Please read this and get your balls straight where it should be or else do not act as if you are the heroes of press freedom:

Forgive the sexist term, as in “balls” but sometimes there is no other way to describe some creatures:

This statement was issued by Gayathry Venkiteswaran, Executive director, Centre for Independent Journalism:

THANKS to Utusan Malaysia, discussions about press freedom in Malaysia have revived after a lull since the 8 March 2008 elections, when some vague commitments were made by the home ministry to review the licensing provision in the Printing Presses and Publications Act.

The Utusan affair, particularly with regard to the defamation suit filed by legislator Teresa Kok, has regenerated debates about the freedom and responsibility of the press. There are so-called advocates of press freedom who think Kok should not sue Utusan for defamation, deeming such an action as an infringement of press freedom.

Let’s get a few things straight. Press freedom is about the media being able to do its job as a watchdog of the powerful, without fear or favour. This means being able to report on abuses, corruption, governance, political issues, and other public-interest stories without facing the threats of government interference, criminal prosecution and other controls or censorship.

It’s also about ethical journalism — i.e. journalists upholding the highest standards of reporting.

How well does Utusan, an Umno-owned media organisation, fare with regard to these two standards?

The Centre for Independent Journalism has always maintained that while it is important to defend the media in the interest of freedom of expression, it is also the right of an aggrieved party to sue for civil defamation, especially when there are grounds to argue for inaccuracy and malicious intent, and where no adequate or satisfactory space was given for the right of reply.

In this case, we must also question the continuous attacks hurled against one legislator, especially through further publication of “creative” works that clearly hit out at Kok. Is she being targeted through the media articles, and if yes, why?

We think the best course of action for Utusan should have been to apologise after it has been proven wrong, and offer adequate space for a reply in its pages. Since the newspaper decided not to do this and did not think it should apologise, then it must defend itself in court.

At the end of the day, as long as a level playing field is nonexistent, individuals will be driven to lawsuits against the media to pursue redress for harmful reporting.

Civil society voiced their concern over the lawsuits by New Straits Times Press (Malaysia) Bhd against bloggers Jeff Ooi and Ahiruddin Attan since the two individuals did not have the same level of protection as their plaintiff then. Civil society has not turned its back on the campaign for press freedom; rather, it is strengthening the campaign by exposing unethical practices and racially charged content that should be criticised.

Admittedly, there are serious concerns with the standard of reporting in this country. However, it is not up to the state to use its instruments to penalise the media; rather, it should be left to the media to evaluate the impact of its content and reflect honestly on whose interests it serves.


82 responses »

  1. […] are not responsible for the content published. We encourage you to read the full article/post from the original source here. This entry was posted on Wednesday, October 22nd, 2008 and is filed under From Blogs. You […]

  2. susan,

    letak kes UTUSAN ke tepi, sekarang kita cakap mengenai Berita Harian pula, selain daripada perkataan MURKA yang boleh ditafsir secara pelbagai oleh individu, apakah laporan mereka yang menyatakan ketidakpuasan hati Sultan terhadap Kerajaan Negeri sekarang tidak bertanggungjawab???

    saudari seorang yang mempertahankan kebebasan media, saya percaya. Mungkin tiba masanya saudari bebas seketika daripada kecenderungan saudari untuk memihak kepada parti bukan Barisan Nasional dan untuk kali ini bersama mempertahankan Berita Harian.

  3. donplaypuks says:

    Utusan has deliberately played the Ketuanan Melayu card and tried to confuse the public with its right to publish (which even Teresa Kok is not disputing) and its right to be sued!!

    Teresa Kok is clearly exercising her legal right. I would do so too if as a result of Utusan’s policy of shooting from the hip, I was Mohd ISA’d without an iota of probable cause, and had to spend 8 days eating K9 food at Kamunting.

    And the scurrilous nature of these newspaper hacks has been brought to sharp focus with the assasination story by Chamil Wariya, who sounds like yet another immigrant laying down the ‘law’ for non-Muslim naturalised immigrants.
    ps gayathri, please make a visit to my blog

  4. Bentoh says:

    Why are those defenders worried for Utusan? We’ve got the first ever UMNO CJ in the country, and since Utusan is UMNO-owned, the defamation suit will probably start its first hearing by gazillion years later… and god knows by the time Utusan appealed to whatever decision the court made, YB T got assasinated by someone already…

    Why don’t the defenders worry about an MP’s live, which is increasingly threatened…?

    A live and the freedom of a human being, is less important than a twisted press freedom…

  5. Gan says:

    I do not think that Najib supporter Rocky can understand all this.

  6. The Penquin says:

    yes..i agree with susan….and who is rocky ? who cares whether he understands or not.

  7. Khairy Kemulutin says:

    Malays=UMNO=Ketuanan=NEP=Corruption=Utusan? = CANNOT SUE. WE are KINGGS?

  8. gasper rune says:

    Hey loony!….on one hand bloggers like u are fast to want to be recognised as part of the alternative media but on the other, there you go ranting about ‘without fear or favour’, etc…

    Well, for one: pls have a good look at your blog! So, you are non-partisan? Puhleeez!

