ROCKY & JEFF OOI CAMPAIGN

This page is hosted by this blogger, in honour of free speech and solidarity among bloggers and was launched on 20 January 2007. 

From Rocky Bru: Rocky vs NST + 4 others

Duta Courts Complex, 28 May 2007: The lawyers and I wanted to have both the striking out and the injunction to be heard before the Judge. The plaintiffs, however, insisted this morning that the striking out be heard before the Registrar. Reason? They wanted to reserve their right of appeal to the Judge, if it became necessary.
Malik Imtiaz, my lead counsel, indicated to the NSTP lawyers that if this is the case, the hearing of the injunction application before the Judge in June would have to be deferred pending the disposal of the striking out application, which is now fixed for clarification and/or decision in early August.
Parties have taken directions to put in written submissions. Meanwhile, we will write to the judge to request that the hearing of the injunction application be deferred pending disposal of the striking out application. We will write to the judge and ask for deferment of the 28 June. Early August will be next date.

Consolidation. Notwithstanding the above, 19 June 2007 remains the next big date for Jeff Ooi and I. On that day, our lawyers will argue on our behalf the merits of merging our two cases. Jeff, the Screenshots blogger, is facing a defamation suit by NSTP and 3 Others.

Jeff vs NST: As recorded by Rocky in his blog:

Walk With Us. All-Blogs vice president Jeff Ooi goes back to court to face NSTP & 3 others tomorrow morning. Please don’t go to Denmark House because the Screenshots blogger will appear at the Courts Complex in Jalan Duta. Time: 9 am.

Jeff is being sued for defamation by the New Straits Times Press, its editorial adviser Kalimullah Hassan, group editor-in-chief Hishamuddin Aun and former NST group editor (now a PR consultant) Brenden Pereira. He was served his papers in January, about the same time the NST & 3 others + Syed Faisal Albar, the company’s chief executive officer, served me mine through Shearn Delamore.

Tomorrow, Jeff’s lawyers will apply to withdraw his application to strike out the plaintiffs’ suit. As in my April 2 case against NST & 4 others, this move is deemed necessary because the NSTP & 3 Others have amended their original claims.
See you at Duta. Walk with Jeff!

 

No cost.

 

In my April 2 case, the Court allowed my application to strike out the suit against me by NSTP & 4 others with no order as to costs in view of the substantial amendments made by the plaintiffs to their suit (which was done after I had filed the striking out application). The plaintiffs had asked that costs be paid by me forthwith, which my counsel objected to. After hearing arguments for about an hour, the court agreed with my counsel and allowed me to withdraw the application with no order as to costs. It was my position as informed to the court that day that the plaintiffs should instead be paying me the costs as I had to file the striking out application before they sought their amendments. However, on advice by my counsel to conduct the litigation fairly, I did not proceed to seek costs and asked that no order be made in this respect.

On that day, I also reserved my right to seek further and better (FNB) particulars with regard to the amended suit or to strike it out.

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At last the NATIONAL ALLIANCE of BLOGGERS - April 5, 2007

Thanks to JeffOoi for documenting this inportant event:

NAB: An avalanche of good press & unified tone

Internet Speed. It took no more than 24 hours after the Shaziman faux pas for the world to react.

RSF_BlogReg_20070406.jpg
SOURCE: Reporters Without Borders, April 6, 2007Again, it was at Internet speed, within 36 hours of earth time, that the world reacted to the formation of Malaysia’s National Alliance of Bloggers (NAB):

Thursday, April 5, 2007, 9.00pm onwards…
- mStar: Penulis blog tubuh ‘pakatan nasional’
- Malaysiakini: Bloggers unite in face of hostility
- Malaysiakini.tv: National blogger alliance takes shape
- Malaysiakini: Blogger bersatu hadapi ’serangan’
- Malaysiakini: 维护发言权鼓吹部落格风气, 全国部落格联盟昨正式成立

Friday, April 6, 2007:
- The Star: Bloggers form grouping
- AgendaDaily: Bloggers kini sudah ada ‘payung’ sendiri
- IHT, Paris: Malaysian political bloggers form alliance to counter criticism from government
- Al-Jazeera, Doha: Malaysians form ‘band of bloggers’

Saturday, April 7, 2007:
- MSNBC, USA: Malaysian political bloggers form alliance
- The Age, Australia: Malaysian Bloggers Form Alliance
- San Francisco Chronicle, California: Malaysian Bloggers Form Alliance
- Houston Chronicle, Texas: Malaysian Bloggers Form Alliance
- San Luis Obispo Tribune, California: Malaysian bloggers form alliance
- Press of Atlantic City, New Jersey: Malaysian bloggers form alliance
- Wyoming News, Wyoming: Malaysian bloggers form alliance
- Sydney Morning Herald, Australia: Malaysian Bloggers Form Alliance
- MLive.com, Michigan: Malaysian Bloggers Form Alliance
- FOX News, USA: Malaysian Bloggers Form Alliance
- Newsday, New York: Malaysian Bloggers Form Alliance
- Forbes: New York: Malaysian Bloggers Form Alliance
- Washington Post, DC: Malaysian Bloggers Form Alliance
- BusinessWeek: Malaysian Bloggers Form Alliance
- Seattle Post Intelligence, Washington: Malaysian Bloggers Form Alliance
- Lompoc Record, California: Malaysian Bloggers Form Alliance
- Chippewa Herald, Wisconsin: Malaysian Bloggers Form Alliance
- Bismark Tribune, North Dakota: Malaysian Bloggers Form Alliance
- KSTP.com, Minnesota: Malaysian Bloggers Form Alliance
- Brisbane Times, Australia: Malaysian Bloggers Form Alliance
- Central Florida News, Florida: Malaysian Bloggers Form Alliance
- Centre Daily Times, Pennsylvania: Malaysian Bloggers Form Alliance
- WKRN, Tennessee: Malaysian Bloggers Form Alliance
- amNewYork, New York: Malaysian Bloggers Form Alliance
- Sacramento Bee, California: Malaysian Bloggers Form Alliance
- phillyBurbs.com. Pennsylvania: Malaysian Bloggers Form Alliance
- WRAL, North Carolina: Malaysian Bloggers Form Alliance
- Asia Pacific Media Network: M’sian bloggers form alliance to counter govt criticism
- PhysOrg.com, Virginia: Malaysian Bloggers Form Alliance
- News & Observer, North Carolina: Malaysian bloggers form alliance
- Macon Telegraph, Georgia: Malaysian bloggers form alliance
- Columbus Ledger-Enquirer, Georgia: Malaysian bloggers form alliance
- Wilmington Morning Star, North Carolina: Malaysian bloggers form alliance
- Denver Post, Colorado: Malaysian bloggers form alliance
- KTAR.com. Arizona: Malaysian bloggers form alliance
- Town Hall, DC: Malaysian bloggers form alliance
- Worcester Telegram, Massachusetts: Malaysian bloggers form alliance
- Lakeland Ledger, Florida: Malaysian bloggers form alliance
- MWC News, Canada: Malaysians form ‘band of bloggers’

Thanks En-Lai for your last dispatch for Associated Press that takes us places.

June x 2 has started a conversation to define and refine NAB’s role. Drop her a message

While I Was Away…Court case

Jeff Ooi says in his blog:

I was in South Korea when the proceeding of the defamation suit filed by The NSTP and Others against me was up for hearing in chambers on March 6.

My barrister Haris Ibrahim, and solicitor Balan Nair of Messrs Thomas Philip, represented me in my absence.

I was informed that both parties — my lawyers and the plaintiffs’ — have mutually agreed to take another date pending the perusal of the amended Statement of Claims and the counsel’s decision on the position of our application to strike out of the suit, and to set aside the ex-parte injunction against me.

March 4, I announced in this blog that my lawyers have since been served an amended Statement of Claims from the plaintiffs’ lawyers shortly before the Lunar New Year.

The next date for my case will be April 24, twenty-two days after Rocky’s round scheduled for April 2.

As such, the date of next hearing on April 23 as reported in Sin Chew Daily of March 7 is incorrect.

I would like to extend my heartfelt gratitude to all those who have been so kind to have sent me SMS, emails and left messages in my blog during my absence. I was in Seoul on assignment, and the schedule was so packed that I didn’t have time to respond to each and everyone of them, and to update the blog.

