The general election campaign period in Malaysia has triggered what independent news site MalaysiaKini is calling “China-style censorship.” Over the last two weeks, at least two news sites, Harakah Daily and MalaysiaKini, have suffered from DDoS attacks and connection disruption at the ISP level. MalaysiaKini reports that its Twitter accounts have been hacked and pages on its video site, KiniTV, are being blocked by certain ISPs.

On May 5, Malaysians will vote in a highly contested general election that many say could be the closest in the country’s history. Should opposition candidate Anwar Ibrahim succeed in contesting incumbent Najib Tun Razak, it would bring an end to over fifty years of single-party rule that has been in effect since the country won independence from the England in 1957.

Photo by Two Hundred Percent. Released to the public domain.

Launched in 1999, MalaysiaKini is among the most read news sites in the country and has received awards for its coverage from the International Press Institute, Reporters without Borders and the Committee to Protect Journalists. With tension increasing on the ground over a tight political race and alleged manipulation of electoral results, their work has been key in election monitoring and coverage. This is not MalaysiaKini’s first experience with such problems; the organization also suffered attacks that left the site offline during general elections in 2008.

Harakah Daily has experienced similar problems. In addition DDoS attacks, the news organization’s IT team has discovered that customers from a majority of local ISPs have encountered disruption in connecting to the site. Oiwan Lam, a co-author of this post, is currently in Kuala Lumpur as an election observer and was unable to access Harakah Daily on Saturday, though was able to connect later in the day.

Interference by some (but not all) ISPs

Users of ISPs including TM Broadband, Unifi, Streamyx, Maxis, Celcom and Digi have complained of unusually slow speed when accessing the Harakah Daily portal. But both sites have reported that their pages are readily accessible on YES4G and Time Internet ISPs. A pageview chart created by Malaysiakini also revealed that connections were being ‘dropped’ every now and then when using these ISPs.

Chart created by Malaysiakini.

Executives at both news sites have spoken strongly against the actions of these ISPs. Zulkifli Sulong, Harakah Daily's Editor-in-Chief, said:

If the matter is true, such dirty tactics must be stopped. ISPs should focus on their job to deliver the best service to its customers any desired websites without restriction.

Premesh Chandran, CEO of MalaysiaKini, noted that national law obligates ISPs to keep their networks open.

In line with official government policy and the Communications and Multimedia Act 1998, telecommunications providers such as TM have a duty and obligation to ensure that their systems are not used to censor the Internet.

Various advocacy groups have pointed out that Malaysian law explicitly protects the open Internet.

Both organizations are working to ensure that even if their sites are blocked, users will still be able to access their content via alternative means. Currently, Harakah Daily has posted all current news items on its Facebook Fan page. Malaysiakini has set up several mirror sites to prevent the complete blocking of their site during the Malaysia general election on May 5.

General increase in online controls

As the government faces a possible loss of power, online censorship and surveillance seem to be an increasing trend in the country. In a report on the commercialization of digital spyware issued by Citizen Lab, Malaysia appears among 36 countries where the remote monitoring and surveillance solutions software known as FinFisher has been used. The report includes a sample of FinFisher surveillance malware that appears to have been specifically crafted for use during the election period. Reaching users in the form of an email attachment, and written in Malay, the malicious program is disguised as election-related information.

Citizen Lab writes:

While we cannot make definitive statements about the actors behind the booby-trapped candidate list, the contents of the document suggest that the campaign targets Malay speakers who are interested in Malaysia´s hotly contested 5 May 2013 General Elections. We trust that both domestic and international elections monitoring officials and watchdog groups will investigate to determine whether the integrity of the campaign and electoral process may have been compromised.

US-based campaign organization Access is seeking to put pressure on the government to stop the political interference with the Internet. The group has organized a petition directed at the Malaysian Communications and Multimedia Commission (MCMC) demanding that the government agency restore access to all websites during and following the upcoming elections.

Global Voices Advocacy urges concerned users to share this story widely and to sign the petition to the Malaysian Communications and Multimedia Commission.

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Ahead of Malaysia human right defender and blogger – Charles Hector’s defamation trial on 28-29 June 2011, ARTICLE 19 calls on the Malaysian Court to consider the case in line with international freedom of expression standards.