    Get your pussy tighten first!

  9. anakmalaysia says:

    Rocky chose to see it in different angle. From the angle of Najib and Utusan. For reasons he knows best, he chose to side with them this time around. I hope our dear Rocky are not looking for rewards. Lets wait and see. Like Kali, he will announce that a call for national service made him to accept the offer. Time will answer his conduct.

  10. hard time says:

    Press freedom has nothing to do with defamation suit. This are two different thing all together.

    Press freedom is only affected if the licence to print is being withdraw, if reporter are put under ISA or press is being bought by people who has an interest to control the news we read….all this are done by UMNO before.

  11. az says:

    Ro key UMNO HO

  12. mahendran says:

    thkx slooone! rocky shud stop acting as if advocating free media.

  13. People, Rocky is and always shall be a MSM hack and Mahathir ball carrier. He only got a bit of street cred when he got sued. Unfortunately he has since squandered that cred by showing his true colors. Hope he gets what he deserves.

    And Gasper rune u tighten your pussy you crude kurang ajar s.o.b. Didn’t your mama teach u any manners?

  14. Lopez Sequeira says:

    By slowly pandering to the gomen side, Rocky may be eyeing the post of NST Editor in chief which is vacated by Kalimullah with Pak Lah resigning as PM. I think Rocky is trying to please Najib so that he may get the post. Should that happen Rocky might as well turn his blog into “Najib’s or UMNO’s bru”. Let it happen and then we will see what a big hypocrite Rocky will turn out to be

  15. can’t rocky say anything he likes? well speaking about freedom of speech, what rights do u guys have to say rocky is siding to the other side hence making him as bad, or as corrupted..

    get your mind cleaned up, sometimes, going against perceptions is the hardest thing to do. The easiest, be with the crowd, if the crowd boos, you boos, if the crowd jeers, you jeers. Get a freaking stand guys.

    and to gasper, freedom of speech doesn’t permit you to act rude. someone please come out with the most acceptable definition of FREEDOM..

  16. wandererAUS says:

    Hey, hey, give Rocky break, understandably, he is getting excited at the prospect that his idol Mamak be back as adviser to the new UMNO govt. This is a ground preparation for him to secure a ‘made vacancy’ for him at Utusan…this is what we call, a well plan strategy for self gain at the expense of others.
    Perhaps, Rocky should also explained to us, why he was so silent when this fine young reporter Tan was arrested for reporting the truth. Was his call for Freedom of press has double meaning?

  17. whispering9 says:

    Teresa has every right to sue, sue and sue but I still don’t think she got the right advice with regards to this option. Firstly, her suits will not amount to much after the initial camaraderie when she will be held up in courts endlessly instead of serving her communities. Then, people will start to get the impression that she is going to be rich, despite the fact that past records have shown in Malaysia no one get an iota from successful suits. She will definitely get many more unreasonable demands ‘cos of that impression. Worse, her detractors will use these events to portray her as being very ‘Chinese’ and aggressive, if it is not being done already. Her detractors are not necessary to be from BN but even her PR colleagues. Anyway, many including me hated politicians who sue to prove a point since Singapore set that examples. She should just forgive and be magnifico. At this point, they are slowly building up a believable image & psyop campaign against PR/DAP as being only about Chinese, hence with the constant front page news and TV coverage. Frankly, RB is doing her a service asking her not to sue.

  18. 104East says:

    This chamil guy says that the YB J has no resemblance to YB kok. Either chamil is not a very good fiction writer thus causing his readers to misunderstood what he is trying to portray or his readers are fools for not being able to understand what he is trying to say. Pick one.
    Err.. how do I tell if those news on Utasan are not cerpen from now on?



    you know that’s inciting violence when:

    1) bar council organized forum on sharia islam
    2) dap starts championing malaysian malaysia and call for abolish nep
    3) support hindraf

    don be silly that you can attain freedom of speech when you can only responsible the consequences. do you implying that dumb ppl cannot have their say and must stay silence?! so, let’s be fair, if you support bar council, dap, and hindraf, than you must be fair too with utusan air their grievance and opinion and cerpen. that’s freedom of speech, that’s what advocated by voltaire …….

  20. Bentoh says:

    According to the theory of the president of something out there…

    Malaysia’s Press Freedom ranking will further go down south next year, with the RSF’s remarking “Reporters and media were sued by the politicians and further worsened the country’s press freedom”…

    Let’s see if something like this will turn out to be true next year… 😉


    Did I hear a Tun cum Dr chuckling out there looking at the newest Press Freedom ranking?~~

  21. Blogreader says:

    Rocky is a loser.

    I just hope Haris Ibrahim n gang will not represent him anymore. He doesnt need them anymore afterall, judging at where he stands these days. Maybe Shafee the great lawyer will come to Rocky’s defense!

    I feel so cheated after reading and following his blog for so long! I especially cannot take it, when he was so excited when Mahathir dropped a comment on one of his articles. I can feel from what he wrote, he was so bloodily-hot excited !

    I hope people like him will not be able to cheat the public into his biased and self-promoting opinions.

