Monday, November 19, 2007

Jeff Ooi implicated for defamation & Sedition

I was in the plane and having the NST, I found this article...it's damn bewildering; I just can't believe it. Here's what it says:

3 police reports were lodged against blogger Jeff Ooi for alleging defaming the country, government and police force. The reports were lodged by the Malaysian Islamic Consumer Association, Malaysian Indian Muslim Congress and Pertubuhan Seni Silat Ikatan Kalam Malaysia against a statement issued by Ooi to Al Jazeera reporter.

The complainant want Jeff Ooi to be investigated alleging that the interview given to Al Jazeera not only tarnished the image of the country but also seditious and caused racial tension. Jeff was alleged to have given inaccurate information to Al Jazeera in stating that the police used unnecessary force in dispersing the demonstrators.

First and foremost, "Defamation" comes under the Law of Tort, a civil action between the wrongdoer and the victim, and the aim is to compensate the victim for the harm done. Defamation is a civil action, not a criminal action, and thus no police report is needed. You just get a lawyer and file a suit against the party who commits libel or slander. Since it was alleged that Jeff Ooi spoke, then it's slander. The "victim" must prove that the defendant had committed the relevant act or omission, and that "Damage" had been caused as a result, and in this case, it is also necessary to prove the state of mind have the necessary "Intention", "Negligence" or "Malice."

Definition of Defamation:
Defamation is the publication of a statement which tends to lower a person in the estimation of right-thinking members of society generally, or which tends to make them shun or avoid that person.

With the above definition, I am puzzled as to why the 3-groups are alleging defamation. Furthermore, the 3-group is suing on behalf of the government, police, and the country; that's frivolous! In defamation, local authorities and government cannot sue for libel or slander, unless in their personal capacity (see: Derbyshire County Council v Times Newspaper (1992)). The Court of Appeal states that, "to allow such actions to be brought by democratically elected bodies, or any government body, would be against public interest in free debate about the actions of elected authorities. Political parties are also unable to sue for libel because of the public interest in free speech concerning those who put themselves forward for public office.

So, the only probability to make that police report is to get the A-G to act against Jeff for sedition.

Section 4 of the Sedition Act specifies that anyone who "does or attempts to do, or makes any preparation to do, or conspires with any person to do" an act with seditious tendency, such as uttering seditious words, or printing, publishing or importing seditious literature, is guilty of sedition.

The act defines sedition itself as anything which "when applied or used in respect of any act, speech, words, publication or other thing qualifies the act, speech, words, publication or other thing as having a seditious tendency".

Under section 3(1), those acts defined as having a seditious tendency are acts with a tendency:

“ (a) to bring into hatred or contempt or to excite disaffection against any Ruler or against any Government;

(b) to excite the subjects of the Ruler or the inhabitants of any territory governed by any government to attempt to procure in the territory of the Ruler or governed by the Government, the alteration, otherwise than by lawful means, of any matter as by law established;

(c) to bring into hatred or contempt or to excite disaffection against the administration of justice in Malaysia or in any State;

(d) to raise discontent or disaffection amongst the subjects of the Yang di-Pertuan Agong or of the Ruler of any State or amongst the inhabitants of Malaysia or of any State;

(e) to promote feelings of ill-will and hostility between different races or classes of the population of Malaysia; or

(f) to question any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of part III of the Federal constitution or Article 152, 153 or 181 of the Federal Constitution.

Exceptions:
Section 3(2) provides certain exceptions, providing examples of speech which cannot be deemed seditious. It is not seditious to "show that any Ruler has been misled or mistaken in any of his measures", nor is it seditious "to point out errors or defects in the Government or Constitution as by law established". It is also not seditious "to attempt to procure by lawful means the alteration of any matter in the territory of such Government as by law established" or "to point out, with a view to their removal, any matters producing or having a tendency to produce feelings of ill-will and enmity between different races or classes of the population of the Federation". However, the act explicitly states that any matter covered by subsection (1)(f), namely those matters pertaining to the Malaysian social contract, cannot have these exceptions applied to it.

How is it possible that the statement made to Al Jazeera can be seditious if the same words were also expressed by so many, including the reporters at the scene of the demonstration? The funny thing is that, why did it take the 3-group, namely, Malaysian Islamic Consumer Association, Malaysian Indian Muslim Congress and Pertubuhan Seni Silat Ikatan Kalam Malaysia to lodge this police report? In fact, the police and the A-G, without these 3, can take up an action if they are convinced that what was said was in fact seditious. Did this 3 had something in mind?

