While many bloggers harked to his call, making him a national hero to some, and even more so when he was apprehended for his actions, Syed now claims he was paid RM4 million (USD1.25 million) over a period of three years to tarnish the credibility of former prime minister, Tun Abdullah Ahmad Badawi, and his administration through his blog.

According to a news report, Syed claimed that the PAS government in Kelantan, a northern state in Malaysia, had paid him to carry out “psychological warfare” to denigrate the ruling coalition, Barisan Nasional (BN), so that PAS remains in power in Kelantan's state assembly.

Due to his assertion, the Malaysian Anti-Corruption Commission (MACC) has begun investigations on the matter. It is unclear as to why Syed has only now revealed that he was paid and the amount involved, but judging from his blog post on the matter, it appears to be regarding alleged “abuse of power” and “breach of trust” by the PAS governance in Kelantan.

While there is nothing wrong in a political party to pay for ‘image building' or ‘branding', the question appears to be where these funds were derived from. In 2009, Syed had served as corporate liaison officer of PMBK, the state's investment corporate arm. In November of that year, he was told that his services were not required any longer.

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Kelantan PAS Security Committee, secretary Major (Rtd) Mohamad Ibrahim, lodged a report on the matter on 8 Feb 2010, after discovering the pictures on the Internet on 6 Feb. Johor police chief, Deputy Comm, Mohd Mokhtar Mohd Shariff confirmed the arrest, according to the news report.

According to another news report, the blogger is currently being held under Section 233 of the Communications and Multimedia Act, which relates to improper use of network facilities or network service to comment, request or suggest in a communication which is obscene, false, offensive, or used to abuse, threaten or harass another person.

If convicted, the blogger faces a maximum one year jail term and/or a maximum fine of RM50,000.

This arrest comes shortly after police charged another blogger for allegedly insulting the late Sultan of Johor, and in the midst of Anwar Ibrahim's second sodomy trial.

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The news report quoted the Malaysian Home Minister as saying:

Let his case be a lesson to others who think they can express themselves openly without worrying about repercussions… He has been arrested and will have to wait for the Attorney-General’s Chambers to decide on the appropriate action to be taken against him… Even if he apologised to the Sultan or the public for making the insult, my ministry and the Malaysian Communications and Multimedia Commission can still take action against him.

The blogger reportedly gave himself up to the police, according to reports on 25 Jan 2010. Following the sudden passing of Sutlan, Khairul Nizam allegedly posted the insulting comment on his blog, for which it is said about 25 police reports were filed against him. Due to this, the Johore police had to establish “a special task force” to investigate the matter.

Since then, Khairul Nizam publicly apologised and withdrew the posting.

In addition to the Home Ministry and the police investigation, the Malaysian Communications and Multimedia Commission (MCMC), a body which regulates the Internet, will also investigate the matter, according to Information, Communication and Culture Minister, Rais Yatim.

The minister was reported to have said:

We need more people who are appreciative of those who have contributed. It is very seldom to find Asians lambasting a former head of state, especially the late Sultan of Johor who was the Yang di-Pertuan Agong.*

During the course of developments on the matter, the two ministries have been conflicted in their approach to the matter. After the initial outcry, Information Communication and Culture Minister Rais Yatim was reported to have said that the government has no intention to take action against Khairul Nizam, as he had realised his mistake and openly apologised for it on his blog.

He later said that the blogger must apologise formally before a court judge who will preside over his case, as well as apologise formally to the Johor royal family. However, the Home Minister has been consistent in that Khairul Nizam needs to be prosecuted, as otherwise,  “…anybody can say anything they like and apologise the next minute and get away with it“.

The blogger was charged on 29 Jan 2010 under Section 233 (1) of the Communications and Multimedia Act 1998, which carries a maximum fine of RM50,000 or one year's jail or both upon conviction. It was reported that Deputy Public Prosecutor, Masri Mohd Daud, proposed bail at RM10,000 with one surety. The blogger's counsel pleaded for a lower surety, and the Sessions Court judge, Zamri Bakar, agreed to reduce bail to RM5,000 with one surety.

Royalists are very much for Khairul Nizam's prosecution, with an Anti-Aduka Taruna campaign taking place on the blogosphere and on Facebook. Former Malaysian Prime Minister, Dr Mahathir Mohamad, said bloggers should stick to the facts and write on a basis of truth, rather than insult people. He was reported to have said:

Bloggers should not unnecessarily do things that are not going to benefit anybody. Why use your blog to insult people?