  22. julian says:

    hey guys leave her alone if she wanted to be rich she would have joined mca or gerakan.
    maybe she will donate to the poor folks in malaysia?
    only problem is the new “chief justice?????) is an umno guy.
    may god bless you YB THERESA

  23. Palaniappan says:

    Freedom comes with responsibility and Press Freedom also entails Responsibility. Don’t write to incite and defend your writing in the name of Press Freedom. Bullshit.

  24. freewave says:

    If A sues B for defamation, it does not mean A says B cannot speak freely because A did not sue B for speaking up.

    It basically means A’s image and reputation is damaged due to B’s speech. And the law is the only way to clear A’s image.

    Freedom of speech also means you speak ethically. For those who defend Utusan, I suppose you don’t mind if I say your mama is a cheap whore (if that’s what you mean by freedom of speech)?

  25. nag says:

    anonymous dud arse ala rockeee

  26. jrajster says:

    I think Rocky Bru has some confusion about press freedom and freedom to write. Perhaps Susan give him a copy of this.

  27. freewave says:

    rocky wants to stop the freedom to sue

  28. “I suppose you don’t mind if I say your mama is a cheap whore (if that’s what you mean by freedom of speech)?”


    you ppl are just bias towards “ybj” ….. the cerpen is just an “entertaining” story to fill up the column, probably self reflection and that’s all. as if you (or bumi or muslim) read the article you will pick up a machete and chop “ybj” like that. get real, this is malaysia and it is a peaceful country. if malaysians are that emo, maybe gov to ban all violent movies (like rambo or gladiator or max payne) is a right move! and maybe to ban encyclopedia and internet too coz everyone read about lincoln and martin luther king will pick up a gun ….. just look back at yourself…

    and speaking of calling ppl whore or bitch, that’s not freedom of speech, that’s deliberate “insulting” and deserves to be whacked! and can’t you differentiate insult and essay…..

  29. wits0 says:

    Freewave : “rocky wants to stop the freedom to sue”

    He thinks Utusan’s well known excesses should continue to be be pampered. Be goodie goodie may bring its own reward.

    Maybe in doing so, the suit against himself may somehow gets dropped. Who knows?

  30. sub says:

    In his heart Rocky is also terror instigator. His newspaper used to carry may 13 advertisment during election time when rocky was there.

  31. Anonymous says:

    One can’t really claim that one has the right when one do not accept the responsibilities that came with that right. If the result of exercising one’s right caused harm and hurt then one also must bear the responsibility.

    If one do not accept the responsibility then the only recourse for justice to take its course would be a law suit.

  32. sinewy says:

    anonymous dud says:
    “utusan air their grievance and opinion and cerpen. that’s freedom of speech”

    What sort of crooked view is this? You mean you condone journalist who tells lies and makes slanderous remarks to incite hate so that people got arrested without trial. By showing such “fitnah” you mean they have grievance from their despicable act of dishonest reporting and irresponsible attitude. They carry reports based on lies and cause harm to people and that is their freedom of speech. With this sort of crooked mentality, I wonder how you are going to teach your chlidren well in the future.

  33. Harrison says:

    Dear Susan, below are some of the extract of HM Syed Hamid Albar’s interview with the Star (I have provided a link and some extract for deliberation).

    ON ISA:-

    Syed Hamid :-
    (It is about) ensuring law and order, peace and security, and comfort to the public. And we must ensure we are not guided by a need to be popular but by public interest. But people say what right have you got to decide what is a threat? Let the public decide. Let them determine it themselves. I think it’s a question of whether you want to govern or want to surrender governing. You must ensure that there is good governance, subject to public scrutiny, public debate and discussion.

    Harrison : Public debate???????? U must be a sick bastard. Even the BN component parties are calling for the ISA to be repelled (Gerakan) and to be reviewed (MCA) not to mention most civil society/NGOs?opposition parties.
    Syed Hamid: When other law enforcement agencies come here, they say ‘you’re lucky to have the ISA.’ They say, ‘because of your ISA there are so many things that do not happen – the Bali bombing, extremist groups.’

    Harrison : Hahahaha. I think the law enforcement who came here must be from Zimbabwe and Myanmar.

    On homosexuality, Hamid reasoned:-

    After all people do it’. But the fact that people do it, does not make it right. The Muslims would never accept it and neither would the Christians.

    Harrison : Hahahahaha. Susan, as a Christian, do you have any problems if the legalization of homosexuality were endorsed in Malaysia? An HOHOHO (pre-Christmas laughing). Is Syed Hamid a spokeperson of the Pope/Vatican?
    Dear all, please read the Syed Hamid’s interview, but please don’t mistaken him as Robert Mugabe, ok?

  34. apapunboleh says:

    Utusan Malaysia is just like UMNO, a pile of crap….only retards writes articles and stories for this paper.

  35. wits0 says:

    “Utusan Malaysia is just like UMNO, a pile of crap….only retards writes articles and stories for this paper.” – apapunboleh.