Thank you, once again, for being concerned with my wellbeing. I am confident I shall prevail and blog on as per normal.

Kam sa ham ni da.
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Court cases unite M’sian bloggers
By Lee Min Keong, ZDNet Asia
Tuesday , March 06 2007 01:18 PM

MALAYSIA–Defamation suits slapped on two popular Malaysian bloggers by the government-linked New Straits Times Press (NSTP) have galvanized the country’s bloggers into action. But, a legal expert warns that bloggers are just as accountable as print journalists for defamatory remarks.

Local bloggers in January initiated an online campaign, dubbed Bloggers United, to show their support for the two Malaysian bloggers. They are also calling for a boycott of the New Straits Times newspaper, where a number of disgruntled Netizens said they have canceled their subscriptions to the country’s second largest English daily.

The NSTP and several senior executives filed defamation suits in January against bloggers Jeff Ooi and Ahirudin Attan, or more popularly known as Rocky, over various postings on their high profile blogs. Their comments have attracted a following among Malaysians disillusioned with the country’s mainstream newspapers, which they perceive to be pro-government. Malaysia is estimated to have about 10 million Internet users.

Some local bloggers have reportedly set up a fund to assist Ooi and Rocky, a former editor with the NSTP, with their legal fees. Speaking recently at a press conference held by Malaysia’s Center of Independent Journalism (CIJ), Ooi said: “Proceeds [from the fund] will not only be used to protect bloggers against [law] suits, but also to provide training workshops in the field of investigative journalism for bloggers.”

Fast facts on blogger suits
The NSTP’s deputy chairperson Kalimullah Hassan, CEO Syed Faisal Albar, group editor-in-chief Hishamudin Aun and former group editor Brendan Pereira, applied for a court order to have 48 posts, which they deemed defamatory, removed from Rocky’s blog. The blogger has in turn filed an application to dismiss the lawsuit. Malaysia’s Kuala Lumpur High Court will hear Rocky’s filing on Apr. 2.
Ooi also faces an injunction to have 15 blog postings removed, and has filed an application to dismiss the suit. The court is scheduled to hear his filing this week.
Last month, both bloggers reached an agreement with the NSTP to refrain from publishing articles or posting comments related to the lawsuit.

In his blog, Rocky also wrote that “quite a few lawyers” have contacted him with offers “to defend me, pro bono”.

While the suits have spurred a lively debate about the freedom to blog, they also serve as a reminder to Malaysian bloggers that they are as exposed–as print journalists–to legal and law enforcement action, if they pass comments that can be deemed defamatory.

In an interview with ZDNet Asia, Associate Professor Abu Bakar Munir, a law lecturer with the University of Malaya, said it was a fallacy for bloggers to assume they are somehow more protected from such action.

“There are no special safeguards for bloggers. The law doesn’t differentiate between the online and offline world,” Abu Bakar said. Local bloggers may potentially face the prospect of being saddled with multi-million ringgit damages if they lose their defamation cases, he said.

“It also doesn’t matter if your blog is hosted on a server outside of Malaysia. As long as bloggers can be identified, they can be hauled up,” he warned. Abu Bakar, who specializes in ICT law, said action could be taken against bloggers through a raft of defamation, sedition, criminal and internal security laws.

The lawsuits have also placed intense scrutiny on the Malaysian government’s commitment not to censor the Internet, a pledge that was given 10 years ago when the Multimedia Super Corridor (MSC) was unveiled.

A non-profit organization and a local media watchdog, the CIJ said the defamation suits brought against the bloggers curtail freedom of expression and information. The landmark case, often described as “David versus Goliath” or “Old Media versus New Media”, is believed to be the first time legal action has been taken against bloggers in Malaysia. The New Straits Times is part of Media Prima, Malaysia’s most influential press group which was once owned by the United Malays National Organization (UMNO), the largest political party in the country.

Asked about the court case, Malaysian Prime Minister Abdullah Ahmad Badawi was reported to say: “Bloggers must be responsible for what they write on the Internet as there are laws on defamation and sedition.”

Just weeks before the NSTP lawsuits, a junior minister called for the passing of tougher cyber laws to control those who misuse the Internet. Last December, Deputy Science, Technology and Innovation Minister Kong Cho Ha, said: “We need to have stricter cyber laws to prevent these bloggers from disseminating disharmony, chaos, seditious material and lies.” Cho also advocated a move to register bloggers.

However, Abu Bakar said such a move could be construed as “indirect censorship of the Internet” by the government. “Existing laws are more than sufficient to deal with errant bloggers. There’s no necessity to enact ‘tough cyberlaws’ as this will negatively impact Malaysia’s goal to be an international ICT hub,” he said.

International press freedom organization Reporters Without Borders has expressed concern over any plans by the Malaysian government to control the electronic media. “Malaysian bloggers currently enjoy an outspokenness denied to journalists in the traditional media,” said the France-based body, adding that online users should not be pushed into self-censorship. It also urged the NSTP to drop the lawsuits.

Lee Min Keong is a freelance IT writer based in Malaysia.

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3 March 2007

Reading materials for Bloggers:

Jeff Ooi: Bloggers Immunity

Rocky Bru: Third Bloggers to be Sued in Malaysia

Marina Mahathir: Blogging is just writing

Walk with Us: Jeff’s case: a case of copy and paste


23 February 2007:

Statement of claims against Rocky:

(CLICK HERE to download the amended Statement of Claims against Rocky; and CLICK HERE to compare with the original claims.)
For the record, Rocky applied on January 25 to have the defamation suit struck out on the basis that the claims by the plaintiffs were ‘fatally deficient‘.

This was reiterated on February 22 by Edmund Bon, Rocky’s lawyer, who said: “We had applied to have the suit struck out on the ground that the plaintiffs had not pleaded their defamation suit as clearly as they ought to under the law.”

Go to YouTube to hear Bon’s statement for yourself.

22 February 2007:

Pix Courtesy of Mulah, the birthday cake for Bloggers United (Nuraina A Samad), cut and eaten on Feb 22. For more pixs on the event, see here. Fat Bidin Media has also got a video on it here.

Meanwhile…

Mark Your Calendars: Rocky’s suit adjourned to April 2.

Malaysiakini.com

Blogger Ahirudin Attan’s application to strike out a defamation suit by the New Straits Times Press (NSTP) and four others was adjourned today to April 2.

Kuala Lumpur High Court judge Hishamuddin Yunus made the decision in chambers today after hearing the request for adjournment from Ahirudin’s lawyers Edmund Bon and Malik Imtiaz Sarwar.

Ahirudin is being sued by NSTP, its deputy chairperson Kalimullah Hassan, chief executive officer Syed Faisal Albar, group editor-in-chief Hishamudin Aun and former group editor Brendan Pereira.

They had originally applied for the court to order Ahirudin to remove 48 posts on his blog ‘Rocky’s Bru’ that were deemed defamatory and to stop him from further defaming them.

Ammendments made

Following Ahirudin’s application to strike out the suit on the basis that the grounds furnished by the plaintiffs were vague and undefined, amendments to the claims were made.

Bon said the amendments have to be looked at closely before a decision on the next course of action can be made.

He was referring to whether Ahirudin would resume with the application to strike out the suit or proceed to challenge the inter-parte injunction.

“We would have to look and see if it is satisfactory to our purposes and proceed with one or the other option,” he said when contacted.

If the application is withdrawn, the next step would be to hear the NSTP’s application for an interim injunction essentially aimed at stopping Ahirudin and removing the postings deemed defamatory from his website, Bon told AFP.

Meanwhile, Ahirudin denied that his articles in the ‘Rocky Bru’ blog were anti-government.

“I don’t write anti-government articles. (Articles) critical of the government, yes,” Ahirudin told AFP.

Ooi’s strike-out application

Another blogger, Jeff Ooi of Screenshots fame, is similarly being sued by NSTP, Kalimullah, Hishamuddin and Pereira.

His strike-out application will be heard on March 6.

Last month, the newspaper operated by NSTP reached an agreement with both bloggers to refrain from publishing articles or posting comments related to the unprecedented lawsuit.

Malaysian bloggers and media watchdogs have criticised the defamation lawsuit against the duo.

They say the legal action will stifle free expression in Malaysia where the media is already tightly controlled.

