Media Features Overload

Well, two more media features to be mentioned here. Following from CIJ’s forum “Section 114A Evidence Act: Crime-busting or Online Control?” organised by Centre for Independent Journalism (CIJ), Selangor Times reported the following:-

Writer: Basil Foo
Published: Fri, 15 Jun 2012

KUALA LUMPUR: Internet users whose accounts are hacked into will be presumed guilty for unlawful online posts by the actual perpetrators under recent amendments to the Evidence Act, something that is being criticised as absurd.

The Evidence (Amendment) (No 2) Act 2012 will reportedly hold Internet users liable for any content posted through their registered networks or data processing devices.

“For example, if someone parks outside your house and uses your Wifi to post (illegal content online),” said KL Bar Council IT committee co-chairman Foong Cheng Leong.


Participants are all ears at the forum.

He was speaking during the “Section 114A Evidence Act: Crime-busting or Online Control?” forum at the KL-Selangor Chinese Assembly Hall recently.

Foong said laws presuming guilt have always been around, including for individuals who were deemed to be traffickers if they were arrested with a certain amount of drugs.

“The Dangerous Drugs Act (discourages) people from carrying drugs. Will this Act (discourage) people from using the Internet?” he asked.

Center for Independent Journalism (CIJ) director Jac SM Kee said the Act was illogical as victims who sought help after their accounts had been hacked or report the crime to police may find themselves behind bars.

Even if someone else posts an offensive comment on a person’s Facebook wall, the latter could be found guilty.

“Business will be affected. If they provide Wifi (and offensive items are posted through their connection), they are responsible,” said BFM Media Sdn Bhd producer Jeff Sandhu.

He said if restaurants in the city are required by law to provide free Wifi and their Internet connections are open to abuse by irresponsible users, business owners will find themselves caught between a rock and a hard place.

Digital News Asia executive editor A Asohan said the Act put average Internet users at the mercy of tech-savvy users who could abuse the former’s unsecure Internet connections.

He said an analyst from investment firm Mackenzie traced 4.1 per cent of the nation’s Gross Domestic Product (GDP) coming from online activities.

“You want to create a high income nation, this is going to put damper on it. You can’t have an Internet community when people fear to go on the Internet,” he added.

Subsequently, BFM Radio interviewed me to speak about the Evidence Act amendments:-

Lawyer Foong Cheng Leong breaks down the Evidence Act to us, and explains how such regulations affect the ordinary Internet user in the country.

BFM Radio Interview: Privacy Laws in Malaysia

Privacy laws is one of my specialized areas. It’s a relatively new area in Malaysia. It was not until recently the Federal Court held that the Malaysian Constitution recognises our right to privacy and that invasion of privacy rights is actionable in Malaysia. Few years ago, invasion of privacy rights is not actionable in Malaysia.

It is highly developed in the United Kingdom. So developed that there are law firms well known for their privacy law practice. For example, Schillings, a law firm in London, is well known to have develop privacy laws in the United Kingdom and they have well known celebrity clients such as Naomi Campbell, JK Rowling, Ryan Giggs, Tiger Woods, Keira Knightley and Cristiano Ronaldo. I hope we could develop something like this in Malaysia.

Anyway, thanks to LoyarBurok and Edmund Bon, I was invited to speak at BFM Radio on privacy laws in Malaysia. How this opportunity came about was also through two (2) articles I wrote for LoyarBurok regarding the right to privacy in Malaysia. One of the articles was later republished by the Malaysia Insider. Amazing how articles can help a lawyer’s legal practice.

Without further ado, you can listen to the podcast below.

Gosh, it’s so weird to hear myself on radio! It’s a pity we don’t have much time. There are so many other things we could cover! Hope there will be a 2nd series soon!

Interview on BFM – 2.3.2011

My firm hooked me up with BFM radio station when BFM was looking for a lawyer to speak about social media.

If you’re wondering who and what is BFM. It’s a radio station with a focus on business. They interview people from various industries daily and even have programs on how to improve your business. I listen to it everyday.

Barely 5 hours of sleep I marched to BFM’s office for my interview and arrived there at 645am.


It was still dark when I got there.

There was only 5 people in the entire office at that time and they were already on air! I didn’t know that you can run a radio program with 5 people.

Khoo Hsu Chuang was my interviewer. He is one of my favourite BFM DJs. I love it whenever he shoots interviewees when they evade or doesn’t answer his questions. But I got a little bit worried when I found out that he was my interviewer. Heh

Chuang and I had a short discussion on the topics to be discussed. I was warned not to swear otherwise they would have to use the “dumb” button to censor me. Hehe. It was difficult for me not to swear!!

You can listen to my interview below. Here’s a synopsis of the interview.

… discusses the legal aspects of social media, focusing in particular on online defamation, admissibility of online data in courts, cybersquatting, domain disputes, and whether there should there be regulation of the Internet and social media, whether directly or indirectly.

He also discusses the fine line between fair Internet policing and control over the Internet, proposed Amendments to the PPPA and the perceived threats to online publications and bloggers.

He also talks about the Malaysian Personal Data Protection Act 2010 (not in force yet) and explains its implications for the ordinary layman.

It was the first time I had to speak live on national radio. Some of the topics can be quite sensitive especially when it comes to Government plans. I have to tip toe the line. I rather be seen as apolitical.


After the interview was done, I took some pictures with Chuang and producer Chun (on the right).

It was definitely a good experience. I initially thought not many people listened to it as it was so early in the morning. However, I was surprise that some of my friends were listening to the radio. Some even tweeted questions to me!

Coincidentally, on the next day, I was invited as a guest at the NTV7 Breakfast Show. Will blog about it later!