    Utusan, and all those noosepapers associated with the NST group do the same. The difference is in degree. Utusan thinks it is invincible because it can most outrageously echo the primitive demagoguery and whines of umno for decades. It’s only now that many people take more notice while they continue go overboard with its signature perversity in an Internet Age.

    No, Whispering, I think Teresa has no choice and was not ill-advised. I wouldn’t fault her action which is like that of Aesop’s tale of a grandfather going to the market with his grandson on a donkey. There is no no perfect way of doing that trip for the trio. In the absence of which, let truth be pursuit instead of others’ opinion.

  36. wits0 says:

    “be pursued”, i.e. 😉

  37. Kunta Kinte says:

    TAIPING, Oct 22 – The Sultan of Perak, Sultan Azlan Shah, today proposed that the social contract be explained at educational institutions to enable the young generation to have an in-depth understanding of the pre-independence agreement.

    He said it was important for the young to have an understanding of the social contract so as to ensure maintenance of peace, harmony and stability in the country.

    “I am happy that the firm position expressed recently by the Conference of Rulers with regard to the social contract has been well received by various quarters,” he said at the Speech Day of Sekolah Menengah Sains Raja Tun Azlan Shah, here.

    Also present at the function were the Raja Permaisuri of Perak, Tuanku Bainun, Perak Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin and his wife, Datin Seri Fatimat Taat, and the Perak Education Director, Hussain Harun.

    Sultan Azlan Shah also said that the national economy would continue to be strengthened by enhancing competitiveness.

    He said enhancing competitiveness demanded human capital of world standard with a high degree of knowledge, skills, creativity and capability in all aspects as well as positive work ethics and spiritual values.

    As such, he said, the participation of students in curricular and co-curricular activities was in accordance with the National Education Philosophy, which emphasises a balance in terms of the physical, emotional, spiritual and intellectual aspects.

    “Our country really needs marketable human capital with a first class mentality,” he said.

    The sultan said any recognition should be regarded as one of the steps in the climb towards the peak of excellence and one must aspire to emulate the achievements of people who excel.

    The measure of success of a school lay in the quality components which called for focus to overcome other considerations, he said.

    “The school must ensure that the quality components are not stifled in the race for achievements.

    “The standard of discipline of the students and the educators must be at the highest level,” he said. – Bernama

    For security reasons, I refrain commentary. But allow me to laugh out loud….
    Hah hah hah hah Waidooooooo hahahahahahahahahahahhahahahha.
    I am sincerely not sure whether I have mental illness. Hahaha. crazy man doesn’t know that they are crazy. Please blame me! Hahahahaha.

  38. When any press is being pressed down
    How can there be any real press freedom?
    When control is in the hands of political clowns
    We still have the classical example of modern fiefdom

    (C) Samuel Goh Kim Eng – 221008
    Wed. 22nd Oct. 2008.

  39. amoke says:

    Syed Hamid is still not satisfied that the Malaysiakini journalist resign, accepting responsibility for not checking with Najib for verification. This is the same complain that Teresa have on Utusan’s journalist. Same case, different reaction from UMNO.

    Utusan is above any mortals due to UMNO’s protection. Teresa should sue as much as Utusan and NST have utilize this option.

  40. vesewe says:

    If you turn on BBC, there are fair and equal coverage on the UK opposition parties.

    So is NHK (Japan), so is KBS (Korea), so is CNN (America), so is CBC (Canada), so is ABC (Australia).

    Even in our neighboring Thailand, their TV coverage is fair for both ruling and opposition parties!

    Only in this Umno hijacked country that you find most lop-sided idiotic coverage on Umno and its running dog partners!

  41. yoy says:

    I would not read Utusan Malaysia or Berita Harian, despite being paid to read it!

    I cannot imagine people actually buying those papers to read it!

    That is why Mahathir said the bloggers are really the last remaining hope of the nation!

    Don’t blame Utusan Malaysia la, it is owned by Umno, the party with low standard morons and extremists.

    Utusan Malaysia, The Star, New Strait Times etc, are just a few shameless newspapers that often cover up the scandals of BN government and to make oppositions look bad.

  42. az says:


  43. San says:

    Here is the statistic from my own experience……….

    Of the same batch of students graduated during the same semester in my college in USA, only 3 of the 12 students returned to Malaysia so far. None of them intend to return in the near future.

    Right after graduation, my friend went to Melbourne to do her masters, with one objective on her mind, she wants to get a PR there.

    Of the 100000 or more Malaysians who have emigrated to Australia, most are professionals. Their offsprings more often than not, are some of the best performers in schools here (Australia).

    Someone mentioned that two-thirds of the community of practicing doctors in Singapore is Malaysian Chinese.

    Don’t forget Singapore’s Netwater – that is founded by Olivia Lum, and presently also a nominated member of parliament in Singapore who made it only because she left Malaysia for Singapore!

    Our Malaysia country is so lucky to be blessed with abundant of very best quality resources including human resources. I leave it to you yourself to go and find out who is who.

    You name it and we have it. We just have a lot of very talented people from all fields, be it finance, IT, R&D, and etc. These people are highly sought by not just first world countries but the developing ones as well. They willing to offer everything they could even citizenships and needless to say about monetary rewards.

