer. However it is well known that the accuse here bear a some burden of proof. And you are not allowed to be represented by a lawyer while under investigation/interrogation. US laws do not apply here. I'm referring to general legal matters not referring specifically to the Internal Security Act which allow detention without trial.
I guess it's time for the king of Malaysia to insult Mohammed.
Combat communism is a euphemism for control the populace, nothing more.
How quaintly 1950's!
In 2012, "War on Terror" is the euphemism for controlling the populace.
I worry that they're going a little too far in trying to deal with "cyber" bullying. IMO, bullying online is mostly the same as it is in person. It doesn't always involve violence or threats of violence. It's usually just verbal harassment which is, by definition, repetitive. My main concern is that they're going to end up passing a law that treats a one-time thing, like an argument or a heat-of-the-moment insult, as the same thing as bullying.
http://youtu.be/qXbXFJxltyo
Nuff Said...
Kinda curious on how they intend to apply this "law" to somebody OUTSIDE Malaysia "cyber-bullying" someone inside Malaysia.. The denizens of /. know how well laws like this work when applied to a world-wide medium like the internet, namely THEY DON'T!! I guess the old wisdom that you have to have 75% of your brain removed, 100% of your honesty to become a politician is true..
THANK YOU, Edward Snowden!! Americans owe you a debt of gratitude (whether they know it or not..)
this whole cyber-bullying is nonsense. It needn't ever have been anything more than standard slander and libel laws which already existed.
I certainly can't say that I made it through my childhood without being bullied. But minus the actual bruises, I'd never suggest that I'd be better off without the bullies.
Quite frankly, the amount of adult insulting I've received from family, friends, and clients for having spent a real amount of money on trees is for more offensive than anything from my school days. Probably because I've long since learned to ignore other people's opinions.
Guess where I learned that lesson. Guess when.
There is no dissent in Malaysia. Everyone there tells me so.
If Slashdot were chemistry it would look like this:Cadaverine
Similar examples:
"the dissidents were silenced by good intentions"
"the libraries were destroyed by good intentions"
"the children were drowned by good intentions"
Can anyone tell me what's wrong with these sentences? ...
That's right! the correct phrase is "with good intentions".
True story, it happened in Malaysia:
A Mongolia female was blown to smithereens with C4
http://en.wikipedia.org/wiki/Murder_of_Shaariibuugiin_Altantuyaa
The Prime Minister of Malaysia, Najib Razak, is linked to the murder
That murder occurred in 2006
6 years have passed. Najib Razak is still not charged with the murder
In other words, in Malaysia, whether or not you are charged for a crime has nothing to do with whether or not you have committed that criminal act
If the authority says that you are guilty, even if you are truly innocent, you are still guilty.
That's the Malaysian way of "justice"
Just in case you wonder, in this respect, Malaysia is actually worse than China
Muchas Gracias, Señor Edward Snowden !
It will be used exclusively against people who criticize Islam.
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I have been bullied for years at work. The person who bullies me *admits* in *public* *to other people* that he engages in mental games, sets traps (no, not physical ones, and basically goes about reorganising the world around him purely his benefit alone to the detriment of others including myself. Nothing will stop this bully. Catch 22 for you: the only way for him to hang is to get a recording of what he does, which means recording all of the time. Here is the catch - workplace policy states that it is disallowed as it 'reduces trust between colleagues' and local law allows it. This is Australia.
I can't see these laws in the Malay area working at all except when they want to trounce someone.
Our local bullying laws don't work at all. The yearly corporate feedback survey they do shows 25to30% of employees think that they are being bullied. Laws don't do jack.
...when you are a politician, have the money, or are a politician with money.
Cyber or not, the solution is the same: Turn the tables. Bully back! Make the bully the victim. It works like a charm.
Just be prepared to go to any length necessary in order to match and respond in kind.
Example: The bully beats up weaker kids and steal their lunch money (classic).
Solution: Beat up the bully and steal all his money. Bigger brothers of the weak kid are the best to use here, but parents and even the odd biker will do. Just lay it on him and don't hold back. Make sure the bully knows that he asked for it and if he goes to anyone, he'll get it much worse next time.
Example: The bully uses psychological means only to intimidate the victim, and this happens at a school.
Solution: Respond in kind! My elementary school equivalent teacher actually did this and for about a week he singled out the bully and ran him hard while making sure that the pupil knew that this only happened because of what the bully had done. The result: No bullying at all for the rest of the years until we moved on to high school.
It's all about making to bully know and feel how it is to be the victim. If the bully turns out to be a sociopath unable to make the empathic connection he'll do something really stupid and then just let the police handle it. With any luck his career as a menace to society is over before it even began and he'll spend his life locked up in institutions where he belongs.
"For every complex problem, there is a solution that is simple, neat, and wrong." -- H.L. Mencken (1880-1956) --