Prime Minister Abdullah Ahmad Badawi has defended the suit saying the Internet was not exempt from defamation laws.

See also stories by Rocky himself, and Jeff Ooi. Also read Politikus, for the lighter side of things today.

22 February 2007:

On Thursday the 22nd of February, at Wisma Denmark at 2.30pm, Rocky goes back to court to face NSTP and 4 Others. However, he says he doesn’t feel alone anymore. “I’ve got Bloggers United behind me”.

“Bloggers United. I confess. When NSTP and the 4 others filed the defamation suit against me last month [here], I felt alone. When I was editor at the Mail and the Business Times, we got sued by corporations and individuals all the time but I was never worried. After all, I had the mighty NSTP behind me. But now the NSTP was suing me and I had no one behind me.
Nuraina A. Samad was there when they served me the papers. She had witnessed them take away her dad [and kept him in jail for over 5 years without trial, here], so some defamation suit, unprecedented or otherwise, wasn’t about to impress her. That gave me strength.

A little later, A. Kadir Jasin called up. He heard that Jeff Ooi was being sued by the NSTP and thought I should get fellow bloggers to support the Screenshots blogger. I told him that Jeff was not alone.

The suit brought Jeff and I closer. And to think that we used to cross swords before: The Blogger vs The Editor. Together we sought advice from various parties, including Karpal Singh. Quite a few lawyers called up and dropped mails to offer to defend me, pro bono, and that I found heartening. Sonia from the CIJ called a press conference to denounce the legal action. The path led me to Malik Imtiaz Sarwar, Haris Ibrahim and Edmund Bon. Elizabeth Wong had a hand in this.

There were over a thousand mails, text messages, calls and comments on the blog giving me support.

And then Sheih of Kickdefella, whom I met not too long ago under strange circumstances through Firewall, unilaterally created the Bloggers United: No Fear logo. Susan Loone started an Official Page for Bloggers United and someone else initiated Walk With Us.

When Bon and I walked up to court that morning on Jan 25, the bloggers were there. Ron was there. So were Pahit Manis, Zorro, Sang Kelembai, Kuda Ranggi, A Voice, Politikus. The KMU boys turned up, the Gen-M was there with banners, and bloggers from all over started to link up.

Marina Mahathir came into the picture and there were talks about setting up a legal fund to help Jeff and I. One day she mailed me from Sri Lanka and wanted to know why I had not put up the Bloggers’ United logo. I got someone to help me tinker with the template and displayed the logo on my blog that very day. Last week, Malaysia Today did the same.

It’s been only a month but we have come a long way. Hundreds of blogs are Bloggers United logo carriers. Thousands will do the same. In Mr Smith’s words, a time will come when bloggers will move mountains. I believe that.

On Thursday the 22nd of February, at Wisma Denmark at 2.30pm, I go back to court to face NSTP and 4 Others. I don’t feel alone anymore. I’ve got Bloggers United behind me.

20 February 2007:

Read also our birthday stories on kickdefella; sloone; zorro; blackinkorea; linkenlim; dansemacabre;

13 February 2007:

R.I.P Journalism? Not so fast…

by Steven Gan, Malaysiakini.com

Journalism is dead. Long live the journalist! Contradictory, isn’t it? Hardly.

Journalism, as we’ve known it for over a century, is long gone. But the role of journalist - in recording events, in building opinions, in presenting facts - is here to stay.

There is no other profession today which is facing so much change as journalism. Really, this seismic shift is akin to an engineer waking up one fine morning to discover that Newton’s Law of Gravity no longer applies.

In times of great change, there’s bound to be some confusion. So it’s not surprising that journalists are still trying to make sense of the Internet revolution which threatens to smother us.

Which brings us to the perception that journalism is under siege. But in reality, it’s media companies which are under threat, not so much journalism. True, the fate of the two are intertwined. After all, most journalists work for media organisations.

However, most media companies exist to make a profit and increasingly, their profit margins are being squeezed. Advertisers are migrating online. Worse still, new media upstarts include those which are not just strictly content providers - Google, YouTube, MySpace and Flickr to name a few.

Clearly, the media landscape is being irreversibly altered. There is growing fragmentation of information. Old media no longer has a complete monopoly on the truth. To top this, those who were once spectators have now invaded the pitch and are demanding to join in the game too - giving rise to the new phenomenon of ‘citizen journalism’.

To survive, some old media will have to merge. That process has already begun in Malaysia. Some others will have to bite the dust. But newspapers, in one form or another, will remain just like their old media cousins - television and radio.

Citizen journalists

More troubling, however, is the idea that everyone can be a journalist.

Take Malaysiakini. For all intents and purposes, we’re not journalists. That’s if you ask the government. We need the ‘official’ press cards from the Information Ministry, and our application was rejected many years ago.

Nevertheless, we earn our journalist stripes by respecting the rules and principles of the game. Malaysiakini prides itself as a new media fueled by a healthy dollop of good old journalism.

Politicians are fond to dismiss journalists as self-appointed critics. But unlike politicians who have to face their voters only every four or five years, journalists are judged everyday.

More recently, we were joined by the new kids on the cyberblock - bloggers. Like us, they too will have to build their credibility.

There’s no doubt that bloggers have played a very important role in improving journalism. They help check bad journalism. They pinpoint mistakes and inaccuracies. They provide alternative viewpoints.

But bloggers will have to live up to the very standards they demand from journalists - in getting the facts right, in exercising similar discipline in the verification process, in not peddling hearsay as news.

Dan Gillmor, the author of ‘We, the Media’ and widely considered the father of citizen journalism, is well aware of this. In a debate I had with him at a media event last year, he conceded that there is just as much irresponsible blogging as there is bad journalism. Correction. Perhaps more.

Gillmor is today dedicating much of his effort to help improve the standards in blogosphere.

Bad blood

Yes, there has been a lot of bad blood between bloggers and journalists. It’s time to put an end this war.

Would we want to live in a world where there are only bloggers and no journalists? Surely not.

After all, everyone has an opinion and many do-it-yourself journalists can really do it much better than the so-called lords of the profession. Yet most independent accounts of local and global events have come from professional journalists. It is imperative that these continue to come from them.

On the other hand, would we want to live in a world populated by only journalists and no bloggers? Again, no.

In the few cases where bloggers have helped break news, it was then often left to journalists to follow up. It is this kind of partnership which can push an opaque government to come into the clear.

Consider the case of Prime Minister Abdullah Ahmad Badawi’s ‘private’ jet. Bloggers were the first to raise the issue. But it was journalists who took it to the next level by pressing Abdullah on the matter.

It is this sort of synergistic partnership that will invariably shape our new media world.

All said, so long as journalists and bloggers stay true to their craft - and hold dear to the principles demanded by the profession - we should be okay. So you can say it again: Long live the journalist!

13 February 2007:

Bloggers - M’sia’s new reformists?

by Imran Imtiaz Shah Yakob (broadcast journalist, lawyer by training)

The defamation suits filed against award winning blogger Jeff Ooi and veteran journalist Ahirudin Attan have forced Malaysians to think about where they are going. With grand celebrations in the pipelines for their 50th anniversary of independence from British colonial rule, they may in fact have very little cause to celebrate.Once one of the ‘Asian Tigers’, Malaysia is showing signs of sluggishness and stress. Voices of discontent which have not found a place in the conventional media have emerged with ferocity on the world wide web. The new media and its advocates find themselves in unchartered waters.

Bloggers United, a close-knit network of bloggers in the Malaysian blogsphere, seem to be taking on entrenched institutions and political machinery. Susan Loone headlines her blog with: ‘may the truth save us all … 50 years of nation building or nation breaking?’.

With elections predicted next year, Malaysian bloggers are indeed being taken seriously.

Prime Minister Abdullah Ahmad Badawi in his reaction to bloggers, said: “The law is the law. They cannot hide and hope to be protected under some kind of a cover or whatever they think that they have. And if you want freedom, what is freedom without responsibility? I don’t agree with freedom without responsibility. Freedom without responsibility is anarchy. Actually, it is being irresponsible.”

However the conundrum over free speech and responsibility is being examined in a much larger context by the rakyat. The defamation suits against Ooi and Ahirudin may have become the catalyst for transformation of not just blogging, but perhaps the political landscape as well.