    I am pretty sure they (from Mahathir to Pak Lah) know about these very well and they even know more than what we do. But question is, why nothing could be done to curb the losses?

    NEP is the key, from the past until today, no Umno leader dare to bet on their entire political career by abolishing the NEP and revoking malay special rights.

    Our Malaysia competitive edges like better educated workforces, better financial and legal systems, better infrastructure etc, are no longer better. It is either being offered or better by other Asian countries which are hungrier than us.

    The developed countries like Australia know this and continue to pursue brain-gain policies which partly resulted in their 5% economic growth. Malaysia has not even reached there in its economic development and we are struggling with the current growth rate.

    For them to survive, they have to be global citizens. I am making sure they master global languages like English and Chinese. The world will compete for the brightest to maintain their edge.

    If one’s parents continued here (Malaysia), it would have been such a waste of talent. Look around us, everyday you see such wastage in our human resources.

    It is not a loss to Malaysia, as Malaysia simply does not have a culture and material to nurture genius brains, due to its “non-competition policies” so to take care of fools……….

    Some person is lucky to have parents with a foresight who would be able to get him out from the black box on time. The right type of soil will produce right type of fruits. In Australia, he becomes a sweet orange, if he were to be in Malaysia, he would turn into a sour lime.

    I agree that has nothing to do with the Bolehland.

    If he were to be in Malaysia at this present age, our leaders would simply tell him: “Oh! Sorry, actually English is very important, let us start all over again to teach English in mathematics and science subjects beginning from primary school.”

    The current Malaysia education system still incapable of maximizing the full potential of the younger generation (even the older ones). A revamp is needed!

    Go to the local premier university, see for yourself how the professors recruit research assistant, to help them prepare journal and PowerPoint. Then you will realise how the professors get the title. Afterward, you expect this kind of environment can nurture talent?

    Yes……….another Malaysia Boleh!

    Because Bolehland universities got a quota to meet……….Because Bolehland lost all the talents with no regret……….Because Bolehland got double standards for everything……….

    What a sad, sad loss to Malaysia and its economy.?!

  44. Steven says:

    If it’s a normal newspaper that made such mistake, It would have been easy to look the other way and forget about the whole issue, coz’ everybodies make mistake.

    In this case, I say sue till their pants drop, otherwise Theresa will loose alot of respect from the ordinary folks.

    Utusan is not ordinary paper. It’s Umno propaganda machine. It’s sole purpose is to incite hatred among various folk groups so that Umno can hold on to power in perpetuity.

    Moreover, their arrogance in refusing to apologise is definitely unaceptable.

    Don’t worry about Utusan go bust! Umno has plenty of dirty money and if you feel charitable, you can always donate it to many good causes around.

  45. Jed Yoong says:

    “In this case, we must also question the continuous attacks hurled against one legislator, especially through further publication of “creative” works that clearly hit out at Kok. Is she being targeted through the media articles, and if yes, why?”

    You think the typical Msian will really follow what Kok is doing and then link it to her? Unlikely lah. If you are normal, most likely you’ll skip the Sastera page? Ha Ha. These days when I read MSM like Star, I just read nation then flip through MEtro…Where got time to read others… 😉

    Chamil has denied it’s about her. I’m shocked that CIJ is so paranoid and is trying to stifle creative freedom. It seems that that some Pakatan fellas are just as bad or worse than BN in terms of being control freaks.

    Japanese anime/manga/fiction quite often depict their rulers being gruesomely murdered and sometimes there are some similarities but it’s still fiction at the end of the day.

  46. alex gan says:

    umnorambaisari (19:28:29);

    it is our freedom of speech to say things about roky

    after all, goingby rocky’s standards, we can even lie, and write untrue reports, and get him ISA-ed

    so..jangan nak defend sangat rocky bru-doh tu….

  47. hutchrun says:

    Practically all I`ve met fully support TK`s action in suing the Utusan, and that includes Malays. Let us not forget that Karpal is also suing the rag. This must really be hurting the rag with all the worms coming out of the woodpile to support it. At he risk of a double metaphor one may venture that these “defences” are the dying gasps of the UMNO empire.

    We look forward to more suits to put this evil paper out of its misery. Y`day closing price was 0.61 cents. Investors should dump all shares they hold in this risky holding. I doubt the rag would be in any position to pay damages and is an extremely likely candidate for winding-up proceedings against the company soon.

    However, we support Rocky`s right to continue with his holdings in Utusan shares.

  48. sam says:

    An interesting read and worth the criticisms and debates generated. But what has this got to do with getting “your balls straight”?

    The sexist language in so-called progressive blogs must stop.

  49. EinA says:


    Teresa would probably donate any money awarded immediately – I say that as someone who has met her & talked with her.

    How else can these lies be stopped? The only way is to hit them where it hurts – in their wallets. People might be less inclined to tell lies if they know it is going to cost them 10 million ringgit.

  50. Nudibranch says:

    SHAH ALAM, Oct 22 – A lawyer representing Raja Petra Kamaruddin told the High Court here today that his client’s detention order under Section 8 of the Internal Security Act issued by the Internal Security Minister was mala fide.

