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Defamation & the Malaysian Blogger PDF Print E-mail
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Wednesday, 03 September 2008 18:18

Local newspapers report a little bump in Muhammad Shafee Abdullah’s defamation proceedings against Raja Petra Kamaruddin (RPK), when the High Court today ordered Shafee to appoint a lawyer. RPK’s lawyer, Manjeet Singh, had pointed out that Shafee may not represent himself in a case in which he has reason to believe that he will be called on as a witness in the hearing.

Yet, this is a tiny delay in the overall defamation highway along Malaysia’s cyber plains. In 2008 alone, three high profile defamation cases have hit the headlines, two of which involve RPK, the other involving Ahmad Lufty Othman of detikdaily.

RPK is no stranger to defamation. In March 2008, RPK was ordered to pay RM4 mill (about US$1.1 mill) for publishing defamatory statements, published two years ago on Malaysia Today, against Universiti Utara Malaysia and also its Vice-Chancellor, Dr Nordin Kardi.

This most recent defamation case concerns a report on RPK’s  news portal, Malaysia Today, which that Shafee was the mastermind behind the sodomy allegations against Anwar Ibrahim. Aside from the sensationalism behind this case, Shafee and RPK’s personalities have clashed, especially when RPK refused to be served the papers while in court.

Lawyer Shafee Abdullah

Malaysian bloggers have rallied behind RPK, especially in light of the Shafee’s obtaining a court order requiring RPK to reveal the identities of those who left comments on the offending post. Shafee says that he intends to take the commenters to court as well.

The last order is apparently a legal milestone, although it has been granted by the courts in England and the USA. Lawyers have been quoted as saying that getting the order was one thing, but executing it was another. Shafee (picwas reported to have said that RPK does not have a website which allows open debate, as he (RPK) moderates the comments. By implication, Shafee seems to be saying that RPK knows the identities of the offending commenters on the articles, ”Shafee Abdullah: Sodomologist Extraordinaire”; “Money, Power and Sex: What Motivates Man”; and “The Real Dalang Behind the Anwar Sodomy Allegation.” Shafee also has an injunction to require RPK to remove these offending articles from Malaysia Today.

An interesting aside, considering that Malaysia Today has now been blocked, is their removal is necessary or required?

Other than defamation, Malaysian netizens have two criminal offences, looking much like defamation, to contend with, namely sedition and criminal defamation (see s. 499 & 500 of the Penal Code, under which Sharifah Aini, popular singer was charged (and discharged). The alleged defamatory statements were made against Siti Nurhaliza, another popular singer, in an email to Sharifah’s brother in 2005).

- Daniel Chandranayagam, Global Voices Advocacy

Comments (14)Add Comment
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written by sjs, September 03, 2008 18:57:31
Raja Petra Kamaruddin, just a point of clarification! Since MT Harapan Malaysia belongs to the people of Malaysia, can the likes of Shafee Abdullah take legal action against every Malaysian citizen! I mean can he take a class action against the entire population!

Reason: we are not dealing with a normal person. He does not know that he needs to engage a defence counsel for his own case. So there is a probability that he may take such an action against the entire population!
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written by arifabdull, September 03, 2008 18:58:59
Buat semua rakyat Malaysia,
Mulai hari ini sehingga menjelang 16 September, sempena Hari Kemerdekaan Malaysia ke-45 marilah beramai-ramai kibarkan bendera Malaysia.

Jika sepanjang sambutan 51 tahun Malaya Merdeka yang lalu anda terlupa mengibarkan bendera, apa salahnya kita mulakan sekarang gerakan kempen kibarkan bendera menjelang Hari Kemerdekaan Malaysia ke-45 ini.

http://arifabdull.wordpress.co...ia-merdeka

Terima kasih
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written by SocratesI, September 03, 2008 18:59:39

This will be a case to WATCH !! No doubt RPK has more than enough ammunition in his war chest, and Shaftee Abdullah is going to look like swiss cheese after RPK has done with him ... full of holes !!

RPK will be totally VINDICATED !!

