Amizudin
Ahmat’s three months jail serve as a lesson and sent a strong direct message especially
to bloggers and Netizen as well as reporters that they should be morally and
legally responsible for what they write as they do not have the right to libel
the person they write about.
It’s
reported that Blogger Amizudin Ahmat failed in his attempt to set aside a
three-month jail sentence for contempt. The Court of
Appeal, in a unanimous decision, upheld the jail sentence after dismissing his
appeal.
Judge Datuk
Zaharah Ibrahim, who led the three member-panels, said they were unable to find
any error by the lower court in finding Amizudin liable for contempt.
"The
order in compelling him to three months is not excessive," she said,
before dismissing the appeal with no order as to cost.
Amizudin,
known as "sharpshooter" in the blogsphere, was found guilty by the
Kuala Lumpur High Court in August last year of contempt of court over 11
contemptuous articles against the then Information, Communications and Culture
Minister Datuk Seri Dr Rais Yatim in his blog.
The court
had prohibited him from publishing articles against Rais in his blog, an
order which the court found he had breached.
On Nov 21,
2011, Rais was granted leave to commence committal proceedings against Amizudin
for breaching the court's order by continuing to publish defamatory articles in
his blog.
Rais, 71,
sued Amizudin, 44, and a PKR Youth Committee member, on
Jan 31, 2011, for defamation over an article posted on the latter’s blog-site,
sharpshooter-blogger.blogspot.com, on Dec 28, 2010, implying that Rais had
allegedly raped his maid.
He won his
defamation suit at the High Court on July 19, 2011, and was awarded RM300,000
in damages and RM100,000 in costs.
The Court of
Appeal later upheld the High Court’s decision saying that the award was not
high in view of Dr Rais high social standing. However,
it reduced the costs from RM100,000 to RM50,000.
Earlier
during submissions counsel R. Sivarasa, who is representing Amizudin, said the
main "complaint" here was his client had put a hyperlink in his blog,
which was linked to his original defamatory posting. Sivarasa
argued that the hyperlink does not tantamount to a republication of the
defamatory content.
"If a
hyperlink implies republishing, then it will open the floodgates of many such
cases which will threaten the internet world," he said.
"The
custodial sentence is also excessive as the appellant has learnt his lesson and
this can be seen in his actions in removing the articles from his blog."
Rais'
counsel Datuk Seri Muhammad Shafee Abdullah, however, said Azimudin should be
held responsible as it is his website.
"The
court had ordered him to remove is, but in providing the link, it is a
republication of it."
He said the
blogger had not just posted the link, but had also invited his readers to read
the piece from the link. The court,
however, allowed Sivarasa's application to grant Azimudin a stay on the jail
term, on condition he filed the leave to appeal at the Federal Court within two
weeks.
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