    Azhar Azizan Harun said there was an obvious inference that the detention was not prompted by concerns about national security but a desire to silence a vocal and influential critic of the government as well as the political parties and individuals in the government.

    “The applicant has at times been critical of the Prime Minister, the Deputy Prime Minister and the respondent (Internal Security Minister), among others. This has been undermining the political interests of Umno and Barisan Nasional (BN) as can be seen from the shift of voter support,” he said.

    He also said Raja Petra had never been told of the reasons for his arrest or detention except for the document which he was asked to sign at the Jalan Travers police station on Sept 12, which merely states that he had insulted Islam and that he was a threat to national security.

    “Under Section 8(1) of the ISA, the respondent has to be satisfied that the detention was necessary to prevent the detainee from acting in any manner prejudicial to the security of Malaysia.

    “The respondent therefore must look at all facts and circumstances to form an opinion that the applicant was a threat to national security before he could be satisfied that the applicant’s detention was necessary to prevent him from acting in any manner prejudicial to the security of Malaysia.

    “The applicant also is innocent of any crime; he has been charged with various offences and the trials are still pending. As there is no act which is alleged to be done in the future which could prejudice the security of Malaysia, the Section 8 detention order is obviously an exercise of power which was mala fide in nature,” he said.

    Malik Imtiaz Sarwar who also represented Raja Petra, said if one of the bases of the detention was because he had intentionally, willfully and recklessly published articles on Malaysia Today that insulted the Muslims, why had he not been charged with the offence of insulting Islam by the religious authorities for that matter.

    He said there was no “fatwa” that the applicant had insulted Islam or had in any way acted contrary to the principles of Islam.

    “The matter of whether the applicant had insulted Islam is a matter within the exclusive domain of the Selangor religious authorities. The respondent cannot usurp that function. Though the respondent does have authority over matters of security under the ISA, this authority does not empower the respondent to determine issues pertaining to matters of Islam.

    “It would be necessary for the respondent to acquire confirmation from the state religious authorities or the state syariah courts that the action complained of is an insult to Islam or is otherwise in contravention to Islam before he can take steps under the ISA.

    “On this ground alone, the detention ought be declared unlawful,” he said.

    Raja Petra is applying for the writ of habeas corpus to secure his release from detention under the ISA on the ground that his detention was unlawful and unconstitutional. He named the minister, Datuk Seri Syed Hamid Albar, as the respondent.

    His wife, Mable @ Marina Lee, and two daughters – Sarah, 19, and Suraya, 34, – and several supporters were seen in court.
    Meanwwhile, Senior Federal Counsel Abdul Wahab Mohamad submitted that the detention order made under Section 8 of the Act was valid and in accordance with the law.

    “If the decision was made upon a proper evaluation in the facts and surrounding circumstances and after due deliberation — that was all which could be required for the issue of an order based on subjective satisfaction in the present case – this is what the minister has done,” he said.

    Another senior federal counsel, Dusuki Mokhtar, said although the applicant had yet to be convicted of the charges that he was facing, it did not hinder the power of the minister to issue the detention order, and the power of the minister and Attorney General Tan Sri Abdul Gani Patail should be well distinguished.

    “So just as the attorney general has power to institute proceedings but not the power to order detention, the minister has power to order detention but not to institute proceedings. Just as it is not within the power of the attorney general to consider making an order of detention, it is also not within the power of the minister to consider the institution of criminal proceedings,” he said.

    Judge Datuk Syed Ahmad Helmy Syed Ahmad fixed Nov 7 for decision on the habeas corpus application.


    The above argument is factual and very rationale. Why must the Judge fix Nov 7 for decision. Clearly show his incompetence or the need to consult government for decision. If this case is argued in the US, the judge will probably call for the immediate release of RPK. How to be come a developed country ???? Sigh!!!!

  51. Moo.. says:

    Utusan Malaysia should be renamed Utusan UMNO

  52. wits0 says:

    Instead of, “Penyebar fikiran rakyat”, it’s actually, “Penyebar fikiran penghasut”.

  53. Ahjajal says:

    HM has a burning desire to act smart to show off . He thinks he is a prime leader
    he does not know that those that tell him he is smart are actually as stupid as he
    is. He should not be among human for his stupidity best he stay among donkeys

  54. LHHeng says:

    THis garbage reporting UM is just an UMNO mouthpiece. Got the cheek to talk about press freedom, my foot. I would give a damn on what they say. Just sue them till kingdom comes. Dont waste time talking to them.
    Bunch of cowards and stupid idiots.

  55. shrek says:

    Utusan Printing License should be revoked for printing hate material and causing racial unrest. Apart from just suing Utusan Karpal and Teresa Kok should also demand that Utusan license be revoked.

  56. wits0 says:

    “Got the cheek to talk about press freedom..” – LLHeng

    Double speak, equivocate and outright lies – part of their “lesen khas”. They speak/repeat such cliche like the squeezing of a lemon dry and soak in water and squeeze again! Semantics which was long ago murdered with such an abominable alacrity from the gutter.