The most recent development on this was the Home Ministry's announcement that it will continue to monitor blogs and websites touching on the people's sensitivities. According to news reports, Home Minister, Hishammuddin Hussein, said they were now “collecting evidence to bring the culprits to book for touching on sensitivities involving race, religion and the institution of Malay rulers.”

* the Malaysian King

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Dr Zambry was quoted to have said:

Their writings clearly have gone beyond decency, respect and loyalty. They have shown their utter contempt against the Malay rulers and Islam… They have committed sedition and probably treason… these writers have no respect for the constitution and the country.

Although he was reported to have said that “the state government would not let the matter lie quietly”, no details as to what cause of action will be taken.

Meanwhile, member of opposition party, Democratic Action Party (DAP),  Loke Siew Fook, who is believed to be one of the purportedly offending bloggers, has denied that he had written racist posts on his blog. As such, he was reported to have lodged a police recently of this. On his blog, he states:

I wish to deny strongly that neither DAPSY [DAP Socialist Youth] nor I have ever issued any statements that insult Islam or the Royalty. Those are lies spread by certain irresponsible parties out to tarnish the image of the DAP and tried to paint DAP as anti-Islam and anti-Malays.

Furthermore, a news report quoted him as saying:

These are lies spread by irresponsible parties who are out to tarnish the image of the DAP. They are trying to portray the DAP as being anti-Islam and anti-Malay.

He has also stated his innocence on popular Malaysian blog, Rocky's Bru. DAP Party veteran, Lim Kit Siang, echoed the same on his blog:

This is clearly part of the latest gameplan of a master strategy by Umno (member of ruling coalition) to tarnish the image of DAP and DAP leaders as anti-Malay and anti-Islam in a larger political conspiracy to break up and destroy Pakatan Rakyat (opposition coalition).

Meanwile, Prime Minister, Najib Razak, has called for an investigation into the “seditious statements” made. Do bloggers have cause for concern or is it just politics?

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According to the Malaysian Insider, the feasibility study is to be completed by December 2009 and “the results will be handed to a shadowy unit monitoring blogs and websites although the decision on implementation will lie with the National Security Council headed by Prime Minister Datuk Seri Najib Razak.”

The move is has critics and opposition politicians crying foul as it breaches the Multimedia Super Corridor (MSC) Bill of Guarantees. Furthermore, IT specialists have also said the move is “a waste of time”, which then makes the use of public funds in this endeavour questionable.

The Information, Communication and Culture Ministry has called for tenders for this proposed Internet filter. Unsurprisingly, this development comes hot on the heels of the previous proposal of getting bloggers registered.

The Centre for Independent Journalism has stated:

This is a clear violation of the commitment made in the promotion of the Multimedia Super Corridor and the Bill of Guarantees that ensures no censorship of the internet. Any form of control or filtering is a violation of freedom of speech, as enshrined in Article 10 of the Federal Constitution.

…

The real beneficiaries of control of information and expression over the Internet or any other forms of the media, is the ruling party in power. Reports by local and international human rights organizations point to the deliberate attempts by the Barisan Nasional government to target online spaces, which host a range of critical views on governance, transparency, accountability and maladministration. In this regard, any moves to institutionalize filtering will be seen as strengthening the executive's powers in controlling content online.

Opposition veteran, Lim Kit Siang, has stated on his blog:

It is most shocking that Rais [Yatim - the Information, Communication and Culture Minister], who is generally regarded as the most level-headed and liberal of the existing Cabinet Ministers, is spearheading a move which will not only bury the government's pledge to the world of “No Censorship” in the MultiMedia Super Corridor (MSC) Bill of Guarantees announced by Tun Dr. Mahathir in his heyday as Prime Minister, but will be seen as a turnaway from an Open Society and retreat to a Closed Society with all the grave long-term political, economic and nation-building implications.

Of this new move, Din Merican states on his blog:

As a blogger this makes me happy - it's a sign, like the Saturday crack down and ensuing barrage of negative press against Anwar Ibrahim, that we're doing our job well and the corrupt people who run this country are incapable of addresing their fabulous unpopularity except by stifiling dissent and preventing the free flow of information.