Abdullah himself may have unleashed a force with his liberal style of governance. In a recent interview with the New Sunday Times, he voiced displeasure with critics whom he accused of unfairly smearing him: “I know there are people who are trying their best to ridicule me. They make a mountain out of a molehill. They just want to rubbish me.”

While he did not single out anyone, he said bloggers and others were using websites “to create stories”, and that this evidently a manifestation that online freedom is being manipulated.

The effect of these statements have had the opposite effect on bloggers. This virtual group is driven by solidarity and a sense of the oneness of purpose to change Malaysia.

The evolution is glaring, from the inception of the blog aggregator dubbed Project Petaling Street in 2003 to Bloggers United, representing a seasoned and responsive opposition voice.

Loone, who carries the Bloggers United Official Page (Regular Updates) in her blog, said the prime minister’s comments were meant for bloggers in general.

Her take on his comments provides insight into the depth of camaraderie among bloggers: “In the interview:
1. He implies we have ‘ridiculed’ him; ‘rubbished’ him; and tried to ‘distract’ him from doing his work.
2. He said bloggers and other people were using web sites “to create stories” that underscore how online freedom has been manipulated;
3. He called bloggers liars, and said we were spreading lies - “lies after lies are being told”.
4. He said we posted comments ‘anonymously’ (Am I a liar?).”

Differences bridged

The question is, will this new voice be able to influence the way decisions are made and implemented in such a complex country as Malaysia? Can it change entrenched race-based policies that lie at the heart of the undercurrent of discontent?

The storm thus far suggests that bloggers, who come from a broad cross-section of society, can indeed bridge their differences in terms of race, religion and socio-economic background on issues of national importance. For the moment at least, one unified voice of discontent is evident.

Blogs such as Ooi’s Screenshots, Rocky’s Bru and Aisehman can be seen as championing the causes of the silent majority. These hard-hitting posts on politics and anything newsworthy seem to reverberate with the public. No wonder there are always enough supporters to alert the bloggers to notable events.

The mainstream media is taking the cue from bloggers. Controversies over the alleged purchase of the Cobra Sultan yacht at an estimated cost of US$8 million by Abdullah (which he has denied) and purchase of an executive jet have gained some sympathy with the public.

Bloggers have also been alert in reproducing articles of interest published abroad. An interesting instance is the Michael Blackman article published by The Age of Australia, entitled, ‘While Malaysia fiddles, its opportunities are running dry’.

It made a point about wastage in Malaysia and garnered so much support among readers in Malaysia that a cabinet minister had to respond to the allegations.

Another personality who is sending considerable ripples through the corridors of power is Sheih the ‘Poster Boy’. His artistic lampooning of the prime minister and son-in-law Khairy Jamaluddin (photo) in spoofs of Hollywood movie posters is really pushing the envelope. At one point, Sheih was suspected of being under immense pressure to cease his ‘below-the-belt’ attacks on the Abdullah and Khairy, after he posted an apology to both.

Sheih’s posters are a novel approach in getting the point across and are becoming increasingly popular with the masses. In an act of defiance, he has stated, “Today I am declaring Cyber War on NSTP. Today I am engaging guerilla warfare on NSTP and their entire (body of) sympathiser(s).”

High stakes

So the stakes are high, not just for the two bloggers being sued but for all Malaysians. With less than seven months to independence day, Malaysians will find themselves in soul-searching mode, hoping to find some semblance of nationhood.

The coming days will see ever more intense blogging that seeks to find common ground on issues which divide the races and levels of society. Perhaps, some bloggers may be discouraged by the defamation suits, but it is conceivable that many others will take their place and enter the fray.

Marina Mahathir puts it succinctly in a topic entitled ‘The Burden of Responsibility’ in her blog, Rantings: “I think about so many stories these days which have originated on blogs which were then followed up by the mainstream papers, and I am curious about something. With their much larger resources, could it be possible that the mainstream papers would NOT have heard of the same thing?

“So if they did hear, then why not publish it? It’s news that is important for society to hear so they have a responsibility to publish it,don’t they? What does it mean when newspapers choose not to publish something? Does it or doesn’t it serve society well?”

The blog has become something personal to people in that anyone can create one to express themselves freely.

To stop blogging now would be something unnatural and unacceptable for empowered citizens of Malaysia.


