It’s a long shot, and I can’t prove it, but one thing that is certain that although the government cannot legislate restriction of the freedom of speech through the normal process of the law, they will attempt alternatives. The one that we see right now is the government theoritically using their sub, the NSTP newspaper to sue the two most prominent online journalists. This will begin a chain of legal action in court. As is the norm in Malaysia cause even the judicial system is politically influenced, the judges, be they honest or equally pro-gov will be pressured or suggested that they give the desired outcome which is to criminalize Jeff Ooi & Ahirudin. Such is the judicial system that the decided case would be a precedent or law as far as the Common Law of Malaysia is concerned, and effectively the government has paved a step to further constrict our freedom of speech and control online information too.

Any takers?

Set aside these 2 cases, I am just suggesting that if a blogger is clearly defaming others, why can’t they be sued?

I am not leaving in the caves for 27 years (for 19yrs maybe), and I know how precious it is for internet to serve as a platform for freedom of speech… and that’s why I treasure it and hate to see bloggers creating loopholes for the government to interupt free blogging.

Rights to express feeling, ideas and thinking, 100% yes. But crossing the border to cause other damages without good proofs… no I don’t think so.

I do absolutely agree that NST is making a big slap onto their own face for suing others for defamation, as the main media should be the frontier to defend freedom of expressions… and they probably deserved to be named idiots.

Much of their blogs cover commentary and criticism of government actions and policies. Unless you have been living in a cave somewhere for the last 27 years, you would realise there is plenty of areas for legitimate criticism of government policies.
Nobody’s calling for absolute freedom of speech – it doesn’t exist anywhere. But Blogosphere is one of very few avenues in Malaysia where you can criticise the ruling party and government behemoth.
I may not agree with what the bloggers write, but I support their right to say it without being subject to intimidation.

NST is a newspaper. It exists to publish news and opinions. I can’t trace any history of any major newspaper around the world suing anybody for defamation. There’s a simple reason for it – IT IS NEVER in a newspaper’s long term interest to attempt to legally restrict freedom of expression.

Sure , NST has a legal right to sue them , that doesn’t change the fact that its an idiotic action.

I am just saying in general that if a blogger is indeed defaming others, why shouldn’t he or she be sued? I am just rather irritated by some bloggers feeling that they are invicible just because they are bloggers… that kind of mentality make no difference to the arrogant government that we criticized.

husz… if someone sue me for this post, I will just take that with a laugh becoz there are nothing defamation from my post. Defamation is not just about saying bad things, it’s about saying degrading stuffs that’s not true.

No I don’t think it’s subjective.

I can say that Badawi is doing a bad job governing Malaysia, and I can say it a million times and he can do nothing about it… that’s freedom of speech, the freedom of expressing ourselves. And I can show some simple proofs that the people are not happy about toll rise and petrol price etc… it’s degrading but it’s fact.

But IF I say Badawi is corrupted… I will have to watch my words and provide good proof or at least questionable doubts. These are stuffs that can lead to defamation. It might be true, but we need to prove it… and until then, that’s a possible defamation.

IF, a big IF I say Badawi’s mother is a XXXXX, yes he can sue me without a question… unless I can prove it, which I don’t.

Michael… thank you, good to know that someone is agreeing with me.

KJ… as replied, I won’t jump into conclusions, I am not actually sure what NST is sueing for; and frankly I never read both their blogs too much.

I just wonder something behind this “sue”; you can refer to MerdekaReview or reason NSTP sue them

Nothwithstanding that the enforcement of law may be manipulated to come out with the wrong result, that is another matter.

In any case, defamation law in its true form is sufficiently sophisticated, with proper defenses. If what the bloggers wrote is true, is is not defamatory.

You are one of those person who believes freedom of free speech needs limits. Can I ask exactly who does the limiting? Perhaps you would change your mind if you were sued for this very post. Perhaps somebody took offense at your writings and wants justice. Its easy enough to offend somebody. So where does it stop? Maybe, you’ll sue me for this comment.

Oh yea, you’ll most probably argue that nothing in this post is defamatory. Well, how about the truth then, isn’t that pretty defamatory? If you agree that its subjective, then the winner will always be the person with the best lawyer.

btw, I may sound a little bit emotional, but I dont have anything against you.