New Cyberbullying Evidence Rules May Go Too Far 125
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samzenpus
from the sticks-and-stones dept.
from the sticks-and-stones dept.
An anonymous reader writes "The Malaysian Government has recently passed an amendment to their Evidence Act that has been designed to hold cyber bullies accountable for their malicious tirades on blogs or Facebook Walls. Unfortunately, the amendment has been worded such that 'If your name, photograph or pseudonym appears on any publication depicting yourself as the author, you are deemed to have published the content' and 'If a posting comes from your Internet or phone account, you are deemed to be the publisher unless the contrary is proved.' What these raft of amendments have done is shifted the burden of proof to the accused. One is considered guilty until proven innocent. Even the simple act of posting an offending message on a friend's Facebook Wall could get that friend, and not the original poster, into trouble with this law. Although the amendments were initiated by good intentions, a conspiracist can see how easily this law can be misused to curb dissent in Malaysia."
Basic Overview (Score:5, Informative)
For anybody who wants a basic overview of Malay law regarding these matters, there's an issue of the Malayan Law Journal (actually an article supplement) that covers this in language easily understood by the layperson (and it's also in English, to boot). The PDF is located here: http://jeraldgomez.com/pdf/7cd40a1889d4539feffda786372ff33b.pdf [jeraldgomez.com] and I would point you to page 3 (page 4 of the PDF).
Basically, they are based on English Common Law, and signed the UDHR, but have a history of legislation that allows detention without trial, originally designed to combat communism.
Re:Why the difference (Score:2, Informative)
Re:Why the difference (Score:2, Informative)
Walk away? The bullies LET you walk away?
What fantasy world is this where someone can just walk away from their tormentors and not be followed and attacked?
On Facebook, you can block people. In real life, you're stuck with them.