In November 2006, Blogging Asia: A Home windows Reside Report introduced by Microsoft’s MSN and Home windows Live Online Products and services Small business exposed that 46% or approximately 50 % of the on-line populace have a web site [Blogging Phenomenon Sweeps Asia available at PRNewswire.com].
Running a blog Asia: A Home windows Dwell Report was executed on the internet on the MSN portal across 7 nations around the world in Asia particularly Hong Kong, India, Korea, Malaysia, Singapore, Taiwan and Thailand. Curiously, the report observed that 56% of Malaysians blogged to specific their sights, even though 49% blogged to hold mates and relatives updated.
This article focuses on Malaysian regulation nevertheless as the Internet transcends boundaries and jurisdictions consequently the rules of quite a few international locations may implement. In Malaysia, bloggers facial area lawful risks that carry civil or legal liabilities such as
(a) copyright
(b) trademark
(c) defamation and
(d) sedition.
Other than the earlier mentioned, a blogger have to take into account other authorized risks these kinds of as fraud, breach of confidentiality and misrepresentation which will not be resolved in this article.
Copyright protects the way artists or authors convey their notion or actuality on a piece of perform but not the fundamental idea or simple fact itself. Copyright guards originality of the operate and prohibits unauthorised copying. Copyright security is suitable for the following works refer to Portion 7 (1) of the Copyright Act, 1987:-
(a) literary works, these types of as written functions, novels, supply codes in personal computer system and world-wide-web internet pages and articles in multimedia productions
(b) musical and remarkable functions, this sort of as musical rating, plays and tv scripts
(c) artistic performs, these types of as drawings, sculptures and photos and
(d) sound recordings and films, these types of as movies (traditional celluloid and many video formats), records, tapes and CDs of new music, drama or lectures.
Sadly, a great deal of the copyright infringement occurring on the Online goes undetected. New blogs at occasions use current blogs for its written content and this is accomplished as a result of copying or linking. Aside from that, posting copyrighted photos, types, products shots or item packaging from one more internet site is also unlawful.
There are “policies of thumb” to observe when developing or putting up contents this sort of as:- (a) produce one’s personal unique impression, graphic, code and phrases (b) use licensed works in just the scope of permitted use laid down by the operator and (c) use no cost images off the Web as prolonged as the conditions of the creator of the image are followed.
The similar “regulations of thumb” implement when putting up programming scripts as it is typically a violation of copyright regulation to ideal programming scripts from third events. With regards to postings on one’s weblog by 3rd get-togethers, the website proprietor could get an implied licence to the postings produced by third events. When presenting podcast i.e. recorded and dowloadable audio file to be downloaded from blogs it is ideal that the podcast do not include any copyrighted new music belonging to many others consequently protecting oneself from any copyright infringement suits.
If copyright shields the way concepts or facts are expressed, trademark on the other hand safeguards terms, types, phrases, quantities, drawings or photographs related with items and providers.
A trademark proprietor enjoys unique correct to use his mark in relation to his merchandise and expert services refer Area 35 (1) of the Trademark Act, 1976. Trademark safety grants ideal to the trademark owner to stop many others from making use of similar trademark with identical products or identical products that is very likely to induce confusion to the community refer Section 19 (1) and 19 (2) of the Trademark Act, 1976.
How does a blogger infringe trademark belonging to a different? 1 case in point is when a blogger posts one-way links on logos belonging to a trademark owner. When a visitor clicks on the trademark it will immediately lead the visitor to the blogger’s blog site rather of directing the customer to the trademark owner’s web site.
These types of linking could cause confusion or deception as it raises significant risk that the blog site is in some way connected with or connected to the trademark owner’sproducts and companies.
Generally, the term defamation refers to a wrong statement designed about an individual or an group that is harmful to their popularity. The person publishing the statement should have recognised or really should have acknowledged that the statement was wrong. Although the Online gives the arena in which defaming assertion can be made or posted, there is no particular laws that offers with defamation on the Net in Malaysia.
In Malaysia, the Defamation Act, 1957 applies to publications in printed components and broadcasting as a result of radio or tv. Considering the fact that the legislation applies to revealed or broadcast elements, consequently in principle it applies to elements these as weblogs and web-sites printed on the Web.
