Document type
Legislation
Country
The Amendment of Evidence Act 1950 introduced Section 114A. Presumption of fact in publication, providing
(1) A person whose name, photograph or pseudonym appears on any publication depicting himself as the owner, host, administrator, editor or sub-editor, or who in any manner facilitates to publish or re-publish the publication is presumed to have published or re-published the contents of the publication unless the contrary is proved.
(2) A person who is registered with a network service provider as a subscriber of a network service on which any publication originates from is presumed to be the person who published or re-published the publication unless the contrary is proved.
(3) Any person who has in his custody or control any computer on which any publication originates from is presumed to have published or re-published the content of the publication unless the contrary is proved.
(4) For the purpose of this section - (a) “network service” and “network service provider” have the meaning assigned to them in section 6 of the Communications and Multimedia Act 1998 Act 588; and (b) “publication” means a statement or a representation, whether in written, printed, pictorial, film, graphical, acoustic or other form displayed on the screen of a computer.
(1) Section 114A is controversial since it might enable law enforcement officials to hold publishers of websites accountable for seditious, defamatory, or libelous postings even if they are not the actual authors of the content.
(2) Not only those that were identifiable via a name or pseudonym but also via IP (internet protocol) numbers and those that own a computer might have to defend themselves of the activities that were done under these identifiers. This would have chilling effects on the freedom of expression at public forums, blogs and news sites even if these publications represent someone else’s opinion.
(3) In protest against this amendment the Centre for Independent Journalism organized the Internet Blackout Day (14 August 2012) in Malaysia to no avail. Section 114A was passed after the second and third reading. On 9 May, Dewan Negara (Senate) passed the amendment. The amendment was gazetted on 22 June 2012. This means the law is now operational.
Country
Year
2012
Topic, claim, or defense
General or Non-Specified
Document type
Legislation
Issuing entity
Legislative Branch
Type of service provider
General or Non-Specified
Type of law
Criminal
General effect on immunity
Weakens Immunity