28 July 2007

Jurisdiksi II

3 Para di bawah adalah dipetik dari artikel berjudul "A comedy of errors" dari dalam segmen "THE CORRIDORS OF POWER" oleh Raja Petra Kamarudin di web/blog Malaysia Today.

Ketika ini, masih terngiang-ngiang suara salah seorang penceramah seminar "cyber-terrorism" di Hotel Nikko, Kuala Lumpur sekitar lebih kurang 5 tahun sudah. Sekali lagi masalah jurisdiksi (jurisdiksilah bukan juriprudence!) di sebut. Dan aku tertanya-tanya, adakah para bloggers terjamin kebebasannya.

"Okay, now I will make that statement. Malaysia Today’s domain name is registered in the UK," I told the police. When you click on the domain name
malaysia-today.net you are sent to the server of the registered IP address in that domain name. Our server is in Singapore. But what you see is only the front page. Then you choose which item on the front page you want to read and you are sent to the blog. The blog sits in the US. When you post a comment it goes straight to the blog. For all intents and purposes, Malaysia Today is a foreign website and not a Malaysian website. We therefore do not come under Malaysian laws."

"Let me put it another way," I told the police. "Sodomy is a crime in Malaysia and you can get sent to jail for nine years for the crime of sodomy even if you are a Deputy Prime Minister. In England, men can marry men and you will even receive a congratulatory message from the British Prime Minister. So, sodomy is not a crime in the UK and you do not go to jail."

"In short," I summed up. "Your Sedition Act is valid only in Malaysia and not outside Malaysia. So you cannot impose Malaysia's Sedition Act on Malaysia Today which resides outside Malaysia. I can actually tell you to go to hell and that I will not waste eight hours answering all your questions. But I do not want you to think I am sombong so I was prepared to spend eight hours with you answering all your questions as I know you have a job to do and it is not your fault."

1 comment:

Anonymous said...

what do u think khairy jamaluddin gelar blogger as monyet?