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written by ahmadneil, September 03, 2008 19:00:49
He will never succeed in his attempt to charge RPK.He will failed.
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written by Umno Slayer, September 03, 2008 19:39:11
Hey Shafee Mamak Tonkkang ****off Dude!
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written by nangkarajah, September 03, 2008 20:31:26
Nice to hear that target date of Sept. 16 to form Pakatan Rakyat CENTRAL Gov't is still on. Even if not by that date NEVER MIND, tak apa lah. Asal niat ada dan betul-betul berusaha dengan ikhas tulus hati untuk mencapai SECAPAT-MUNGKIN apa yang dijanjikan kepada penyokong-penyokong Pakatan Rakyat.
I often hear talk about Sabah and Sarawak BN MPs switching sides. Don't be fooled! I repeat, don't be fooled!. These parliamenterians are in politics not for a cause or a struggle in idealogy or what not. They're in politics for MONEY MONEY MONEY big big big-time. You get it? THEY'RE HAND-PICKED just to assure some party have majority to form government (BERKUASA). These parliamenterians are well and RICHLY-rewarded to a level (wealthwise) no opposition group obviously at this present moment can ever RIVAL. So how in the world can Pakatan Rakyat wrest their support away from BN?
A more sensible probablility will definitely be Pakatan Rakyat wresting support away from BN of one category of parliamentarians-----the Semananjung West Malaysian BN MPs. After March 8, the majority in Parliament enjoyed by BN comes from where? From Sabah and Sarawak, because in Semananjung West Malaysia Pakatan Rakyat and BN MPs are AT PAR in numbers. Hence balance of power have now shift to East Malaysia. Notice or not their demands. Not just speaker and deputy speakers' posts, mind you! SO THE LOGICAL STEP FOR PAKATAN RAKYAT IS TO WOO West Malaysian BN MPs (who now NO MORE decide the fate and destiny of the nation).
After March 8 general election, BN government is already destined to ICU ward. It is being kept alive by life-support-----the ON/OFF switch controlled by billionaire-powerful warlords Musa and Taib and their richly-rewarded and THEREFORE intensely loyal COMMANDOS in Parliament. Need I say more?
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written by merchant222, September 03, 2008 21:47:37
This another Indian from somewhere in India pretending to be a BUMIPUTRA, but actually a PUKIPUTRA!

Well if the real Bumiputras want to carry on believing PUKIPUTRAS from India, Indonesia, Sumatra, Kalimantan or Acheh; so be it and let them go backwards another 50 years, Kah! Kah! Kah!
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written by malsia1206, September 03, 2008 22:27:28
At first glance, I would have thought it was a pix taken from the movie "Planet Of The Apes". Perhaps I need my eyes checked for short or farsighted, or whatever.
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written by temenggong, September 03, 2008 23:02:33
Bump, eh?

Sit around and we'll show you what is a real bump on your head! Fcuker is trying to delay the trial by appearing as a blithering fool.

Now where is my club?
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written by Heaven8402, September 03, 2008 23:58:20
Hi Arifabdull, bukan lupa nak kibarkan bendera tapi TAK INGIN....
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written by Maggie, September 04, 2008 01:45:04
I watched him talking on TV3 after he obtained the injunction. One really wondered why TV3 really gave him so much coverage? Another junior Umno member who got a lot of airtime is Ezam. Thats why I don't believe any political news on TV3.
Anyway, back to Shafee. Some of the words he uttered during that TV3 coverage were also highly charged and words used on RPK may even bordered on defamation. How does one prove another person is a pariah?If he can't prove it, isnt he is lying and can be sued for defamation? Maybe RPK's team can "shoot" back, time to get offensive too instead of defending.
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written by NSTPravda, September 04, 2008 07:11:42
Hey, your recalcitrant and subversive bloggerhe***!
You should support me, but you support RPK instead
Being a previously a keling now converted into piety
Of course, I'd take this chance to earn some bumi money

If I don’t succeed because I am still a son of “Abdullah”
At least I can rub shoulders with those that have the dollars
It is my pleasure to kiss the ass of the high and the mighty
Selling my service to the best of the well heeled cronies

I will sue you and everyone who messes with me
I, the son of “Abdullah”, I, Mohammad Shafee
Is not someone, you can trifle with, so don’t play play
Shut up! Bloggerhe***, or I make your lives not semua-nya OK!
smilies/cry.gif smilies/cry.gif smilies/cry.gif smilies/cry.gif smilies/wink.gif
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written by gundohing, September 04, 2008 07:31:07
Thanks to UMNO... he is not a Mamak pendatang... He is confirmed a genuine grassroot Malay by UMNO standard.
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written by YSL, September 04, 2008 10:05:19
This Sapi Abdullah must be catched and sent back to Zoo Negara before it cause anyone harm!!!
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