ACT 114A - What it really is?

What is ACT 114A?

  Act 114A, is a new amendments from the Evidence of Act 1950 named “Presumption of fact in publication” This Act has been approved by the parliament since April 2012, the government has gazette and comes into forces this enactment starting 31st July 2012.

  Section 114A is an Act which is related to the dissemination of defamatory, libelous and seditious content or materials in the internet.  This involved the blog post, forum or any social network.  According to the bills of law, this act assume that any person who are the owner, administrator, host, editor or sub-editor considered responsible to be publish or re-published the publication which in the network, website or any device unless the contrary is proved.

Besides that, Section 114A also stated that:

1) 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.

2) 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.

3) 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.”.

How will it affects you?

Guilty Until Proven!!

   Since it has been approved and forces, there are many discussion and debated about the rationality of the Act, and most of it are against this enactment.  Many activist especially the Center of Independence Journalism (CIJ), said that, Act 114A are inverse from the basic Principle of Justice which is 'Innocent until proven guilty'.

  For me, it is not a major affects to my life since I'm not a hardcore internet user by blogging or joining debate related to any political or current issue forum.  I'm only used internet for research, searching for tutorials and changing knowledge.  However, I'm still doubt that this law can really protect me or fight against the cyber-crimes because, with this act, it can give chances to the cyber criminals to put the blame on other internet users by using their name, hacking their device, social network or internet network.  It is hard proving that I'm not guilty and how can we do that because we can't expect who are doing it, even if we know how can we prove that?

Does it really matter?

https://twitter.com/NajibRazak/status/235342064089452544

  Everything in this world has it pros and cons, by amendment this act, it can educate people to be more careful when posting any subject or issues.  It is also can develop our people's critical thinking by making many research and really make sure that issue are truth rather than simply spread it through blog of social network by only first time reading it like what most of us are doing these day.

  I'm felt really relieved when I heard that our Prime Minister, Dato' Seri Najib Tun Razak, ask the parliament to review again Act 114A.  This means our leader really sensitive with the voice of the citizen and care about our safety. 

  I think Section 114A is a good act, however, they should be improved in the some ways, especially on how to prove that we are innocent if we've been frame.  They should state it clearly on how they really want to operate this law without being harmful to the innocents.  With this Act, it is also can be a huge burden to the network provider such as kopitiam, mamak stall, library, education institutes or any facilities that provided Wi-Fi connection because, when their user posting any illegal content, the blame will be put at them and how they want to prove they are innocent when maybe hundreds of people come and go at their place every day?

Should you be concerned?

  It’s a lie if I said that I'm not concerned at all about this act.  As a person who live in the modern IT era, not much or less my life are rely on the internet, especially as a student.  I'm really afraid that I could be frame to the crime that I didn't even know who did it, if that thing happen, it could be hard for me and my family.

  Therefore, I'm really appreciated if the government can reconsidered again about this act and make improvement.  I'm not totally against it, but I just want the government to be care about the citizen's safety, as we can live in comfortability without always in fear.

Thanks.