And it is well known that Internet filters don't work. The minute one goes up, I along with all my fellow bloggers will teach you how to circumvent the filters in case our sites are deemed to be “undesirable.”

But what will foreign investors think? Especially the technology companies we are trying to woo? Microsoft? Dell? Google?

It will be interesting to see if social networking and viral news-sharing technology will be shut out as well in Malaysia's bid to bar freedom of information. Perhaps the call of the Prime Minister's wife, Datin Paduka Seri Rosmah Mansor, a few days before this development that Malaysians should use the Internet wisely will not be necessary if the Internet filter is imposed.

Update: Information Communication and Culture Minister, Rais Yatim, just clarified that the Internet filter is meant to block pornography, and not a means to curtail freedom of expression. He denied that the proposal is to muzzle bloggers, who are subject to the usual laws of the land.

Update: A day after the announcement, Malaysian Prime Minister, Datuk Seri Najib Tun Razak, has stated that the government will not censor the Internet. He was quoted as saying:

Up till now there is no change in the Government's Internet policy… However, we will discuss this matter.

It is unclear who Prime Minister Najib means by “we”.

Update: The idea for an Internet filter might be (temporarily) scrapped. See this report.

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However, authorities apparently have no problems with bloggers who identify themselves.

Respected Malaysian blogger, Ahirudin Attan of Rocky's Bru, was reported to have said that the proposal was effectively the government's bid to control what Malaysians were writing online. He was reported to have said:

This violates the Government's no-censorship policy with regards to the Internet.

Ahirudin said the move would merely encourage bloggers to host their blogs overseas. Blogger and activisit, Marina Mahathir, was reported to have said that the Government really should “get real”, as the move “is just going to make Malaysia look ridiculous in the eyes of the world.”

Meanwhile, the Information, Communications and Culture Minister said the proposal was a good idea, although it required indepth study. He noted that bloggers still had to face the existing laws for defamation and sedition. He was further reported to have said:

… we are studying a new Act, the Multimedia Signature Act, which has been in the pipeline the past three years. This Act is expected to support the Communications and Multimedia Act 1998.

This news comes shortly after recent findings that the country has about 500,000 active bloggers, making Malaysia rank among other high-ranking blogging countries like Indonesia and the European Union.

According to Universiti Malaya media department lecturer, Dr Abu Hassan Hasbullah, blogs were one of the key factors that caused the current administration to lose its usual two-thirds majority in the recent elections.

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The sitting on May 7 will be the first with its new legislative head, Mr Zambry Abdul Kadir, leading the proceedings. It is believed that Mr Zambry intends to remove the current legislative assembly speaker, the opposition's Mr V. Sivakumar, who appears to be an obstacle to the National Front's control over the state assembly.

According to news reports, a media notice was sent out by the state Information Department to several media companies recently, informing them of ‘tightened security measures'. It listed out the thirteen media invitees, which included no new media organizations, no bloggers and no foreign press.

To add salt to the injury, state-owned television stations RTM, BernamaTV and private station TV3, which is linked to a component party in the ruling coalition, are allowed to have an additional representative in attendance.

Opposition Parliamentarian, Mr Lim Kit Siang, notes on his blog:

All online media organisations are barred, including Malaysiakini, Malaysian Insider, The NutGraph, Merdeka Review, Therocknews, etc. All foreign agencies and media, whether Reuters, AFP, Associated Press, Bloomberg, Jiji Press, CNN, BBC and Al-Jazeera are also barred.

And a total ban on all bloggers - the quintessence of the new media!

Uninvited media organizations and representatives are barred from entering the state assembly hall, as well as from loitering in the hallways of the building.

New Minister of Information, Communication, Arts and Culture, Mr Rais Yatim, had dinner with fifty of Malaysia's influential bloggers recently. In addition, Mr Zambry had an exclusive online interview with Malaysiakini, Malaysia's first and highly influential online news portal. The bloggers at Mr Rais' dinner and Malaysiakini were not on the invitation list. Ironically, Mr Rais was reported to have said at the dinner:

One of my friends told me that there were no less than 5,000 serious bloggers in the country voicing out their opinions on various issues.

Some of them have even stopped writing for the mainstream media to concentrate on full-time blogging. Among these bloggers are our own children, undergraduate students and lecturers, who form the most critical members of our society.