17 comments:

Anonymous said...

I guess the name of those 3 body reveal a lots of info.

Anonymous said...

This is bolehland ma! anything may happens.

Anonymous said...

"Did this 3 had something in mind?"
++++++++++++++++++++++++++++++
Good question..maverick,

I am reminded of this joke:



George W. Bush went to see the doctor to get the results of his brain scan. The doctor said: "Mr. President, I have some bad news for you. First, we have discovered that your brain has two sides: the left side and the right side."

Bush interrupted, "Well, that's normal, isn't it? I thought everybody had two sides to their brain?"

The doctor replied, "That's true, Mr. President. But your brain is very unusual because on the left side there isn't anything right, while on the right side there isn't anything left.


I think this 3 have been fed so much crap..that nothing is left in their mind.

Anonymous said...

These groups -Malaysian Islamic Consumer Association, Malaysian Indian Muslim Congress and Pertubuhan Seni Silat Ikatan Kalam Malaysia- who made the frivolous and mischievous police report are pretending to be really patriotic, but perhaps the correct term to describe them would be 'idiotic'
Obviously UMNOites, they must be after 'gold stars' from the party leaders and of course a 'golden handshake' too.
Psychological Warfare, disinformation and misinformation are becoming an everyday phenomena these days.
"Malaysia Truly Pathetic"

Anonymous said...

