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Writing for a blog - Are You Exposing Yourself To Legal Liabilities?

 In November 2006, Blogging Asia: A Windows Live Report delivered by Microsoft's MSN and Windows Live Online Services Business uncovered that 46% or almost 50% of the online populace have a blog [Blogging Phenomenon Sweeps Asia accessible at PRNewswire.com]. 

Publishing content to a blog Asia: A Windows Live Report was directed online on the MSN entry across 7 nations in Asia specifically Hong Kong, India, Korea, Malaysia, Singapore, Taiwan and Thailand. Strangely, the report found that 56% of Malaysians wrote for a blog to communicate their perspectives, while 49% contributed to a blog to keep loved ones refreshed. 

This article centers around Malaysian law anyway as the Internet rises above limits and locales consequently the laws of numerous nations may apply. In Malaysia, bloggers face legitimate dangers that convey common or criminal liabilities, for example, 

(a) copyright; 

(b) brand name; 

(c) maligning;  

(d) dissidence. 


Other than the over, a blogger should consider other legitimate dangers, for example, extortion, penetrate of secrecy and distortion which won't be tended to in this article. 

Copyright ensures the way craftsmen or creators express their thought or truth on a bit of work however not simply the basic thought or actuality. Copyright secures inventiveness of the work and forbids unapproved duplicating. Copyright insurance is qualified for the accompanying works allude to Section 7 (1) of the Copyright Act, 1987:- 


(a) scholarly works, for example, composed works, books, source codes in PC program and pages and substance in sight and sound creations; 

(b) melodic and sensational works, for example, melodic score, plays and TV contents; 

(c) creative works, for example, drawings, figures and photos; and 

(d) sound chronicles and movies, for example, films (customary celluloid and different video designs), records, tapes and CDs of music, show or talks. 


Lamentably, a large part of the copyright encroachment happening on the Internet goes undetected. New online journals now and again utilize existing websites for its substance and this is done through replicating or connecting. Aside from that, posting copyrighted photos, plans, item photographs or item bundling from another site is additionally illicit. 

There are "dependable guidelines" to follow when making or posting substance, for example, (a) make one's own unique picture, realistic, code and words; (b) utilize authorized works inside the extent of allowed utilize set somewhere near the proprietor; and (c) utilize free pictures off the Internet as long as the details of the maker of the picture are followed. 

The equivalent "general guidelines" apply when posting programming contents as it is regularly an infringement of copyright law to suitable programming contents from outsiders. With respect to postings on one's blog by outsiders, the blog proprietor may get an inferred permit to the postings made by outsiders. When offering webcast for example recorded and dowloadable sound document to be downloaded from sites it is best that the digital broadcast don't contain any copyrighted music having a place with others along these lines shielding oneself from any copyright encroachment suits. 

In the event that copyright ensures the manner in which thoughts or realities are communicated, brand name then again secures words, plans, phrases, numbers, drawings or pictures related with items and administrations. 

A brand name proprietor appreciates select option to utilize his imprint comparable to his items and administrations allude Section 35 (1) of the Trademark Act, 1976. Brand name security gives right to the brand name proprietor to keep others from utilizing indistinguishable brand name with indistinguishable merchandise or comparable products that is probably going to create turmoil to the general population allude Section 19 (1) and 19 (2) of the Trademark Act, 1976. 

How does a blogger encroach brand name having a place with another? One model is the point at which a blogger posts joins on logos having a place with a brand name proprietor. At the point when a guest taps on the brand name it will straightforwardly lead the guest to the blogger's blog as opposed to guiding the guest to the brand name proprietor's site. 

Such connecting may create turmoil or trickery as it raises genuine danger that the blog is here and there associated with or identified with the brand name owner'sproducts and administrations. 

By and large, the term criticism alludes to a bogus assertion made about somebody or an association that is harming to their standing. The individual distributing the assertion more likely than not known or ought to have realized that the assertion was bogus. While the Internet gives the field wherein stigmatizing explanation can be made or distributed, there is no particular enactment that manages slander on the Internet in Malaysia. 