The Malaysian Insider reports:

This is not the first time media workers have been required to apply for a security pass in advance. It started during the legislature's first sitting last year under Pakatan Rakyat rule.

But the measures have never been so strict.

Opposition veteran, Mr Lim, continues on his blog:

Let me remind Zambry to stop being a “caveman” Mentri Besar of the Flintstones era and wake up to the age of the Internet and the new media.

The media restrictions of the usurper Zambry administration runs contrary to the public pledge of support for “a vibrant, free and informed media” made by the Prime Minister, Datuk Seri Najib Razak in his first week in office.

Most bloggers have taken offence to the media shut down for this state assembly sitting. Damian Yeo states on his blog:

Why and what is the illegitimate state government of Perak is so afraid of? Banning media representative is never a good option. Why is the MB so afraid? Or was he so embarrassed to be scrutinize by the media?

Amethyst's blog states:

So is this what to expect in Perak in the future? No dissent tolerated?

BN should really rethink their policy. The more they try to shut people up, the more vocal they will be and more votes will be lost.

But then again, maybe old dogs cannot learn new tricks.

Activist, Anil Netto, writes:

The Assembly proceedings on 7 May will be closely followed by Malaysians - given the constitutional crisis in the state and the BN attempt to replace the Speaker, who is from the DAP.  Even the seating arrangements in the Assembly could be disputed.

Today, Perak Speaker A Sivakumar said he would meet with the State Secretary to obtain clarification on the media restrictions.

In line with democratic traditions, people have the right to know what’s happening in the Assembly, he said. He is therefore asking all media, including the foreign and internet media, to cover the proceedings on 7 May.

It is unclear how much headway Mr Sivakumar will have in obtaining invitations for new media, bloggers and foreign press at the 7th May sitting, all things considering.

May 3, 2009 update:  It has been reported that Perak State Assembly Speaker, Mr Sivakumar, issued a statement that all media organisations will be allowed to cover the Perak State Assembly proceeding on May 7 after all. Mr Zambry was reported to have claimed that he was not involved in the decision to restrict the media for the May 7 sitting. However, he was reported to have suggested it was made because of space constraints.

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Besides being critical of the nation's governance, Dr Rais hoped that bloggers could also be positive of the right things being done by the government. Dr Rais called a meeting with popular local bloggers on the night of 21 April 2009. Among the notable absentees was popular Malaysian blogger, Raja Petra Kamaruddin (RPK), who has now gone into hiding. According to reports, the dinner was an extension of friendship, and not a means to cause difficulty to any group that could help develop a thinking society.

Dr Rais Yatim (courtesy of Jeff Ooi's blog)

Dr Rais, who has been in the Cabinet of five Malaysian Prime Ministers, said that that the young generation were becoming less interested in the print media but turning more to the blogs and Facebook through the Internet.

He said blogs required the government to ponder over what is being discussed online, and to respond to the comments intellectually. However, Dr Rais hoped that bloggers would use accurate facts in their postings, and not use their blogs to make baseless accusations and defame others.

“Their reputation will be eroded if they present untruths because as bloggers, their credibility is important,” he said. Rais said that just like journalists who must adhere to journalistic ethics, bloggers must also have their own code of ethics.

Interestingly, earlier in April, Dr Rais was reported to have “warned” bloggers to “stop writing untruths” or the government would have to resort to legal action. Malaysia has twice used detention without trial on bloggers, namely Nathaniel Tan and RPK. The country also has been known to use sedition and criminal defamation laws on bloggers. However, Dr Rais was reported to have stated that legal action would be a “last resort”.

To this, Kay Peng stated on his blog:

… the government should work harder to adapt to the new mindset. Bloggers are not a special group of people. Most of them are wage-earners, law abiding citizens and citizens who used the internet channel to express their frustrations, grouses, views and opinions.

Most of them are probably unimportant enough to get a space on the mainstream media to express their views and opinions. This is the reason why they find the blogs most liberating.

Instead, the government should not fear feedback. It should not be afraid of criticism and negative feedback against its performance. A government needs to take cognisance of good client service. A good CRM model forbids an organisation to issue threat against its clients or potential clients.