11 February 2007:Kala Blogger Menggelitik Pak Lah
(Majalah Tempo 5-11 Feb, 2007)

Di Malaysia muncul aliansi para blogger yang memperolok dan mengecam Abdullah Badawi. Namun, Badawi tetap berlalu.Kliklah blog Blackinkorea.blogspot.com. Sebuah poster nyinyir berjudul Sleepers tertanggal 15 Januari 2007 akan segera menohok. Menampilkan empat wajah Abdullah Badawi tengah terkantuk-kantuk, memperlihatkan perdana menteri itu “ngorok” di pertemuan kabinet, pertemuan dengan partainya, saat konferensi internasional, dan pertemuan penting lainnya.Pada bagian atas poster itu tertera ucapan Dr Martin Luther King Jr, I have a dream. Sedangkan di bawahnya ucapan Abdullah Badawi, I have thousand dreams. Selanjutnya ada celetukan kalimat: Badawi, seorang perdana menteri yang meninggalkan negerinya ketika negara terkena bencana.Blog yang dibuat seorang laki-laki dengan nama samaran Black, 26 tahun, yang tinggal di Gwangju, Korea Selatan, ini adalah bagian dari “tren” di negeri tetangga itu: maraknya berbagai blog yang mengobok-obok Badawi.Tengok blog lain, rockybru.blogspot.com. Pembuatnya seseorang bernama Ahirudin bin Attan. Dalam blognya itu, ia menulis: The PM’s RM30 Million Yacht. Ia menyindir pembelian kapal pesiar mewah oleh Badawi. Kapal sepanjang 44 meter dan diperkirakan bernilai US$ 8 juta itu terbuat dari bahan-bahan yang diimpor dari Afrika Selatan, dengan kapasitas untuk 14 orang.Posting-nya itu mengundang 84 komentar yang rata-rata bernada sinis. “Masya Allah…apa dah jadi dengan orang ni. Betul-betul ‘power gone to the head’. Bersultan di mata beraja di hati,” begitu komentar Idris Said, seorang blogger Malaysia.Blogger yang sama juga menuliskan persoalan pembelian pesawat jet Q319. Tulisan yang dikirim pada 26 Januari 2007 ini berjudul Malaysia Orders Luxury Jet for PM? Selanjutnya tertera kalimat sinis, pemesanan kapal pesiar mewah belum juga tuntas, sekarang ada lagi sebuah pesawat mewah yang diperkirakan seharga $ 50 juta. Sebuah komentar merespons tulisan ini, dikirim oleh BigGuyDotCom: “Terima kasih, ini (maksudnya Badawi) seperti Nero menyanyi ketika Roma habis terbakar. Sedih.”Seorang blogger paling berpengaruh di Malaysia, Ooi Chuan Aun–lebih terkenal sebagai Jeff Ooi–sejak 2 Januari 2003 telah meluncurkan blognya yang lebih serius dan kritis. Ia menuliskan berbagai isu politik Malaysia. Ia menampilkan banyak data. Terkadang ia mengambil tulisan dari media massa setempat, lalu membubuhkan komentarnya. Badawi terutama menjadi bulan-bulanannya.Pada 11 Januari 2007 ia mengirim artikel berjudul Red alert, floods (17 deaths) and currying favour for “A meal fit for princess” at Nasi Kandar Perth. Artikel itu menyoroti ironi: ketika banjir yang menewaskan 17 orang menimpa Johor, Badawi malah pergi ke Victoria Park, meresmikan restoran Puteri Nasi Kandar. Sebuah usaha bisnis adik Badawi, Ibrahim, yang bekerja sama dengan seorang pengusaha Lejadi Group, Lim Ewe Jin.Jeff termasuk blogger yang paling rajin mengamati berita Badawi. Dari berbagai kasus tuduhan nepotisme, korupsi, ekonomi, hingga tindakan politik dalam dan luar negeri Badawi dipantaunya. Ia memiliki pemahaman yang baik tentang politik pluralisme di Malaysia, sama bagusnya dengan pemahamannya dalam puisi dan musik. Alhasil, blognya makinberwarna.Persoalan muncul ketika surat kabar propemerintah New Straits Times (NST) menggugat Jeff Ooi dan Ahirudin Attan. Tulisan dua blogger ini sering mengkritik pemberitaan NST yang propemerintah. Gugatan ke pengadilan pun diajukan NST pada 11 Januari 2007, dengan tuntutan mereka harus mengeluarkan lebih dari 10 posting di blognya.Tulisan Jeff yang mengundang marah staf redaksi NST, misalnya, Will NST out-perform Star? Jeff menuliskan perbandingan antara NST dan The Star. Ia menyajikan angka-angka pendapatan, besarnya sirkulasi dan iklan kedua media ini. Hasilnya, The Star mengungguli NST. Bahkan iklan NST disebut menurun hingga 6,5 persen. Jeff memberikan saran kepada para penanam saham agar tidak membeli saham NST namun membeli saham The Star.Minggu, 28 Januari, New Straits Times mempublikasikan wawancara dengan Abdullah Badawi. Badawi menuduh para blogger menyebarkan fitnah keji. “Kebohongan demi kebohongan diceritakan. Bagi mereka, segala sesuatu tidak benar dan segala sesuatu tidak baik,” kata Badawi.Badawi mengatakan, blog bukanlah sesuatu yang tak bisa lepas dari hukum. Penulis blog seharusnya memiliki tanggung jawab terhadap apa yang ditulisnya. Ia tak bisa membiarkan dirinya diganggu terus-menerus sehingga membuatnya tak bisa bekerja.
Toh, berita yang dianggap fitnah di Internet itu tak terdengar riaknya. Biasanya berita miring tentang Badawi cepat tersebar, tapi tak lekas terdengar–termasuk di lingkungan kantor perdana menteri (JPM). “Berita itu sama sekali tidak terdengar di antara kami-kami. Biasanya, kalau ada gosip begitu, para pegawai akan ngerumpiin,” kata Puan Zaitun, 49 tahun, seorang pegawai di JPM, kepada Tempo di Putrajaya.Para ahli hukum di Malaysia pun mulai berkomentar. Presiden Persatuan Peguam Syarie Malaysia, Zainul Rijal Abu Bakar, berpendapat para blogger yang tak bertanggung jawab bisa saja dikenai gugatan. Kebebasan berpendapat bukan sesuatu yang mutlak. “Jika kebebasan bersuara menafikan hak orang lain, itu tidak betul. Dalam Islam, memfitnah lebih berat daripada membunuh,” katanya.Jeff kini melakukan kampanye perlawanan lewat dunia maya. Ia membidani lahirnya aliansi para blogger dengan simbol Blogger United. Simbol ini kerap dicantumkan di halaman para blogger Malaysia. Bergambarkan sebuah tangan hendak memencet tuts keyboard. Tuts itu sendiri bertuliskan Bloggers United dan No Fear. Sementara di bagian atasnya terpampang gambar bendera Malaysia.Para blogger pun mencari dukungan dari ahli hukum melalui sloone.wordpress.com dalam artikel Bloggers to sue PM Abdullah, NST. Mereka meminta dukungan para pengacara di dalam maupun luar negeri. Mereka mempertanyakan bisakah blogger di Malaysia mengambil tindakan class action melawan Badawi maupun NST. Blog ini juga menuliskan apakah ada pengacara di luar sana yang bisa mewakili mereka. “Saya tak akan pernah berhenti, terus mencari dukungan,” kata Jeff Ooi.Toh, apa yang dilakukan para blogger ini tak mengusik kerja Badawi. Berdasarkan pantauan Tempo, berita ini tidak dilansir media lokal kecuali New Straits Time. “Secara pribadi, Pak Lah tak kisah dengan blogger itu, karena memang ditujukan kepada NST, bukan kepada Perdana Menteri,” ujar Theo Ai Hua, juru bicara Badawi, kepada Tempo, Selasa lalu.Andi Dewanto, Taufik Salengke (Bernama, jeffooi.com)

7 February 2007:

Prominent blogger Jeff Ooi claimed that there had been a series of orchestrated attempts by the government to demonise bloggers in ways that had been used against former prime minister Dr Mahathir Mohamad.Ooi was speaking at a DAP-organised forum titled ‘Silencing Cyberspace - The Final Frontier’ in Kuala Lumpur last night attended by about 150 people.

“There is a series (of events) which looks like very organised strategies whereby they adopted the ways they demonised Mahathir [...] and took this demonisation aspect to demonise bloggers,” he said.As an example, he cited Deputy Energy, Water and Communications Minister Shaziman Abu Mansor who likened anonymous bloggers to snipers.“Bloggers are not that,” stressed Ooi, whose Screenshots blog prominently displays his name and contact details “Then there’s another deputy minister who said the mainstream media are complaining that the space, latitude, window and freedom of expression is much narrower compared with those online,” he noted.

Ooi was referring to Deputy Internal Security Minister Fu Ah Kiow’s comments on July 26 last year that the government would study if the Printing Presses and Publications Act (PPPA) should be amended to include electronic and Internet media.Fu had reportedly said that the traditional media feels that there are double standards.

Judicial reforms

However, Ooi said those who want to see greater media freedom should lobby for the repeal of the PPPA.

“If you are really a media friendly fighter, you fight on your own terms. You need to tell the government to repeal the PPPA.

“We want more freedom, and yet, they want our freedom on the internet to be the same as the print media. How can that be?” he added.

Ooi and fellow blogger Ahiruddin Atan who runs Rocky’s Bru, are currently embroiled in a defamation suit filed by the pro-government New Straits Times Press (NSTP).

The suits were filed by NSTP deputy chairperson Kalimullah Hassan, former editor Brendan Pereira and two others.

Another speaker at the forum, Bar Council president Yeo Yang Poh said judicial reforms should look into the issuance of an apology or correction as sufficient legal remedies for most defamation cases.

“Its not about money. Its about restoration of reputation,” he said.

“Certainly, damages is the wrong way of going about, let alone mega damages. There must be much less emphasis on monetary compensation, unless of course its deliberate,” he added.

5 February 2007

Rocky sent this video link to the official site and Jeff also has it on his blog. The ‘Cranky Geeks with John C. Dvorak‘ podcast (Episode 48) talked about the two bloggers’ lawsuit. Its on YouTube as well.

According to Jeff’s blog: “The anchor and the two guests — Sebastian Rupley, Crank at Large and Dvorak’s sidekick, and Lisa Stone, founder of BlogHer.org — passed some serious opinions on Internet governance in Malaysia. One of them said we may go down the China way for blogging, and China stands for bad, bad Internet governance and occupies the nerve centre of Internet Black Hole“.

Jeff says he has a “strong advisory for budding and existing bloggers in the current situation — if you are serious about blogging, then help prove that we are all responsible bloggers”. Click tvPAS. Yeah!

31 January 2007:

Bloggers United welcome these new bloggers into the blogsphere.

From Rocky’s bru

Bernard Khoo used to be a “poster” in other people’s blogs, mine included. The ex-teacher, 67, would leave his mark “Zorro” wherever he went in the blogworld. Today, he unmasked himself [http://zorro-zorro-unmasked.blogspot.com].

Tony Gayondato, beat him to it by time’s whisker. [http://www.standupphilosopher.blogspot.com]

A retiree, Rajahram, has a name and a blog, too. [http://rajahram.blogspot.com

Nazran from pastv.com used to blog under a pseudonym. I asked him why. No reason, he said, it was just something you did, or did not do. He's got a name now [http://amirulreza.blogdrive.com].

There are guys who don’t need any persuasion, like Major (Rtd) D. Swami [http://www.7rangers.blogspot.com]

Meanwhile, below are selected articles by Bloggers United:

Must reads:

1. Bloggers undettered by lawsuits, AFP

2. Blogs and boundaries of responsibilities, Malaysiakini

3. Injunctions after injunctions, how Kallimulah abused the law to silence critics, Walkwithus

4. YouTube:What the suits mean to the blogger-defendants

What these defamation suits against bloggers actually mean, and how bloggers are taking it - from the defendants’ point of view. It’s now on YouTube.

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Video clip courtesy Zan Azlee of Fatbidin.com, under the series: ‘I May Be Malaysian, But I Carry A Big Stick’.