As defamation law is complicated there is a want to distinguish whether a defamatory assertion is a libel (prepared form) or slander (spoken terms). In a situation of libel, if it is decided that the statement is defamatory then there are presumptions from the writer or the publisher. In the situation slander, there is typically the need to evidence actual damages or exclusive damages suffered thanks to the defamatory assertion. Consequently, slander regulation does not utilize to weblogs as it does not fall inside of the ambit of broadcasting the slanderous phrases by indicates of radio or tv.
Because of to quick variations to the Web and the convergence of technologies, a single will marvel irrespective of whether the courts will implement the libel regulation or slander legislation when blogs transformed from text to speech structure are transmitted on the World-wide-web. However, all this relies upon on proving defamation and discovering the identification of the blogger which can be an huge endeavor thanks to the anonymity of the Online and its around the globe scope.
An additional legal chance is when blogs are employed to disseminate bogus,incomplete or deceptive info with regards to racial disturbances or contents that trigger hatred or contempt toward the government or the ruler. In Malaysia, several offences are presented for in the Sedition Act 1948 this kind of as it is an offence for any man or woman to print, publish or distribute any seditious publication- see Section 4 of the Sedition Act, 1948 for other offences. No matter whether the provisions in the Act implement to publications on the Internet have not been judicially identified.
In Singapore the sedition regulation was utilized in 2005 wherever the Singapore court jailed two people for publishing seditious remarks on the Online- Two jailed for ‘sedition’ on world wide web, South China Morning Article, Saturday, Oct 8, 2005. The South China Morning Submit described that the circumstance is deemed a landmark situation underscoring the government’s tries to control on line expression and crack down on racial intolerance. The two scenarios represented the initial time Singaporeans experienced been prosecuted and convicted for racist expression below its Sedition Act.
Arising from the situation of the racist bloggers, on 8 November 2006 the Singapore Government proposed variations to its Penal Code having into account the impression of technological innovation these types of as the Web and mobile phones- refer to Singapore Ministry of Dwelling Affairs, Consultation Paper on the Proposed Penal Code Amendments at webpage 2. The amendments protect offences committed via digital medium this kind of as Section 298 (uttering words and phrases, and so on with deliberate intent to wound the religious thoughts of any human being) to protect the wounding of racial feelings as well, Area 499 (defamation) and Section 505 (statements conducing to public mischief) to expand and contain those people “released in penned, electronic or other media” see Singapore Penal Code (Amendment) Bill at webpages 8 and 20. These amendments when passed empower the law enforcement and condition prosecutors to prosecute those with offending blogs- Cf.Sections 298, 499 and 505 of the Malaysian Penal Code (Revised 1997).
There are motives why the authorities are using running a blog seriously as 50 % of the folks that took aspect in the Blogging Asia: A Home windows Dwell Report survey believe that that weblog contents are as reliable as standard media and a quarter of the respondents believe blogs to be the quickest way to find out about news and current affairs.
With these reliance on blogs, contents that contains bogus, incomplete or deceptive info posted on blogs not only may perhaps result in worry, anger, contempt or political scandals it may also bring about political and economic instability.
The World wide web offers challenges to existing legal guidelines that are sluggish to give enough security to a party with respect to the use and articles of blogs. Currently, codes of follow for Online people including bloggers have not been proposed as part of the Net regulatory regime presently operating in Malaysia.
In its place, bloggers want to practise self-regulation and have an understanding of the legal implications of blogging to assure that their blogs are created in a responsible and lawful way. In buy to shield themselves, bloggers may perhaps provide terms of use and good disclaimer to provide some diploma of comfort and ease and safety from third parties postings on their weblogs.
For all those bloggers who are not self-aware of the legal hazards, initiatives really should be made to teach and increase awareness to all those bloggers. Most likely the social obligation lies on the Web service suppliers and web site services suppliers to generate a blogger’s code of ethics to teach its bloggers to be ethical toward their readers, the men and women they publish about and the lawful ramifications of their actions.
To start with Printed at Current Regulation Journal April Portion 2 [2007] 2 CLJ i