In Malaysia, the Defamation Act, 1957 applies to distributions in pieces of literature and broadcasting through radio or TV. Since the law applies to distributed or communicate materials, henceforth on a basic level it applies to materials, for example, online journals and sites distributed on the Internet. 

As maligning law is unpredictable there is a need to recognize whether an abusive assertion is a defamation (composed structure) or criticism (verbally expressed words). For a situation of slander, in the event that it is resolved that the assertion is slanderous, at that point there are assumptions against the creator or the distributer. For the situation criticize, there is regularly the prerequisite to confirmation real harms or unique harms endured because of the disparaging assertion. Henceforth, criticize law doesn't matter to web journals as it doesn't fall inside the ambit of broadcasting the derogatory words by methods for radio or TV. 

Because of fast changes to the Internet and the union of innovations, one will puzzle over whether the courts will apply the criticism law or defamation law when online journals changed over from text to discourse design are sent on the Internet. In any case, this relies upon demonstrating slander and finding the character of the blogger which can be a tremendous errand because of the obscurity of the Internet and its overall extension. 

Another legitimate danger is when web journals are utilized to scatter false,incomplete or misdirecting data with respect to racial unsettling influences or substance that cause scorn or hatred towards the public authority or the ruler. In Malaysia, different offenses are accommodated in the Sedition Act 1948 considering present realities an offense for any individual to print, distribute or convey any dissident distribution see Section 4 of the Sedition Act, 1948 for different offenses. Regardless of whether the arrangements in the Act apply to distributions on the Internet have not been judicially decided. 

In Singapore the rebellion law was applied in 2005 where the Singapore court imprisoned two clients for posting rebellious comments on the Internet-Two imprisoned for 'subversion' on web, South China Morning Post, Saturday, October 8, 2005. The South China Morning Post revealed that the case is viewed as a milestone case underscoring the public authority's endeavors to control online articulation and get serious about racial bigotry. The two cases spoke to the first run through Singaporeans had been arraigned and indicted for bigoted articulation under its Sedition Act. 

Emerging from the instance of the bigoted bloggers, on 8 November 2006 the Singapore Government proposed changes to its Penal Code considering the effect of innovation, for example, the Internet and cell phones-allude to Singapore Ministry of Home Affairs, Consultation Paper on the Proposed Penal Code Amendments at page 2. The corrections cover offenses submitted by means of electronic medium, for example, Section 298 (expressing words, and so forth with purposeful goal to wound the strict sensations of any individual) to cover the injuring of racial emotions also, Section 499 (maligning) and Section 505 (explanations conducing to public naughtiness) to grow and incorporate those "distributed in composed, electronic or other media" see Singapore Penal Code (Amendment) Bill at pages 8 and 20. These alterations when passed engage the police and state investigators to indict those with culpable online journals Cf.Sections 298, 499 and 505 of the Malaysian Penal Code (Revised 1997). 

There are reasons why the specialists are paying attention to publishing content to a blog as half individuals that partook in the Blogging Asia: A Windows Live Report overview accept that blog substance are as dependable as customary media and a fourth of the respondents accept websites to be the snappiest method to find out about news and current issues. 

With such dependence on online journals, substance containing bogus, deficient or deceiving data posted on websites not exclusively may cause alarm, outrage, hatred or political embarrassments; it might likewise cause political and financial shakiness. 

The Internet presents difficulties to existing laws that are delayed to furnish sufficient insurance to a gathering as for the utilization and substance of online journals. At present, codes of training for Internet clients including bloggers have not been proposed as a component of the Internet administrative system as of now working in Malaysia. 

All things considered, bloggers need to rehearse self-guideline and comprehend the legitimate ramifications of contributing to a blog to guarantee that their sites are written in a dependable and legal way. To ensure themselves, bloggers may give terms of utilization and appropriate disclaimer to offer some level of solace and security from outsiders postings on their sites. 


For those bloggers who are not mindful of the lawful dangers, endeavors ought to be made to teach and bring issues to light to those bloggers. Maybe the social duty lies on the Internet specialist co-ops and site specialist co-ops to make a blogger's code of morals to instruct its bloggers to be moral towards their perusers, the individuals they expound on and the lawful implications of their activities. 


First Published at Current Law Journal April Part 2 [2007] 2 CLJ I

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