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Counsel for RPK, J Chandra, was reported to have told the court that he could not contact his client, and had not been informed as to why the blogger was absent from court. However, he noted that RPK had posted his reason on Malaysia Today on the same morning. According to RPK's post:

I wish to explain why I am not going to be present in court today, 23rd April 2009. Firstly, it involves my recent dispute with the Selangor Palace. This dispute was due to my open letter to the Perak Menteri Besar, Datuk Seri Nizar Jamaluddin, which I wrote on 2nd March 2009 in response to the ongoing Perak Constitutional Crisis. My family said I had acted in a treasonous manner and they wanted me to issue a public apology to the Sultan of Perak.

I refused to comply with my family’s demand and instead wrote two articles condemning the Perak Palace for violating the Federal Constitution of Malaysia and for ignoring the wishes of the rakyat. My opinion is no different from that of NH Chan, the former Court of Appeal judge, which you can read in the addendum below.

The Sultan of Selangor was very angry and that triggered a conflict between our two families. My family told me I had brought shame to the family name and they demanded that I attend a family meeting to discuss the matter. However, I did not attend that family meeting and this aggravated the situation. 

My family then gave me an ultimatum. I was to either make that public apology or else my family would insert an advertisement in the mainstream newspapers practically distancing itself from me, which could be interpreted as disowning me. My response to that was, and in accordance with the normal action to be taken against a member of the kerabat who durhaka, I went into exile outside Selangor.

RPK's lawyer Chandra was reported to have told the judge, “You have to bear in mind that he is a member of royalty and this self-imposed exile is a punishment he has handed out to himself.” Judge Rozina's response was that RPK had not produced a written order over the matter.

RPK, is charged with publishing a seditious article entitled “Let's Send Altantuya Murderers To Hell” on the Malaysia Today website in April 2008. In the same year, he was detained without trial for the same reason. The charge, under Section 4(1)(c) of the Sedition Act 1948, carries a maximum fine of RM5,000 (USD1,390) or three years' jail, or both, upon conviction.

Judge Rozina also issued a show cause notice for RPK's wife, Marina Lee Abdullah, as his bailor, for failing to inform the court about the non-attendance.

Earlier in April, RPK was ordered by Kuala Lumpur High Court Senior Assistant Registrar to pay the treasurer of Malay political party, UMNO, RM1 million, for publishing libellous articles on Malaysia Today. The judgment was brought about because of RPK's non-attendance at court.

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The offences the six (and others) will be facing is in relation to alleged comments and blog postings deemed to be insulting to the Sultan of one of Malaysia's states, Perak, over a political and constitutional crisis there. Netizens have stated their dissatisfaction with the former Lord President of Malaysia because he had made a decision which had caused the Citizen's Alliance Coalition (the Opposition in the Federal Government) to be ousted in the state government by the National Front, the coalition which has been ruling Malaysia for more than fifty years.

While a news source states that the charges against the individuals are in relation to the defacing of the Perak royal website, another has reported that it is not clear for what particular actions the individuals will be charged.

Reports also state that the individuals will be charged under section 233 of the Multimedia and Communications Act 1998 for “unwise use of network or network services for making comments, demands, suggestions or communication which are vulgar, false, threatening or disturbing”. Apparently, this will be the first time that this section has be invoked against anyone.

Update (13th March 2009): The charges against the alleged offenders are under section 233 of the Multimedia and Communications Act 1998 for “unwise use of network or network services for making comments, demands, suggestions or communication which are vulgar, false, threatening or disturbing”. The section has a maximum fine of RM50,000 or a maximum jail term of one year.

Most of those charged claimed trial, except Azrin Mohd Zain, 33, who pleaded guilty at the Sessions Courtof Kuala Lumpur and was fined RM10,000.

The Centre for Independent Journalism and the Writers Alliance For Media Independence have condemned the move, stating:

CIJ and WAMI are deeply concerned that a precedent has been set for online censorship using the same law that is said to protect the free flow of information online. It goes against Malaysia's commitment of no internet censorship legislated in section 3(3) of CMA and in the Multimedia Bill of Guarantees. The violation of the promise is a sign that the government, at the brink of the impending change in prime minister-ship, is getting more authoritarian. 

Amnesty International’s Asia-Pacific Director, Sam Zarifi, states in the organization's press release:

This development is a serious blow to freedom of expression in Malaysia and has set a very dangerous precedent for people wishing to express their views on the internet.

The move against the individuals comes at a time of heightened tension about the role of the monarchy, with some accusing the government of trying to halt discussion on this.

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