Advice or Threat?

A recent mail by Monash University Malaysia highlighted about blogging by its students and a number of it claimed to be defamatory and seditious. The moment after reading the mail, I felt fear... fear of the repercussions and laws/suits that can befall onto me due to my actions. Here's a copy of that mail for everyone to enjoy:

Dear Students,

It has come to my attention that there have been a number of blogs by students that are defamatory in nature, causing hurt to the persons named, and put the students who author the blogs at risk in a number of ways. I suspect that this has arisen because students are not aware of the laws of Malaysia relevant to such situations, nor of the University policies that pertain.

Please note that while free speech is welcome, there are limitations provided by the law particularly regarding defamation and sedition. It would appear that some students are not aware of this, and have perhaps inadvertently contravened the law.

In light of this, the University wishes to provide relevant information to students regarding the legal and institutional context that applies.

Please find attached a document prepared by the campus solicitor, for your information, and action as necessary.

Prof. Merilyn Liddell Pro Vice-Chancellor and President (Malaysia)

NOTICE TO STUDENTS RE: BLOGGING

It has recently come to the attention of the University that there have been several blogs written by students on the internet which were derogatory in nature and made against the University and its lecturers ("the Blogs").

As such, we wish to bring to awareness that there are laws in Malaysia and disciplinary policies at Monash University relating to such matters. The words used in the Blogs could be construed as defamatory or seditious words and constitute offences under the said laws and policies, thereby placing the blogger ("the Offender") in danger of attracting legal action and/or disciplinary action against him/her.

Definitions

Words are "defamatory" in nature if the words "tend to lower a person in the estimation of right-thinking members of society generally" (per the Defamation Act 1957) or if the words "makes or publishes any imputation concerning any person, intending to harm, or knowing or having reason to believe that such imputation will harm the reputation of such person" (per the Penal Code (Revised 1997)).

Words are considered "seditious" if they have a tendency to bring into hatred or contempt, excite, raise discontent or disaffection, promote feelings of ill-will and hostility against another person or party (per the Sedition Act 1948).

Consequences/Dangers for using defamatory or seditious words in blogs

There are numerous legal and/or disciplinary actions which may be taken against the Offender:- (i) a civil action for defamation may be initiated in court by the University and/or the offended lecturer against the Offender;

(ii) a criminal action for sedition may be commenced in court by the Authorities against the Offender;

(iii) the University may take disciplinary action against the Offender for committing a misconduct under the Students Disciplinary Policy;

(iv) the University may take disciplinary action against the Offender for committing an offence under the Acceptable Use of Information Technology Facilities By Students Policy.

Advice to Students

In view of the above and in view of the very public nature of the blogs, the University advises all students as follows:-

(i) to exercise caution when blogging or making any other postings on the internet so as to avoid writing anything which may be defamatory or seditious in their blogs or postings;

(ii) to immediately remove any blogs (together with its entire blog trail) or postings which could be defamatory or seditious in nature;

(iii) to lodge any grievances or complaints through the proper channels made available at the University, such as through:-

(a) the University's Counselling Services;

(b) MUSA Education Affairs Committee;

(c) the University's Student Services Department;

(d) the Course Managers of the respective Schools.

The University also encourages students to at all times maintain and uphold (and not tarnish nor prejudice) the good name and reputation of Monash University as being a premier international university as a good name and reputation serves to benefit not just the University but also the students. Please be so advised. Thank you.

I wonder, is this more of an advice or a threat to intimidate students? In the mail it is stated that actions can be taken under Defamation Act 1957 and Sedition Act 1948, the law that is deemed by many to be unconstitutional and that undermines human rights http://en.wikipedia.org/wiki/Article_10_of_the_Constitution_of_Malaysia . For those that have no idea what that law is all about, http://en.wikipedia.org/wiki/Sedition_Act_(Malaysia) will give you a brief idea.

Is the reputation of the university more important compared to the well being of its students? Or even to have a good reputation by covering everything inside the carpet? You judge yourself.

A review will be done for all articles in this blog and if it is deemed defamatory and seditious by legal advisory parties, it will be removed and an appology will be issued two weeks from now. Parties that feel that they are unjustly being defamed can contact me by leaving a message in the comment section of this article. Sorry if I had accidentally offended anyone in my articles, no harm was intended.

For those that feels scared of actions taken against them or even feels that they are unjustly silented can contact the following organizations for advice:

National Alliance of Bloggers, Malaysia
ALIRAN @ http://www.aliran.com/
Amnesty International Malaysia @ http://www.aimalaysia.org/
International Press Institute @ http://www.freemedia.at/cms/ipi/
Malaysiakini @ http://www.malaysiakini.com/
Network for Education and Academic Rights @ http://www.nearinternational.org/
SUARAM @ http://www.suaram.net/
The Chronicle for Higher Education @ http://chronicle.com/
SUHAKAM @ http://www.suhakam.org.my/

Written by Evilbunny "The best ideas comes from the worst minds" 2/10/07