1. Blogging - Are You Currently Subjecting You To Ultimately Legal
Liabilities?
In November 2006, Blogging Asia: A Home windows Live Report launched by Microsoft's MSN and
Home windows Live Online Services Business says 46% or up to 50 % from the online population
possess a blog [Blogging Phenomenon Sweeps Asia offered at PRNewswire.com].
Blogging Asia: A Home windows Live Report was carried out online around the MSN portal across 7
nations in Asia namely Hong Kong, India, Korea, Malaysia, Singapore, Taiwan and Thailand. Oddly
enough, the report discovered that 56% of Malaysians blogged to convey their sights, while 49%
blogged to help keep buddies and family up-to-date.
This short article concentrates on Malaysian law however as the web goes beyond limitations and
areas and so the laws and regulations of numerous nations may apply. In Malaysia, writers face legal
risks that carry civil or criminal liabilities for example (a) copyright (b) trademark (c) defamation and
(d) sedition.
Apart from the above mentioned, a blogger must consider other legal risks for example fraud, breach
of discretion and misrepresentation that won't be addressed in the following paragraphs.
Copyright safeguards the way in which artists or authors express their idea or fact on a bit of work
although not the actual idea or fact itself. Copyright safeguards originality from the work and forbids
unsanctioned copying. Copyright protection is qualified for an additional works make reference to
Section 7 (1) from the Copyright Act, 1987:- (a) literary works, for example written works, books,
source codes in software program and webpages and content in multimedia productions(b) musical
and dramatic works, for example musical score, plays and tv scripts (c) artistic works, for example
sketches, sculptures photos and (d) seem tracks and flicks, for example films (traditional celluloid as
well as other video formats), records, tapes and Compact disks of music, drama or lectures.
Regrettably, a lot of the copyright violation occurring on the web goes undetected. New blogs
sometimes use existing blogs because of its content which is carried out by copying or connecting.
Aside from that, posting copyrighted photographs, designs, product photos or presentation from
another website can also be illegal.
You will find "guidelines" to follow along with when designing or posting contents for example:- (a)
create a person's own original image, graphic, code and words (b) use licensed works inside the
scope of allowed use laid lower through the owner and (c) use free images from the Internet as
lengthy because the the creator from the image are adopted.
Exactly the same "guidelines" apply when posting programming scripts because it is ordinarily a
breach of copyright law to appropriate programming scripts from organizations. In relation to posts on
a person's blog by organizations, the site owner may get an implied licence towards the posts
produced by organizations. When offering podcast i.e. REcorded and dowloadable audio file to
become downloaded from blogs it's best the podcast don't contain any copyrighted music owned by
others thus safeguarding yourself from the copyright violation suits.
If copyright safeguards the way in which ideas or details are expressed, trademark however

2. safeguards words, designs, phrases, amounts, sketches or pictures connected with items and
services.
A trademark owner likes exclusive to use his mark with regards to his items and services refer
Section 35 (1) from the Trademark Act, 1976. Trademark protection grants or loans to the trademark
owner to avoid others by using identical trademark with identical goods or similar goods that's prone
to cause confusion towards the public refer Section 19 (1) and 19 (2) from the Trademark Act, 1976.
So how exactly does a blogger infringe trademark owned by another? To illustrate whenever a
blogger posts links on logos owned by a trademark owner. Whenever a customer clicks the
trademark it'll directly lead the customer towards the blogger's blog rather than pointing the customer
towards the trademark owner's website.
Such connecting could cause confusion or deceptiveness because it boosts serious risk the blog is in
some manner associated with or associated with the trademark owner'sproducts and services.
Generally, the word defamation describes an incorrect statement made someone complain about or
perhaps an organization that's harmful for their status. The individual posting the statement should
have known or must have known the statement was false. As the Internet offers the arena by which
defaming statement can be created or released, there's no specific legislation that are responsible for
defamation on the web in Malaysia.