To view the video, click here to YouTube.

30 January 2007:

This is Jeff Ooi’s take on his own case:

Lawyers from both sides of the defamation suit initiated by NSTP et.al against this blogger have agreed to record the following before Justice Malik Ishak in chambers at the High Court of Malaya Kuala Lumpur this morning:

By agreement, all parties henceforth agree not to publish any articles, comments or posts regarding the dispute presently before the High Court in this action that may be regarded as subjudice or that may prejudice the fair trial of the case.

I understand the draft was prepared by the plaintiffs’ lawyers, and ours did not object to it.

Prior to this, the plaintiffs had on January 11 obtained an exparte injunction against this blogger, requiring him to remove 12 + 3 alleged defamatory postings posted on Screenshots between February and December last year.

The injunction also restrains this blogger, “whether by himself, or through his employees and agents”, from republishing these posting in Screenshots or on the world wide web, until the disposal of the defamation suit.

‘Fatally deficient’

I have since instructed my lawyers to apply for the suit to be struck out on the ground that, among others, the Statement of Claims served on me is deemed ‘fatally deficient‘. As you see, it’s the same line of action I took compared to Rocky’s.

The Court has fixed March 6 for the hearing of the striking out.

My lawyers have also filed for the exparte injunction to be set aside, besides claiming costs to my favour.

As such, the interparte injunction and the setting aside of the ex parte injunction will be fixed for mention on March 6 when hearing starts for the striking out application.

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Haris taking questions at the press conference… LensaPress photo by How Fooyeen

My co-defence lawyer Haris Ibrahim had gone on record by saying that the judge would first deal with the striking out application before hearing other matters when the parties meet in court on March 6. Quote:

“The interparte injunction and the setting aside of the ex parte injunction will be fixed for mention that day. If the striking out application is successful, the defamation suit against Ooi will be dropped and there will be no injunction left to contest,” he said.

Meanwhile, the plaintiffs’ lawyers had obtained an ad interim to sustain the exparte injunction until the hearing starts.

Walk With Us

The hearing in chambers this morning was over within minutes. The lawyers were already stepping out of the lift as I was to get into Civil Court 6 on the 11th Floor.

I am grateful that some media friends, bloggers and blog commenters have made time to meet and to lend us moral support this morning.

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Blogger Marina Mahathir ( RantingsByMM ) flanked by the defendantsWalk-With-Us_Bloggers_HFY.jpg
BLOGGERS UNITE… (from left 2 to right 2) Bloggers Shanghai Stephen, Rocky’s Bru, Screenshots, RantingsByMM, 3540 Jalan Sudin and Kickdefella. The two on both flanks will start their blogs tonight. LensaPress photo by How Fooyeen.

Thank you for your time and paying for our breakfast and coffee. I hope you commenters start your blogs soon, and those who are already blogging, stay on course!

For more pictures, look here.

29 January 2007

Wisma Denmark, Monday - from Rocky’s Bru

NSTP & Ors v Ahirudin bin Attan
Civil Suit No S3-23-2-2007

At the proposal of the Plaintiffs’ lawyers, the court today recorded the following:

“That the parties agree to henceforth not publish any article, comment or post regarding the dispute presently before the High Court in this action that may be regarded as sub judice or that may prejudice the fair trial of the action.”

The hearing for the striking out application has been fixed for Feb 22, 2007 at 2.30 pm.

Meanwhile, PM Abdullah made several accusations against bloggers again (International Herald Tribune) in the article, published on 28 January, entitled “Malaysia’s leader said he refused to be ruffled by ridicule”.

An interview with him by the News Sunday Times while he attended the World Economic Forum in Switzerland, was published yesterday.

In the interview:

1. He implies we have ‘ridiculed’ him; ‘rubbish’ him; and tried to ‘distract’ him from doing his work

2. He said bloggers and other people were using Web sites “to create stories” that underscore how online freedom has been manipulated;

3. He called bloggers liars, and said we were spreading lies - “lies after lies are being told”.

4. He said we posted comments ‘anonymously’ (Am I a liar?)

29 January 2007 (2)

On a happier note, lets welcome some new members to our group:

rakissanta; jeremiahfoo; bukhairiramli; ahfook; khairena; khersham (malaysian student living in germany

Message from blogger JerryWho:

Jeremiah Foo is testing out a way to aggregate all blog posts related to Bloggers United on my blog - http://jeremiahfoo.com/. He said he would appreciate it if you guys can tag all your posts with the words “Bloggers-United” and he should be able to track and present them all on a page.

“See if this works, and if it does, I will build a full page dedicated to this news thread,” says the ever creative Jeremiah.

28 January 2007

The World is screaming, What is Sub Judice? From the wonderful kickdefella!

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IS THIS SUB JUDICE?

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From the Berita Harian 25th January 2007

Pemilik blog tidak ‘kalis’ undang-undang

KUALA LUMPUR: Pelbagai pihak berpendapat tindakan undang-undang terhadap pengendali laman forum atau blog di internet, tidak akan menjejaskan hak kebebasan bersuara atau bermaklumat di negara ini.

Mereka berpendapat, tindakan itu malah dapat membantu memastikan pengendali laman forum atau blog supaya lebih bertanggungjawab terhadap kandungan bahan yang disiarkan bagi mengelak sebarang implikasi negatif.

Ia berikutan tindakan pengendali blog yang menyebarkan fitnah tanpa bukti kukuh boleh memberi implikasi negatif besar bukan saja kepada individu atau sesebuah organisasi, tetapi juga negara.

Presiden Majlis Peguam Malaysia, Yeo Yang Poh, berkata sebarang bentuk sebaran fitnah sama ada dari segi percakapan atau penulisan boleh dikenakan tindakan mengikut Akta Hasutan.

Beliau berkata, mangsa yang difitnah sendiri perlu membuktikan bahawa sebaran terbabit mempunyai unsur fitnah sebelum proses pendakwaan di mahkamah boleh dibuat.

Presiden Persatuan Peguam Syarie Malaysia, Zainul Rijal Abu Bakar, berkata tindakan undang-undang terhadap pengendali laman forum atau blog boleh dibuat kerana kebebasan bersuara bukan sesuatu yang mutlak dan perlu mempunyai had.

Jika kebebasan bersuara sehingga menafikan hak orang lain, itu tidak betul dan dalam Islam sendiri, kesalahan memfitnah itu adalah lebih berat daripada membunuh,” katanya.

Kelmarin, Perdana Menteri, Datuk Seri Abdullah Ahmad Badawi berkata pemilik laman forum atau blog tidak bebas daripada dikenakan tindakan undang-undang serta harus bertanggungjawab terhadap apa yang mereka lakukan.

Perdana Menteri berkata, walaupun kerajaan berpegang kepada dasar tidak menapis kandungan di internet, pengendali blog harus memahami ada undang-undang fitnah dan hasutan yang boleh dikuatkuasakan.

“Mereka tidak boleh menyembunyikan diri atau mengambil kesempatan melakukan sesuatu melanggar undang-undang.

Mereka harus tahu dan tidak boleh melindungi serta berharap dilindungi dengan perlindungan tertentu.

Abdullah berkata, media sama ada cetak, elektronik dan internet termasuk pemilik laman blog mempunyai tanggungjawab dan beliau tidak mahu wujud kebebasan tanpa tanggungjawab kerana ia akan membawa kehancuran.

Perdana Menteri berkata demikian mengulas tindakan The New Straits Times Press (M) Bhd (NSTP) dan pegawai kanannya memfailkan saman fitnah terhadap Ahirudin Attan dan Ooi Chuan Aun berhubung beberapa artikel dalam laman blog mereka.

