News

Malaysia Today controversy gets hotter (Update 4)
By ROYCE CHEAH, LEE YUK PENG and SIM LEOI LEOI
KUALA LUMPUR: The Malaysian Communication and Multimedia Commission (Suruhanjaya Komunikasi dan Multimedia Malaysia or SKMM) was “only exercising its power” when it ordered the 19 Internet service providers (ISPs) in the country to block the Malaysia Today website.
“Everyone is subject to the law, even websites and blogs,” said Home Minister Datuk Seri Syed Hamid Albar.
“We do not intend to curtail people’s freedom or right to express themselves.
“But when they publish things that are libellous, slanderous or defamatory, it is natural for SKMM to act,” he said in Parliament lobby on Thursday.
Earlier Thursday, SKMM confirmed that it had instructed ISPs to block Malaysia Today.
When contacted, SKMM chief operating officer Mohamed Sharil Mohamed Tarmizi, who is currently overseas, confirmed the order but declined to elaborate, saying a press conference would be held to explain why action had been taken.
It was reported on Thursday that notices to the ISPs were sent out on Tuesday in accordance with Section 263 of the Communications and Multimedia Act.
Section 263 falls under the National Interest Matters part of the Act which states that an SKMM licensee would prevent their facilities from being used in, or in relation to, the commission of any offence under any law of Malaysia.
It also states that upon written request of the SKMM or any other authority, the licensee would assist to prevent the commission or attempted commission of any offence under any written law of Malaysia, including but not limited to the protection of public revenue and the preservation of national security.
Malaysia Today editor Raja Petra Kamaruddin said that blocking access to his portal was a breach of the Multimedia Super Corridor (MSC) charter and that he would turn it into "a big issue."
Under MSC Malaysia's 10-Point Bill of Guarantees, it is stated that that Government promised to “ensure no Internet censorship” as part of its commitment to ensuring the success of MSC status companies.
SKMM's move was also roundly criticised by most bloggers, who said SKMM must immediately lift the block or it will rattle investors' confidence in the country.
National Alliance of Bloggers interim president Ahirudin Attan said it was the first time that SKMM had gone against the spirit of the promise that the Government had made.
"The promise was made not only to Malaysians but to the world that there will be no censorship of the Internet in the country.
"Google is planning to build a multibillion-ringgit datacentre here. If this is the way the Commission behaves, it is as good as telling Google to please go away."
Ahirudin, who operates the Rocky's Bru blog, said while it was obvious that the Government would say it was not censorship, the blocking of the popular website was definitely considered censorship.
Jelutong MP Jeff Ooi, also a blogger, noted in his Screenshots blog that SKMM has neglected Section 3 of the Act, which ends with the statement, "Nothing in this Act shall be construed as permitting the censorship of the Internet.”
"The Commission is not the final judge to decide what is good and what is bad for Malaysians.
"Malaysians who are online are mature enough to discern between what is good and what is bad," he said.
The Centre for Independent Journalism (CIJ) condemned the blocking of the site saying the action went against national commitments spelt out under MSC Malaysia's Bill of Guarantees.
"The Commission and the Government should acknowledge that the problem at hand is the failure of the mainstream media to fulfil its duties in reporting information adequately, truthfully and fairly," CIJ executive director V. Gayathry said in a statement.
In his blog, MCA vice-president Datuk Ong Tee Keat said he hoped that the SKMM would reconsider its decision and that he was a “little surprised and disturbed” about what had happened.
“Under the Multimedia Super Corridor (MSC) Bill of Guarantees, the government promised there would be no censorship of the Internet. I do not understand why the SKMM is resorting to this.”
Ong said Raja Petra was already facing several charges in court.
“We should let the courts decide his fate,” Ong said, adding that forcibly blocking access to the website would only lend more credence to his writings.
“In fact, it is foolish to think that online censorship works effectively. There are still many other ways for surfers to access the portal.”
Telecommunications expert Dinesh Nair said it would be extremely difficult for SKMM to completely block the website although there were more technical ways to make the site inaccessible.
"All he (Raja Petra) has to do is to change the website address. If they want to block it again, they would have to issue more letters. He may have lost some viewers for a couple of days but it would be back to normal soon."
Dinesh added that although he did not agree with what SKMM had done, he could see "where they were coming from."
"It is one thing when you are saying something and it's an opinion but something else when you are putting it across as fact when it isn't," he said.
Also at Parliament, Deputy Energy, Water and Communications Minister Datuk Joseph Salang Gandum said he was not aware of SKMM’s directive to the ISPs.
“SKMM may have briefed the minister on the issue but not me,” he said, adding that minister Datuk Shaziman Abu Mansor, currently in Bali, Indonesia, would return to Malaysia either later Thursday or by Friday.
Information Minister Datuk Ahmad Shabery Cheek, when asked to comment, said, “I am aware of the issue but it is not under my jurisdiction.”
It is understood that only TMnet, the nation's largest ISP, has complied with SKMM's directive. Other ISPs contacted by The Star have declined to comment.
TMnet users can still access Malaysia Today through a mirror website however.
While unusual, SKMM's move was not unprecedented.
For example, last year, in a concerted effort with the Securities Commission, Bank Negara Malaysia and CyberSecurity Malaysia, it closed down several websites which were suspected of being involved in fraudulent investment schemes.