In Malaysia, the Defamation Act, 1957 is applicable to guides in printed material and broadcasting
through radio or television. Because the law is applicable to released or broadcast materials, hence in
principle it is applicable to materials for example blogs and websites released on the web.
As defamation law is complex there's a necessity to differentiate whether a defamatory statement is
really a libel (written form) or slander (spoken words). Inside a situation of libel, if it's determined the
statement is defamatory then you will find presumptions from the author or even the writer. Within the
situation slander, there's frequently the necessity to proof actual damages or special damages
experienced because of the defamatory statement. Hence, slander law doesn't affect blogs as it
doesn't fall inside the ambit of broadcasting the slanderous words by way of radio or television.
Because of rapid changes to the web and also the convergence of technologies, you will question if
the courts will use the libel law or slander law when blogs converted from text-to-speech format are
sent on the web. However, all of this is dependent on showing defamation and locating the identity
from the blogger which may be a massive task because of the anonymity from the Internet and it is
worldwide scope.
Another legal risk happens when blogs are utilized to disseminate false,incomplete or misleading
specifics of racial disturbances or contents that create hate or contempt for the government or even
the ruler. In Malaysia, various offences are supplied for within the Sedition Act 1948 such because it
is an offence for anybody to print, publish or distribute any seditious publication- see Section 4 from
the Sedition Act, 1948 for other offences. If the provisions in the process affect guides on the web
haven't been judicially determined.
In Singapore the sedition law was used in 2005 in which the Singapore court jailed two customers for
posting seditious remarks on the web- Two jailed for 'sedition' on the internet, South China Morning

3. Publish, Saturday, October 8, 2005. The South China Morning Publish reported the situation is
recognized as a landmark situation underscoring the government's tries to regulate online expression
and crack lower on racial intolerance. The 2 cases symbolized the very first time Singaporeans have
been punished and charged for racist expression under its Sedition Act.
Developing in the situation from the racist writers, on 8 November 2006 the Singapore Government
suggested changes to the Penal Code considering the impact of technology like the Internet and cell
phones- make reference to Singapore Secretary of state for Home Matters, Consultation Paper
around the Suggested Penal Code Changes at page 2. The changes cover offences committed via
electronic medium for example Section 298 (uttering words, etc with deliberate intent to wound the
religious feelings associated with a person) to pay for the wounding of racial feelings too, Section 499
(defamation) and Section 505 (claims conducing to public mischief) to grow and can include
individuals "released in written, electronic or any other media" see Singapore Penal Code
(Amendment) Bill at pages 8 and 20. These changes when passed empower law enforcement and
condition prosecutors to prosecute individuals with problem blogs- Cf.Sections 298, 499 and 505 from
the Malaysian Penal Code (Modified 1997).
You will find explanations why the government bodies take blogging seriously as half of those that
required part within the Blogging Asia: A Home windows Live Report survey think that blog contents
are as reliable as traditional media along with a quarter from the participants believe blogs to become
the fastest way to discover news and current matters.
With your reliance upon blogs, contents that contains false, incomplete or misleading information
published on blogs not just could cause stress, anger, contempt or political scams this may also
cause political and economic instability.
The Web presents challenges to existing laws and regulations which are slow to supply sufficient
protection to some party regarding the utilization and content of blogs. Presently, codes of practice for
Internet customers including writers haven't been suggested included in the Internet regulating regime
presently operating in Malaysia.
Rather, writers have to practise self-regulation and comprehend the legal implications of blogging to
make sure that their blogs are designed in an accountable and authorized manner. To be able to
safeguard themselves, writers may provide relation to use and proper disclaimer to provide some
extent of comfort and defense against organizations posts on their own blogs.
For individuals writers that aren't self-conscious of the legal risks, efforts ought to be designed to
educate and lift awareness to individuals writers. Possibly the social responsibility lies on the web
service companies and website service companies to produce a blogger's code of ethics to teach its
writers to become ethical towards their visitors, the folks they talk about and also the legal
implications of the actions.
First Released at Current Law Journal April Part 2 [2007] 2 CLJ i
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