NSTP dan plaintif lain – Timbalan Pengerusinya, Datuk Kalimullah Hassan; Ketua Eksekutif, Datuk Syed Faisal Albar; Ketua Pengarang Kumpulan, Datuk Hishamuddin Aun dan bekas Pengarang Kumpulan New Straits Times (NST), Brendan Pereira, memfailkan saman itu di Mahkamah Tinggi Kuala Lumpur, 4 Januari lalu.Mengikut laporan akhbar, kedua-dua saman fitnah itu dikemukakan berhubung beberapa artikel dan komen yang disiarkan atau dibenarkan untuk disiarkan oleh Ahirudin dan Ooi dalam laman blog masing-masing.Sementara itu, seorang peguam, Hasnal Rezua Merican berkata, pengendali blog tidak boleh berpendirian bahawa mereka beroperasi dengan mendapat kebebasan mutlak tanpa mengendahkan undang-undang negara.“Ia sama dengan penulis buku yang masih tertakluk kepada Akta Fitnah. Ini tidak bermakna, kalau disaman kerana melanggar undang-undang mreka boleh mempertikaikan kononnya ia melanggar hak kebebasan bersuara,” katanya.Beliau berkata, kalau pengendali blog meminta imuniti seperti itu atas nama kebebasan bersuara, ia boleh menyebabkan penyebaran fitnah berleluasa seterusnya mencetus pelbagai masalah. subj1.jpgFrom The News Straits Times 25th January 2007

Bloggers subject to same rules

25 Jan 2007
Anis Ibrahim

KUALA LUMPUR: Bloggers are liable for defamation — just as in other forms of communication, lawyers and other experts said.

Kuala Lumpur Bar chairman Lim Chee Wee said statements on the Internet were simply writings in a different medium.
“You can call them blogs, online forums, websites, they’re all subject to the same defamation laws if offending statements are published,” he said.

Lim agreed with Prime Minister Datuk Seri Abdullah Ahmad Badawi, who said in London on Tuesday that although bloggers would not be restricted, they could be subject to defamation, sedition and other laws.

“They cannot hide or take advantage of a situation and do something against the law,” he said.

“I also welcome the prime minister’s statement that blogs will not be censored,” Lim said.

Law expert Prof Dr Shad Saleem Faruqi said there was no doubt the rules of defamation applied to blogs and Internet forums.

“The definition of speech covers every form of communication in whatever form, written or symbolic.

There is no doubt that bloggers are subject to the same rules.

Asked whether defamation laws in the West were more advanced than Malaysia’s, Shad Saleem said, “In fact we tend to give people much more freedom to defame because we have no privacy laws unlike most Western countries.

Lawyer Datuk Dominic Puthucheary, who has represented a major local publication against defamation, said, “Our laws on defamation should be governed by Article 10 of the Federal Constitution which provides for freedom of speech, unless limited by Parliament.

There is no law restricting people on the content of their blogs, he said.

But “if something is either spoken or written in a permanent form, it is liable for defamation according to basic common law”.

That was his advice to a politician on a statement that had been taken from the Internet and broadcast.

Puthucheary also drew a line between private and public individuals: “A defamatory statement against a private person is actionable,” he said.“When it comes to public interest issues and the conduct of public officers, it is not defamatory in some jurisdictions unless there is reckless disregard for the truth. But it is still an open question here.”The former Member of Parliament said the legislature should draft laws to deal with defamation in the “new forms of communication”.Lawyer Nahendran Navaratnam agreed that legislative changes were needed “to ensure that protection is given both to bloggers and those who are the subject of discussion on the Internet”.National Union of Journalists president Norila Mohd Daud said it was logical that defamation laws would apply to blog postings.“Right now our laws do not cover blogs or online forums, but I think it’s simple logic that a defamatory statement can reach the public via any medium, by newspapers, magazines or the Internet.”Norila also agreed that bloggers had to exercise caution on their websites.“It is true that bloggers have to be responsible. You can express your opinions but we have to see it from the point of view of the people who are named,” she said. subj3-copy.jpgsubj4.jpgsubj5.jpg 27 January 2007:The New Straits Times Press (NSTP) and individuals who are plaintiffs in Rocky and Jeff’s defamation suits SHOULD BE cited for contempt of court!Listen! We are telling you with concrete evidence that The NSTP is prejudice against blogger Rocky, and subjudice against blogger Jeff Ooi for printing articles pertaining to their defamation suits on January 24 and 25.

And how Malaysia’s Prime Minister has enslaved himself to the wills of his own servants!

EVIDENCE 1 - This was strategically timed by The NST to go on print on January 24 (Page 2), the eve of Rocky’s trial:

Read more on walk with us blog.

26 January 2007

30 January 2007, Wisma Denmark, Kuala Lumpur. Mark your calendars, hand in your leave forms, hire a baby-sitter, put aside all appointments, bring your notepads and your cameras! Come one, come all, for Jeff Ooi’s legal battle with the NST.

As we wait for that fateful day, let us all sing this song for our two brothers:

You’ll Never Walk Alone by Carousel:

Nettie
When you walk through a storm
Keep your chin up high
And don’t be afraid of the dark.
At the end of the storm
Is a golden sky
And the sweet silver song of a lark.

Walk on through the wind,
Walk on through the rain,
Tho’ your dreams be tossed and blown.Walk on, walk on
With hope in your heart
And you’ll never walk alone,
You’ll never walk alone”.

26 January 2007 (2) - Memories …

“If a picture paints a thousand words, then why can’t I paint you? - IF by Bread.

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Jeff Ooi of Screenshots present these brialliant pictures for our record. All photos courtesy Paul Choo, LensaPress Photo. Well done, boys!

Jeff says to expect a 20-second update over Al-Jazeera tonight (ASTRO Channel 20).

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TAKE IT EASY…Jeff Ooi chatting with the lawyers (from left) Edmond Bon, Haris Ibrahim, Malik Imtiaz, Nik Mohamed Ikhwan Rocky_20070125_03.jpg
‘RECCEE’ FOR JAN 30… Jeff Ooi with Datuk A. Kadir Jasin and Malik ImtiazRocky_20070125_04.jpg
WALK WITH US… Jeff Ooi with the brother whom he walks to Court

25 January 2007:

From Sheih on kickdefella: Please use this page to send your comments and messages to Rocky.

On behalf of Bloggers United, I would like to thanks all for the support shown to Rocky during today’s proceeding. A special thanks to Emy, the real Perwaris Perjuangan Yang Belum Selesai.

Please post your support and word of encouragement to our superhero Rocky, here only at Bloggers United Official page.

 

Meanwhile in an attempt to challenge my faith in the freedom of expression, few patrons to this blog posted profanities. They maliciously targeted my posting MUHAMMAD WAS HIS LAST WORD. What they did not realise, I am able to track their IP. Nevertheless, my apology to my readers. My email is also under attack by the same party.

 

 

The manner things being conduct by this party clearly shown that an organize movement are trying to disunite us. My advice to all, to neither engage them nor reply to their posting. Please ignore them as we are ignoring NSTP. We are Malaysian. Let us stick as Malaysian! Do not let any party take that away from us.

 

From Malaysiakini.com

Rocky’s inter-parte injunction today resulted in him being asked to remove readers comments related to the case. His lawyer Edmund Bon told the press that the plantiffs - NSTP and four others - wanted comments discussing the merits of the case to be removed as they risked prejudicing the case. Today’s hearing was to have heard an application by the plaintiffs to stop Ahirudin from further defaming them and to remove 48 posts deemed defamatory to them.

Striking out application

However, Ahirudin, through his lawyer Bon, filed an application to strike out the defamation suit on grounds including:

• the suit filed did not state clearly which alleged defamatory posts refers to which of the plaintiffs

• the defendant would have trouble defending himself because of such unclear pleadings

• the defendant is placed in a position where he does not know what case he is facing

• some paragraphs refer to posting which are not part of the 48 postings that plaintiffs want removed

• the process of discovery of the trial is akin to a ‘fishing expedition’- the pleadings must first be concrete instead of being revealed during trial More than 20 supporters were present outside the courtroom including blogger Jeff Ooi who is similarly sued by NSTP for defamation.

Ahirudin and Ooi revealed last Thursday that they were being sued for defamation by NSTP.

NSTP has already obtained an interim injunction ordering Ooi to remove the 13 alleged defamatory postings on his blog. However a proper application is due to be heard on Jan 30.

The plantiffs have also applied to the court today to remove comments pertaining to their defamation suit which appeared in Raja Petra Kamarudin’s Malaysia Today blog.


Rocky’s interparte injunction was set for 10am this morning. Let’s all walk with him. No matter how far or near we are, lets make sure we are all united in this.

From Bangkok to London, New York to Ulanbataar, Seoul to Pakistan, Kuala Lumpur to Doha, we are with you.

Today kickdefella also launched another poster saying “no to nstp, no more bully”.