nazri would says : 3 only & some more indian muslims? well they are the monority, their protest NOT important.

~~~arTong

Anonymous said...

Suddenly, 3 damn big big big groups (sarcasm intended) are somehow enlightened to make police report. Empty brains function alike or remote-controlled by some clowns again?

Anonymous said...

indian muslims are no longer in the minority because indian muslims = umno mamak!

Jefus said...

should be thrown in jail for trying to cause mischieve

Anonymous said...

after the guy with 2m got trashed the last time around...

latest umno political weapons sending out mamaks & rent seekers to do the dirty jobs.

and smart moves by those 4 flr boys... muah... ha... ha!

Helen said...

Well, I bet Mr Ooi should be flattered he has the superpower to stir the pot and cause racial tension. ;-(

Mave, you think those ppl who the law meh? They're merely the most sophisticated Irobot in the world. (non-upgradable though)

Helen said...

Sorry, I meant to type 'know the law'... :-P

Unknown said...

same goes with today news in Star.
Someone had lodged a police report on RPK for his article on "what eyes don't see" (i think that's the title, sort of)...
claiming that his article disrupt the peace and tranquility of this country...
this guy sure is dreaming everyday

Purple~MushRooM said...

Jeff Ooi? Tarnished the image of the country?

I think the ZAM interview did more damaged to our country's image ler..

Unknown said...

It was a relieve reading your post. These mamak wallahs don't even know what to report about. I feel Jeff Ooi will get out of this unscathed.

constant drama said...

This do not make sense. I am hurting my brain thinking this thru.

Anonymous said...

"What are their legal Standi? "
the judge on the water concessionaire case asked?

Hope this one is in the same court?
But, will the judge asked
or take is the trick!

When what were told are incorrect
Then what are correct?

Images in most case are innuendo
Plaintiff need particulars to plead if to do so!
Plaintiff will have hard time to plead with innuendo!

Not knowing the Law make jokes
Not knowing the law get strokes!

A MALAYSIAN NEED A STRONG HEART TO WALK,
OR LAUGHING TO HEAVEN
OR SCARING TO HELL!
OR GOOD EXERCISE TO HEALTH
WHEN HEART AND BLOOD PRESSURE WELL!

"Good Luck, Good Health, God Bless You!"

Anonymous said...

JEFF FOR MALAYSIA, DENY "MALAY CM ONLY" BULLSHIT! DARE YOU?
DAP DISAPPOINTED CHINESE TRUST. SHOW US YOUR PROMISE FROM DAY ONE!

The BN is really stupid and they deserve the punishment. Everybody are happy with the result for a moment, but WAIT a minute. Not quite right when the show is over. The gloomy day is yet to come, and it came RIGHT AFTER the election ends!!!

Jeff Ooi being lucky so as other opposition candidates thanks to BN foolishness. There is joke even college kid, blind person or bagger carrying DAP, Gerakan or any NEW PARTY LOGO will win this election! The question is if Jeff and others blindly forte for the wrong people with wrong motive? The Chinese being used by Anwar to take Chinese power from MCA and Gerakan and empower Anwar's hidden agenda by scarifying Chinese minimum voice in BN, deny it if you wish, it's happening. IMMEDIATELY, the BIAS HAPPENS BEFORE OUR EYES! Hello DAP, welcome to the real work. Politician is politician, whoever ups there, is the same!

Now see what DAP gets after the hard work to kill Penang future and Chinese future. Firstly, Penangist you think BN will continue supply money and help? Day dream if you wish, see Kelantan yourself. DAP, are you brave enough to shout "CHINESE CAN BE CM" for Kedah and Perak, RIGHT NOW, not later, not other crap? Not the deputy, not sweet talk not toy chair, the CM itself. For your information, and right before your eyes, both Kedah and Perak given away to PAS to rule as Islamic State! Why not DAP or Keadilan? Reason, Jeff if you are NOT YET BLIND or TURN SLICK POLITICIAN, read my lips "CHINESE CANNOT BE CM". DEMOCRACY ANYONE? ..................................... Holly shit, this is worst than Malaysian thought! DAP dogs betray Malaysian hope for "FAIRNESS AND DEMOCRACY"? Dream if you wish. More damage is yet to come, Selangor given to Keadilan Malay CM, a big-shot from X-BN, changing hands from one ugly dirty politician to another! There goes the fat cat, here comes another one. Lim Kit Siang CM for Selangor, dare you shout DEMOCRACY from this day?

How disappointing the NEW HOPE Malaysia had handed over from one racist and religious ally to another? If DAP is the future, let it be NOW, deny the last century "MALAY CM ONLY" bullshit for Kedah, Perak and Selangor starting today! You sacrificed the last Chinese dog in BN, so be it, we trusted in you, and yet you can't gain a CM control on any of the 3 new States people put hope on you. Shame on you!

Jeff Ooi despite all the crap you shouted people could forgive you as you lack of political topic to start with, but dare you shout bravely on this betrayal decision right from DAY ONE - TODAY? Demolish the "MALAY CM ONLY" crap, dare you? What Lim Kit Siang? What Lim Kuan Ying? Being yourself Jeff, look back at what DAP did to the other aggressive members? All killed, expelled and buried by Lim Kit Siang father and son. Look at Lim Kit Siang's dirty tactics, you are just another young dog barking on behalf of him, if you won, he gains the trophy, if you are dead or locked up in jail, he kept quite and morn for you, what else you expect? A batch? Replace himself or his son? Now your job is DONE, your faith and days are numbered. Why wait? If Jeff is for the people, shout from DAY ONE to deny "MALAY CM ONLY" bullshit! The people, Malay, Chinese and Indian are with you!

The young are spoiled by thin lies riding on BN's stupidness, when the dust settled, pity Chinese has no dogs in BN to beg for mercy, and here comes more wild dogs outside BN to make it worst. Make it worst still, the more the wild dogs bark, the less you get. Perak, Kedah, Selangor is an example. The history will re-write what happened today and the following 5 years. This is the beginning of Anwar Ibrahim dictatorship by stepping on DAP Chinese grave yard, and spreading of extreme religious cult by PAS foolish Islamic State mindset. Read the news, PAS already declared KEDAH ISLAMIC STATE! New heaven for terrorist camp, new hell for Kedah and Perak people. May Allah carries all of you away.

Under MCA which kept on saying , "Again, we managed to "fight" for another X millions for X Chinese schools?­" What the crap? What do they mean by "fight"? Don't you think it should be their jobs? Why "fight"? Should be their duty! Do the Malays need to fight for their mosques and schools? Under DAP, do they have the duty to "DENY AND CORRECT" "MALAY CM ONLY" crap from the beginning? MCA and DAP, what's the difference? If not from DAY ONE, when? DAP, don't disappoint MALAYSIAN which put our faith on you, DO YOUR JOB!

Wake up DAP and Keadilan, DENY THE "MALAY CM ONLY" right from the start, dare you not? You betray foolish Chinese hope especially innocent youngsters who did not think further believing in your lies and advantages taken ridding on stupid BN. If they believe in you, why disappoint them? Dare you not, stand up and DENY THE "MALAY CM ONLY" curse? Show your supporters your promise from DAY ONE, which is TODAY! This will be the first and last time MALAYSIAN ever trust you and time you show your power, or never.

A suicide note by disappointed Apek Jelutong who waited 50 years, with more disappointment.