Bloggers beware libel lawsuits
The following is an interesting article courtesy of Borneo Bulletin Weekend by M K Anwar:
Local web-loggers or bloggers on the Internet as they are candidly referred to had better watch their cyberspace.
For if they are found to be violating the local libel laws or not being properly registered as required by existing laws, they may be bogged down with lawsuits and even criminal prosecution.
This is the message that was sounded yesterday by the relevant authorities and legal experts who have been following a series of libelous statements appearing in some of those so-called blogs.
A weblog may not have been heard of over four years ago but it is now becoming popular around the world and fast becoming another means of mass communication.
The changes in cyberspace have created a cycle of challenges in the world though its benefits undoubtedly have opened more opportunities and affected the lives of many people.
Brunei too faces such an acid test as the presence of local web-loggers proliferate. Blogging can be considered as publishing and this similarity shows that it is susceptible under the nation's Newspaper Act, authoritative sources said.
Blogging has become something of an 'in' thing for many youths.
It may sound innocent or it may be only a source of entertainment, yet how much knowledge these bloggers have on the legal aspects of their webblog is still questionable.
Some young and gullible ones innocently open up their own webblog and invite others for comments without realising that they actually have to register with the authorities, sources added.
Some have questioned whether these people are aware that they are liable under the nation's Internet Law and that their words, comments or the information they are 'blogging' in their weblog is also liable under the country's Libel Law.
The daily blog that chronicled the daily lives of a blogger might seem harmless enough and that some have also provided some useful constructive comments. However, when it is used as a daily form of personal attack, here is where the danger lies.
Anonymity is the name of the game and many have hidden behind fanciful nicknames or pseudonyms attacking individuals or organisations and using a third party host, posting vulgarities and obscenities with no consideration at all. It is this anonymity that is making blogging the preferred choice to air their discords and views, according to observers.
Lawyers in Brunei said that this anonymity however does not mean that they are immune to prevailing laws in the country.
Others might argue that a blog has similarities to Internet forums that have become the avenue of open discussions but one safety aspect of these forums is that a Webmaster monitors it continuously. Any irresponsible comment or personal attack or even any indication of defamatory remarks will be censored or removed.
Weekend Bulletin learnt that the authorities are keeping a close tab on bloggers, following a spat of complaints by aggrieved parties.
A senior government official told the Bulletin that bloggers must abide by the Internet code of practice and not post contents that are against the public interest and national harmony. It must not offend good taste and decency.
Some local lawyers are reportedly working on several cases of defamation and libel that originated on the Internet. Though not elaborating more on these legal cases, one of them simply said that her clients have been mentioned in a website and that some defamatory comments have been made.
Already in Singapore, a student had to shut down his blog after a libel threat was made when he criticised a government agency. Also in China, a lawsuit has been filed against a blog website when it published insults directed at a professor.
Interesting indeed that a leading Borneo newspaper is touching on the subject. I guess blogging is getting more attention in this part of the woods nowadays albeit negatively?
Anyway, I guess my SBI! Blog shouldn't be an issue for the authority? Unless I defame Ken Evoy or Site Sell Inc. Now, why should I do that when my SBI! journey is so far so good and I don't expect any hitch to my online goal?
posted by e-borneo.com @ 3:28 pm
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