View Full Version : What you write here can and may be used against you in a court of law!

13-04-2004, 12:49 PM
I am not wise to these things.


Of late, there has been several postings that borders on libel and misinformation, ………

…….. real background profile and information of those wanting to participate in this forum to prevent an abuse or the website becoming party to libel action!


Please be cautious as "Writing under a nick" does not provide immunity to possible slander or libel.


There are also instances where forum members have made Police reports etc… etc…

I take these as “warnings” to a layman that what is written on this forum “can and may be used as evidence against you” in a court of law.

This may deter Residents of SJ/USJ from airing their genuine point of view, which is what this Community Forum is all about.

So is it possible to prosecute? What if you are unable to locate the "poster"? The website is left holding the "baby"?

I have yet to hear of any such case.

Clarification from some knowledgeable person would be much appreciated.

13-04-2004, 01:53 PM
Hi Robertec:) - If the laws say so, Orchi would have to get plenty of relevant lawyers drafting out Orchi's 'misdemeanour' postings, prior to Orchi clicking all submissions to this webforum.:)

Errr...including this particular one.:D

13-04-2004, 02:12 PM
Good afternoon Rob!

Since I started the issue - please let me clarify in all fairness.

Fundamentally, it would help if the "owners/operators" of the forum have detailed information on the identities of those participating in the various discourse.

Because "PUBLICATION" an important ingredient in libel suits and publication is on this medium - usj.com.my, as such, the owners will bear responsibility, they certainly will be 'parties' to any forthcoming action in the event of slander, defamation or libel action.

I have nothing against 'nicks' I use one myself but the point raised here is not about 'nicks'.

What is happening now is that there is a trend where individuals register under several nicks and post several postings giving an impression of 'groundswell support" on any one issue or simply make irresponsible statements and even personal attacks.... to put it midly.

It becomes damaging when posts or attacks become "personal in nature", statements posted are a misrepresentation or blatant lies or half truths, where they are malicious, injures the credit, fair fame and professional reputation of individuals.

Of course one can follow thru' and say - "Oh I was only been sarcastic.." as one did quite recently, but, damage has been done because it was published in a public media.

As such, instead of building warm relationships, bridges, in a community which is its objective, it harvests serious damage and ill feeling, because certain individuals decide to hijack a situation to perhaps 'settle old scores', by postings "personal feelings and opinion in a public domain" , that results in damage in one's credibility, image and calling in life and where it brings into contempt the entire proceeding.

Articulate on community issues and postings for all one cares, but, may our discussions be civil and fair comment - not, the examples we have seen, of recent weeks.

This is not funny. This is not freedom of speech - if one thinks this is freedom of speech go right ahead, but, be ready to bear/accept the responsibility for one's comments and statements and remember you also put innocent people/providers and individual financers of this forum that has won many a award through sheer sacrifice into legal difficulties as well.

I am sure we have not forgotten the episode of a certain article by a certain 'petrof' in a leading website? And the controversies that followed.

I pray lessons can be learnt from that.

my 2 sens!

13-04-2004, 03:13 PM
This is a very intersting topic. I find that online discussion forums in Malaysia often sufer from "poison pen" notices. I wonder how much of this is a direct result from not having freedom of speech in other media?

Also, I never fill out online forms giving my real name, sex, address etc as I don't want to encourage spammers and weirdoes. I also like to discuss an issue; not get drawn in over what my race, sex, creed or whatever. Being anonymous (may I say "faceless"?) is great!


13-04-2004, 05:00 PM
there are certain netiquette involved...use yr brains and yr heart and post sensibly....community sites are here to assist the community dwellers. It ain't a site to jokejoke and do character assassinations, slender, and what not.

posting behind a nick is jolly well & fine but to persistently mount attacks against another guy/gal behind a nick doesn't make u anything but a coward.

fearless tupai@usj.com ak.a. keith khoo who has gained & learned and will continue to gain and learn from sensible postings.

aso ah...reading stupid postings made me stooopider.

13-04-2004, 05:49 PM
Thanks TG for your explanation.

I just need a little further clarification on the following:

Because "PUBLICATION" an important ingredient in libel suits and publication is on this medium - usj.com.my, as such, the owners will bear responsibility, they certainly will be 'parties' to any forthcoming action in the event of slander, defamation or libel action.


My understanding of “publication” is printed/published materials where you actually have physical evidence.

In this case, can we say that the “publication” is digitally stored, and the perpetrator or Owner/Moderator/Administrator can still edit/erase the posted statements after the fact? Therefore, we must agree that the evidence can be tampered with.

Okay, you make a digital copy or even print it directly and produce it as evidence; will it stand up in court? I am sure that you must be aware of the implications concerning the ability to manipulate digital data.

Correct me if I am wrong but until this day, photographs taken with a digital camera is still not admissible in a court of law; you need to submit such evidence with the original negatives. The reason, I understand is that digital photographs can be manipulated. (I hope I am not giving you guys the wrong information)

15-04-2004, 01:58 AM

Digital evidence is my phd research area.

Email me if u need to discuss anything. Digital photos are admissible in court. It is for the party alleging tampering to adduce evidence to that effect, but the 200-year "best evidence rule" still apply viz. that the best available evidence can and should be produced in court trials. That includes evidence from your Palm Pilot, Sony-Ericsson P-900, Sony Cybershot or whatever. Even the chat trail of Yahoo Messenger can be produced in court. But the process of CSI in cases like this is fairly complex and the law enforcement/prosecution does get a bit jittery in court :D

15-04-2004, 08:30 AM
There are two other perspectives arising from Robertec's first posting on April 13:

( 1 ) Move the Court to determine whether the complainant/plaintiff has abused the law to further his/her personal agenda against the larger good.

( 2 ) Tender to the Court character witnesses to attest the credibility of the complainant/plaintiff and his/her claims.

The law, as I understand as a layman, protects the plaintiff and the accused. The Bench would normally decide in favour of the larger good.

However, there are caveats that disallow the above to take place. That's another chapter all together.