Given the fundamental importance of the right to freedom of expression, and its recognition in Article 10 of the Malaysian Constitution, ARTICLE 19 urges the Court to ensure that Malaysian defamation law is interpreted, to the extent possible, in a manner that respects Hector’s freedom of expression.

Charles Hector is being sued for defamation at the High Court of Malaya in Shah Alam by the Malaysian subsidiary of Asahi Kosei Japan Co. Ltd, a Japanese electronics company. The defamation case centres around articles Hector posted on his blog in which he raises his concerns about the companies’ treatment of 31 Myanmar migrant workers. His findings were based on research he carried out. The company, which has already obtained an injunction against Hector’s blog posts, is demanding damages of RM10 million (app. US$ 3.2 million).

Although Malaysia neither signed nor ratified the International Covenant on Civil and Political Rights and international standards on defamation are not formally binding on the country, ARTICLE 19 believes the constitutional guarantee of the right to free speech in Malaysia allows wide scope for interpretation.

In particular, ARTICLE 19 calls on the Court to recognise that the burden of proof regarding the falsity of the blog statements should lie with the plaintiff. Furthermore, under international standards, even if a statement of fact on a matter of public concern has been proven to be false, defendants in a defamation law suit should benefit from a defence of ‘ reasonable publication‘ , also known defence of ‘ due diligence’ or ‘ good faith’ . Hence, ARTICLE 19 argues that Hector should not be held liable if it is established that he held a good-faith belief in the truth of his posts.

ARTICLE 19 also believes that given the nature of his blog, Hector should benefit from the privilege of reasonable publication granted in the Defamation Act of Malaysia. Finally, should the Court reject defences and find the statements defamatory, the amount of damages must be assessed in the view of the proportionality.

ARTICLE 19 warns that the award in amount sought by the company could be expected to have a substantial chilling effect on the future exercise of the right to freedom of expression, not only for Hector but for other human rights defenders and media in Malaysia.

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The Malay Mail said on January 27,2011,

Yesterday, Minister in the Prime Minister's Department Datuk Seri Nazri Aziz announced the drawing up of new guidelines, which are to be presented to the public in roadshows nationwide to “make it easier for the public to know what they can and cannot do” online.

Nazri explained the guidelines would provide better understanding of the Sedition Act 1948, Printing Presses and Publications Act (PPPA) 1984 and the MCMC Act 1998.

Malaysian bloggers are not happy about the government's desire to control the online media. The Durian-Dr.Jason Abbott's blog on Southeast Asian issues, describes the situation as an example of the  government's shift towards a more authoritarian style when it comes to controlling dissent online,

In September 2008 prominent blogger Raja Petra Kamaruddin was arrested under the controversial Internal Security Act that allows detention without trial and held for almost two months. In recent weeks the government announced that they were exploring whether to pass amendments to the Printing Presses and Publications Act which requires all publications to apply for an annual permit from the Home Ministry which can be refused, revoked or suspended at the minister’s discretion without judicial review.

In light of recent mass uprisings in Tunisia and Egypt and the role of  online media and social networks in these events, it seems that the Malaysian authorities want to control the horse before it throws off the jockey.

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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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On June 10th, the central propaganda department issued a notice reminding all the media to report positively on Green Dam, Youth Escort, the filter and spyware to be installed in all PCs sold in China.

Meanwhile, netizens continue to dig out all the flaws in the software and the company's background; Information activists and various organizations on the other hand, have compiled a number of documents and reports on Green Dam. (see Rebecca MacKinnon's list in her blog）.

Given the propaganda department's notice, people were surprised to see that the government's mouthpiece people.com.cn's nationalistic “strong country” forum had created a special page (removed) and criticized the Ministry of Information Industry and Technology for taking the decision without consulting the public. Moreover, a poll in the forum showed that more than 80% of the netizens is against the introduction of the compulsory filter on their PCs.

However, the special topic page only stay online for two days, it was removed today (June 15), together with the poll. Below is a cache image of the page and the poll:

Now that serious criticisms are harmonized, the post 80 generation created a cartoon figure, green dam girl, to consumer and counter attack the Green Dam. How? You can take a look at this one:

More from DANWEI and heciatou.

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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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