  57. zztop says:

    I gave a big FAT ZERO on this garbage UM paper on fair reporting. It is just a mouthpiece of some Umnoputras goons. Has zero integrity and totally no reporting professionalism.
    The way they treated our people rep Teresa and Karpal was downright disgusting and racialistic. That pea brain arrogant toad should be revoked their license and those reporting bums should be ISA. U guys think he would do?
    FAT hope.

  58. draken says:

    San: I am pretty sure they (from Mahathir to Pak Lah) know about these very well and they even know more than what we do. But question is, why nothing could be done to curb the losses?

    If only we have a Kemal Ataturk (just like Turkey) to turn this country around….

  59. Piggy Singh says:

    It seems that many people here are affected by a syndrome known as OPPOSITION CAN’T GO WRONG. Get real please, it was loud and clear that Teresa DOG lied to the public. Feeling embarassed, Teresa projected to Utusan for the cause.

    Rocky was once being very dear to PAKATAN supporters because his postings benefited tehm. But the love turns to hatred overnight, as if Rocky had commited a great sin.

    Did you people ever wonder Harakah and Suara keAdilan also reported lies. The headlines of Harakah and Adil since early September were about new government, though till today nothing happened.

  60. Fair_to_all says:

    I doesn’t matter which side your are on, please predict what will happened if some Chinese guy were to come up with a fiction story about the assassination of a Malay (Bumiputera) division leader of Bukit Flag when the issue of ‘penumpang’ is still hot. What do you guys think will happened? Will the Home Minister keep quiet? Will the writer has a chance to explain himself or will he be in Kamunting? Please answer with your hand placed near your heart and think of god.

  61. lekiu baru says:

    The best move in defending is offending. Get rid of all those binatang12 in the barisan, then, we have all the press freedom.

  62. whispering9 says:

    Dear EinA,

    Malaysia isn’t the States. No one ever gotten paid in the millions. One got a judgement after 20 years, but there was nothing left minus lawyer fees, court fees and believe me, tax. Nonetheless, everyone thought he had millions. Even you think she will ‘get the money’ & donate to the poor. Perception is everything in politics. I think we watch too many American legal eagles on the screen. Being magnifico is legendary which will hurt their cause and legitimacy more than the suits which mean nothing in Malaysia.

    Law suit is a very risky business for politicians when the case is based on circumstantial or complicated evidence and hearsay. She can be countered sued successfully if she loses even one of the cases.

    Personally, she was doing great without the suits. Some, like LGE has to stay ISAed for years before accomplishing what he is today. Methinks some politicians, even from BN side, would love to be in her shoes when emerged as a star in such short period of incarceration. Don’t misunderstand me; I am not mean or insensitive but just stating the obvious. When LKS went into ISA, he said it was like going in for an education. I think I was 12 then and was extremely proud of him. Hahaha…lost that lovely feeling now ler when I became more ‘ temperate’ towards politicians.

    When thousands cheer you like a Star, you can almost start counting the days toward oblivion. Politicking is really about perseverance and mustn’t let the fat lady sings. TK lawsuits are doing just that. Cheer.

    ps: 2nd re-posting after losing the 1st to spam. 🙂

  63. lekiu baru says:

    There is no point in dealing with the binatang12 in the barisan!

    Do you think a buffalo will appreciate the best strumming sound from the best guitar in the world?

  64. lekiu baru says:

    Therefore, there is no point in defending or offending against the binatang12 in the barisan!

  65. lekiu baru says:

    The only solution is to obliterate all the banatang12 in the barisan.

    Then, and only then there is press freedom in Bolehland.

    Ta ta…

    hang lekiu on behalf of the hang brothers.

  66. Douglas Moore says:

    I understand Marina Mahathir is one of the “ALL-Blog” member. Her father, MM, when retired is calling for freedom of the press. Do you guys have any problem when mahaHTIR mOHAMAD IS PM? Hint# & HINT# 😀

  67. wits0 says:

    Dear Douglas Moore, why mention the notorious equivocator and recalcitrant distorter of semantics 180° ?

  68. whispering9 says:

    Actually, I think very little of the demand for the Freedom of Speech. The freedom to speak is something no one can take away from you. If what that needs to be spoken is important, then, speak despite whether there will be threats, persecution, imprisonment, torture or even death. When it is constitutional without fears or retributions, most of the times, it becomes just garbage. Which is exactly with most Utusan articles since it has UMNO backing to write freely. Even in US, Freedom of Speech is not free from lawsuits and etc. Freedom of press…even more absurd than freedom of speech in the age of internet. Unless, you are looking for a Pulitzer prize, just post it into the internet. Hence, I think RB defending Utusan freedom of press is an oxymoronic action. I do agree that TK shouldn’t sue because of bad publicity.

    ps: sorry being long winded. Was in China for a long time where wordpress and blogs, like Susan, are not accessible. 😉 ZZZzzzzzz.

  69. wits0 says:

    “..that TK shouldn’t sue because of bad publicity. ”

    I agree that there tend to be bad publicity but again there are extenuating circumstances. She, as an individual, had actually suffered directly on account of the reckless arrogance of an establishment long known for excesses of the maligning sort, something most people would agree about.