For those of you who want to but haven’t signed the petition by Centre for Independent Journalism (CIJ) and Writers Alliance for Media Independence (WAMI) against the defamation suit against bloggers, please do so as soon as possible. Here.

CIJ has also set up a yahoogroup. If you’re interested in joining, send a mail to mybloggers-subscribe@yahoogroups.com. We’ll be adding info on how the group was initiated and things in the next day or so!

24 January 2007:

Bloggers United official page is now on Global Voices Online. Global Voices “seeks to amplify, curate and aggregate the global conversation online - with a focus on countries and communities outside the U.S. and Western Europe. We are committed to developing tools, institutions and relationships that will help all voices everywhere to be heard”.

In London, PM Abdullah Badawi defended NST’s action against our two blogger friends, saying “there is no freedom without responsibility”. Read about it here, and register your protest in this page.

You can find responses to Abdullah in a posting by our brother kickdefella. There is also a good write-up in Malaysia-Today by PAS Research Centre Director Dr Dzulkifli Ahmadin his article titled: Its a vote of no confidence to Abdullah.

Read also a stupid editorial by theSUN, which we will reply to: “Dangers of Misusing Blogs“. And Bloggers United’s response to it “Dangers of “Abusing Bloggers”.

We also welcome these new members and supporters of Bloggers United:

kittyann

wattahack

endroog

down to earth

munjin park (blogger from south korea, thanks to black)

saharil

23 January 2007:

Jeff Ooi and Rocky Bru has a press conference today together with CIJ and WAMI. Read Malaysiaini.com for the update.

20 January 2007:

This page was created on 20 January 2007, to continue the movement of Bloggers United. It will be updated regularly, and will contain links and information regarding the bloggers united movement.

Take heart my friends. Our movement is growing. This black dot in the history of blogshpere for Malaysians bloggers has a good side to it too. It brings us together. With numbers we can change something. Even if we didn’t (yet), we have at least started the ball rolling:

For first timers to this page, you can read how it all begun here. Thanks to the creator of our logo, none other than Sheih or kickdefella. There is also a Chinese version of the logo, thanks to Vincent. You can see it here.

Yes, lets join hands with Chinese language bloggers, in fact, lets join hands with all langauge speaking bloggers, and make this a truly Malaysian movement.

You can find the bombshell here and here. What triggered this movement to start in the first place. And the ball started rolling, see what others are saying here and here. Thanks to Kean Jin Lim.

On 20 January, kickdefella started a campaign to boycott NST, and it’s here. And Nuraina has a letter asking NST to withdraw its suit.

Below are blogs that link here on the Bloggers United movement. The links are growing. If you know more links, please send it here. The more the merrier. Our press statement is published below.

Technorati Tags: , , , . We are also featured here: online media beat.

There are also supporters from South Asia, see here.

ohchien

fromsarawak

klubbkidd

flux lounge

life’s happennings (malaysian blogger based in sudan)

nukilan jejari azhad

arifadull

wojia (from europe)

dont kid me

seasonchee

kankhai

press4freedom

clubmedrocks

geekrawk

whyyousolikedat

maddruid

bukhairiramli

andrewlza

chiakc

ahmike

chlow

bumiputera malaysia

twilightzone

bolehland

xperienceoflife

critical thoughts

mental jog

loveislettinggooffear

blackinkorea (malaysian blogger in korea)

from the heart (malaysian blogger in the middle east)

vincent

kualalumpurishome - there’s a good collection of links here as well.

tellusomething

surat dalam botol

sembang kedai kopi

littleskywalker

jelas.info

hatzputra

gerbang ruhanie

techxii

disagrees

patient helen

myuubie

purrgatory

rojak and cocktail

mucked in a jam

people’s justice party of california (malaysian blogger in california?)

the road not taken

the journey of me

reduced and recycled

scream space

days of our life

wicked

cintakan membawamu kembali

what a lulu

cakap tak serupa bikin

the sensintrovert (malaysian blogger in UK)

アルタントゥヤさん殺人に関するアンワル氏の見解

politikus

free agent (singaporean blogger in thailand)

rod’s journal (singaporean blogger in thailand)

sungame (norweigian blogger)

kickdefella

boonhooi

flying against time

what goes around comes around

Here are statements from organisations supporting our cause:

Aliran: Blocking Bloggers

Centre for Independent Journalism: Take action: Endorse Statement Against NSTP Suits

Southeast Asian Press Alliance : Concerned about libel suit against bloggers

Don’t miss DAP Lim Kit Siang’s press statement: Chilling Effects

Here are more big guns callings for support: marina mahathir a.kadir jasin a. asohan

For those who wants to join the “party”, carry the Bloggers United Logo and Press statement below:

Friday, January 19th, 2007…12:38 pm

Pix: courtey of Jeffooi.co, taken by MenJ.

Calling one, calling all! Defend your right to free speech!

Blogger United Condemn Action Against Rocky Bru & Jeff Ooi & Demand Level Playing Field in All Action Against Bloggers

This is the official statement of Bloggers United. This statement is jointly drafted by Susan Loone and Sheih of Kickdefella. All those who believe in justice and right to free speech, please sign on and put this up in your blogs. Spread it around; let it grow far and wide. The fight is on! See also kickdefella.

We are a group of Malaysian bloggers who believe in justice and right to free speech. We, who endorse the Bloggers United movement , unanimously condemn the action taken by media conglomerate NST against bloggers Rocky Bru and Jeff Ooi.

The action by the newspaper against the duo is an action against all bloggers who believe in their right to free speech, freedom of expression and justice.

The recent event may seem like a grave development in the path of bloggers, but it can never and must never impede or stop us from defending our right to speak, to express, to write and to tell the truth, to be the watchdog, eyes and ears of the people, or simply to share our view, and give fair comment on any subject which involves and affects us as humans, as rightful citizens of this country.

The recent event may very well give the government owned media the opportunity to dictate the so-called ‘truth” but such actions only prove that bloggers must unite , continue to uphold the right to free speech and freedom of expression, fight for justice, even if it is not our own, be more alert, committed to the cause of free speech, relentless and persistence in the face of such persecution like the one which had befallen on the two of us.

What YOU do to any of US, is what YOU do to ALL.

As responsible bloggers, we demand and claim our space on the blogosphere for free and fair comment, where important national issues and prominent personalities are discussed.

Although it may seem as if the NSTP defamation suits will have a chilling effect on freedom of bloggers, as litigation can be expensive and may jeorpadise a blogger’s economic position, we will not be cowed or silenced by those who have no regard for free speech.

If you find our post offensive, you may refute us with correct facts and figures and fair comment, in the spirit of free speech.

The first two cases will have grave impact not only on the internet, but country as a whole as the country celebates VMY2007. The healthy, mature and democratic growth for free speech and expression in our midst is at stake.

The reputation of the nation as it strives to promote our multimedia supercorridor and love for IT will be a national joke for all the world to feast on.

We demand for a level playing field in all action meted out to bloggers and in particular in the defamation proceedings particularly in terms of financial resources and capabilities, and secondly, that the legal rights of bloggers et al are properly protected in keeping with the imperatives of an information society and knowledge economy which Malaysia aspires to become.

For further information, please contact me at susanloone@gmail.com and my partner in crime Sheih of kickdefella at kickdefella@yahoo.com

179 Responses to “ROCKY & JEFF OOI CAMPAIGN”

  1. Bloggers declare war on NST (2) « “may the truth save us all” Says:

    [...] Bloggers United [...]

  2. imran Says:

    Good luck to ya guys and gals. I’ve had enuff of this oppression of media and information. Time to mass propagate the truth!

  3. joshuaongys Says:

    count me in the campaign!! Bloggers United Rulez

  4. Alan Says:

    BLOGGERS UNITE !!

  5. Jeff Ooi and Rocky sued: Bloggers United | Kuala Lumpur is Home Says:

    [...] launched and if you are concerned bloggers (Malaysian or otherwise) please lend your support for Bloggers United movement. Your support for Jeff Ooi and Rocky today could mean other bloggers support for you in [...]

  6. undergrad2 Says:

    Guys, guys..this is not about free speech. This is about the rights of one party who has recourse to the law when there is prima facie evidence that the other party has committed defamation!

    It is about democracy.

  7. undergrad2 Says:

    It is about equal protection