Today is the Internet Blackout Day as a move against Evidence Act 114A. In the midst of the entire situation, some put a pop up banner to show their support to abolish the act. Some even went completely offline. We can definitely tell that a lot of people are not a huge fan of the act. Let’s take into consideration that even famous websites and organisations are against it.
While many are angered by this new Evidence Act, do we really know what it is all about? Here’s what PIKOM has to say about it. According to PIKOM, the recent amendments made have consequences for everyone who uses the Internet; individuals, corporations or enterprises.
The amendments to the passed Evidence (Amendment) (No.2) Act 2012 would hold Internet users liable for any content posted via their network services or data processing devices. Shaifubahrim Saleh, President of PIKOM, concurred, “This amendment may appear to lower the bar for the prosecution of potentially innocent parties.”
According to Shaifubahrim, the amendments made to the Evidence Act 1950 have also created repercussions on individuals, corporations and society as a whole. This results in people needing to be vigilant on any postings or contents appearing on their website or social media. Information on the Internet must be sensibly used as the post is open to everyone.
“It is the ‘shifting of burden of fact on the defendant’ that is most concerning (albeit it is not a presumption of guilt and rightly pointed out by some in the legal fraternity that such ‘presumption of fact’ existed in some legislation such as the Dangerous Drug Act). From the wordings it does infer a presumption of guilt until proven innocent, especially to the layman. The average individual or even some corporations may not have the resources to defend or prove against such allegations or liability.” adds Shaifubahrim.
Take note that Shaifubahrim recognises that such law is important but he pointed out that freedom that comes with the internet must be exercised with great responsibility. He mentions that the wordings of the act should be made clearer and well-defined.
Aside from PIKOM, there are other sites like cari.com.my, entrepreneurs.my, Free Malaysia Today, Malaysiakini, Women’s Aid Organisation, Lawyers for Liberty and more that are against this new Evidence Act. What do you think about this situation?