    There is no point in suing poor individuals. The late MGG Pillai never paid a sen and never would have anyway should he be around today.

    RB has destroyed his own remnant credibility over the issue of defending UM under the given circumstances. The thinking people can discern that he is/was a partisan scribe.

  70. bennyloh says:

    “anonymous dud”-and speaking of calling ppl whore or bitch, that’s not freedom of speech, that’s deliberate “insulting” and deserves to be whacked! and can’t you differentiate insult and essay…..”

    This is not insulting? Molotov thrown at house after all these cerpen stuff (and lies about loudspeakers too) sending one to jail.

    anonymous dud (19:50:42) :



    you know that’s inciting violence when:

    1) bar council organized forum on sharia islam
    2) dap starts championing malaysian malaysia and call for abolish nep
    3) support hindraf

    don be silly that you can attain freedom of speech when you can only responsible the consequences. do you implying that dumb ppl cannot have their say and must stay silence?! so, let’s be fair, if you support bar council, dap, and hindraf, than you must be fair too with utusan air their grievance and opinion and cerpen. that’s freedom of speech, that’s what advocated by voltaire …….

    What are all these, what’s the relevance here?

  71. bennyloh says:

    anonymous dud (19:50:42) :



    you know that’s inciting violence when:

    1) bar council organized forum on sharia islam
    2) dap starts championing malaysian malaysia and call for abolish nep
    3) support hindraf

    don be silly that you can attain freedom of speech when you can only responsible the consequences. do you implying that dumb ppl cannot have their say and must stay silence?! so, let’s be fair, if you support bar council, dap, and hindraf, than you must be fair too with utusan air their grievance and opinion and cerpen. that’s freedom of speech, that’s what advocated by voltaire ……
    Check with Voltaire if I was talking about the above

  72. “You mean you condone journalist who tells lies and makes slanderous remarks to incite hate”
    unfortunately, i look up for voltaire…. and upholding freedom of speech is not inciting hate… if you have brain to identify what’s wrong and what’s right….

    “I wonder how you are going to teach your chlidren well in the future.”

    it’s shame of you to bring children into discussion – shame, shame, shame. if my children to be brought into discussion, i would say they should learn to speak without hindrance and stand up for that right …… they say children say the darndest things, don’t they…

  73. bennyloh says:

    bennyloh (18:31:31) :

    anonymous dud (19:50:42) :



    you know that’s inciting violence when:

    1) bar council organized forum on sharia islam
    2) dap starts championing malaysian malaysia and call for abolish nep
    3) support hindraf

    don be silly that you can attain freedom of speech when you can only responsible the consequences. do you implying that dumb ppl cannot have their say and must stay silence?! so, let’s be fair, if you support bar council, dap, and hindraf, than you must be fair too with utusan air their grievance and opinion and cerpen. that’s freedom of speech, that’s what advocated by voltaire ……
    Check with Voltaire if I was talking about the above
    So you did check with Voltaire and he confirmed to you I wrote the above!! By the way you continue to teach your children to fix others up sending them to jail by telling lies. What on earth are you talking about bringing children to shame, check with Voltaire again if I ever talk about children here!!

  74. slavery says:

    Talking about children should go to schools and learn what non-malay children are taught in school and how the malay teachers abuse non malay children esp indian kids.

  75. slavery says:

    What they are taught – and it starts from primary schools till they become “universuty chancellors”:

    Perhaps like me, some of you may be wondering, how exactly is such a decision ‘not politically motivated,’ as presumably claimed by the vice-chancellor? I am truly at a loss in understanding how exactly is this not political? By Rafiah’s own admission, the decision ultimately gave priority to the sensitivities of Iranian students – whose country we supposedly have good relations with.

    So let’s see, the university censors free speech, coming from those who should above all be champions for open dialogue, and then we’re to have our intelligence insulted by being told this was not politically motivated? How could the stated reason give for scrapping Shirin’s invitation be anything other than politically motivated?!!

  76. tamade says:

    Pak Lah! Pak Lah!

    Awaken belum? Kena sold out by your own gang, awaken now? Feeling very hurt, right?

    People said Padan Muka because you never listen to the Rakyat.

    You promised so many things after 2004 landslide victory, but did you ever appreciate the rakyat support?

    You asked people to work with you and yet you did not have the political will to carry out reforms.

    IPCMC? Can you do it?

    Are you going down in history as a mediocre PM?

    May be, may be not. We shall see.

    You have until Mac 2009 to finish your tasks provided those flurs from your own camp do not play you out.

  77. mesinkasir says:

    I will get a pray for Press Freedom at Malaysia, I hope people will be built better democracy and human right, Salam from here

  78. Freedom Fighter says:

    People wake up to rude awakenings when they see their life’s savings evaporated after “investing” in junk securities from US “AAA” rated companies. This is the result of freedom of press hah???? Tell their jounalists to lecture their own leaders lah, these morons!!!!

  79. toca says:

    fark freedom fighter

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