Guilty until Proven Innocent?

"The proof lies upon him who affirms, not upon him who denies; since, by the nature of things, he who denies a fact cannot produce any proof." - Common law

For the past week, I saw copies of the following poster multiply by the dozen in the elevators as well as the stairwell of one of my uni's building:

I wondered what the whole fuss was about and whether what the poster says is true, so I Googled it and found the following pdf file, The Evidence (Amendment) (No. 2) Bill 2012 from our Parliament's official website. I extract a part of it (the bolds & underlines are my addition):

“Presumption of fact in publication

114A. (1) A person whose name, photograph or pseudonym appears on any publication depicting himself as the owner, host, administrator, editor or sub-editor, or who in any manner facilitates to publish or re-publish the publication is presumed to have published or re-published the contents of the publication unless the contrary is proved.

For starters: presumption of fact? Oh please. Go check your dictionary. If you presume something, you assume it to be true, without fact. A fact is something that is true and indisputable; a reality. How can you presume a fact?

Besides that, not all online posts with your "name, photograph or pseudonym" come from you. Black-hat hackers might launch cyber attacks using your identity. In Twitter, you retweet other people's posts which obviously are not written by you - so is that considered as "re-publish"? In Facebook, you comment or click the buttons "like" or "share" and then the posts created by others appear in your friends' feed - so are you the one who "facilitates" the publishing or re-publishing of the publication? Friends "frape" each other on Facebook. So how to be certain?

(2) A person who is registered with a network service provider as a subscriber of a network service on which any publication originates from is presumed to be the person who published or re-published the publication unless the contrary is proved.

Family members or company workers share the same network services. People publish things using their favourite restaurant's WiFi. Question is, how do you ascertain that the person who uses a particular network service is the one you're after?

(3) Any person who has in his custody or control any computer on which any publication originates from is presumed to have published or re-published the content of the publication unless the contrary is proved.

What if you lend your laptop to your friend, who writes something defamatory using your account? What if your co-worker steal your phone from you and promptly puts this online: "I hate my boss! He's [include expletives here]"?

(4) For the purpose of this section—

(a) “network service” and “network service provider” have the meaning assigned to them in section 6 of the Communications and Multimedia Act 1998 [Act 588]; and

(b) “publication” means a statement or a representation, whether in written, printed, pictorial, film, graphical, acoustic or other form displayed on the screen of a computer.”.

Evidence (Amendment) (No. 2) Act 2012 was passed in May and came into effect in June. Whoever accused is guilty until proven innocent. The accused has to come up with evidences to disprove the aforementioned presumptions/assumptions.

What I think about this amendment?

First, it seems to me that the ministers who drafted this bill have overlooked the complexity of social media. Perhaps they did not take into account the "retweet" and "share" functions.

Second, it seems, too, that the bill was drafted to prevent baseless and/or defaming accusations against the government. It doesn't serve or protect the common people's interests. It doesn't even honour the "innocent until proven guilty" principle. Why the burden of proof, normally borne by the prosecutor/the accuser, now lies with the defendant/the accused? Guilty until proven innocent ... what if the people lack the resources (e.g. money to hire lawyers) to prove themselves innocent?

Third, the government now restricts Internet anonymity, which is part of freedom of speech. In my opinion, this amendment is an indirect way of censoring the Internet. I understand that "freedom of speech" doesn't mean "complete freedom to express oneself", but the government seems to fear open discourses on the Internet. Also, if we can't express ourselves online for fear of prosecution under this act, where is our freedom? Where is our democracy heading to?

The good news is, although the bill has been passed, the act is yet to be gazetted (Free Malaysia Today, 2012; Hornbill Unleashed, 2012). As provided for by our Constitution (read it here):

A Bill shall become law on being assented to by the Yang di-Pertuan Agong or as provided in Clause (4A), but no law shall come into force until it has been published, without prejudice, however, to the power of Parliament to postpone the operation of any law or to make laws with retrospective effect.

The bad news is, yesterday the lower house of our Parliament has adjourned indefinitely. So, this case rests for a while (and might be forgotten in time, like other preceding controversies).

Guilty until proven innocent? I say NAY!

2012, Q2: Books & Movies

I had five assignments for my short semester and they demand much of my time, attention and effort. Most of the books and movies below were "consumed" during April and May 2012. 

Books:
The Paris Vendetta: Based in Paris, Steve Berry tells of how wars and disasters could be exploited for economic profit, as detailed in a plan by one of his characters in the book. Although this is a prequel of The Jefferson Key, arguably it is better written. I love how Berry uses other less familiar locations in Paris than the overrated landmarks and captures the surrounding atmosphere.

A Dance with Dragons: The fifth in the series of A Song of Ice and Fire, this volume picks up the pace and the author delivers more violence and plottings. The author hardly uses any difficult or bombastic words - it's the sheer length that's appalling (over 1000 pages). Every chapter takes about 30 minutes for me to read. Some parts of the story are interesting than others. Others parts serve only as "fillers". 

Movies:
Sherlock Holmes: A Game of Shadows: Dramatic and lively scenes. Some of the scenes carry slow motion effects, to better illustrate Holmes' train of thought. It can be a little vexing sometimes. Apart from that, the one-liners are witty at best but annoying at worst. Scenes and one-liners aside, I like the fact that every prop that appears onscreen is made full use of, rather than just for display.

W.E.: Those initials stand for Wallis Simpson and Edward VIII (the latter put aside kingship in favour of marrying freely with the former), to put your curiosity at rest before reading any further. Co-written and directed by Madonna (the singer, yes), this movie narrates the iconic love story between the aforementioned two, through Wallis' point of view. Juxtapositions between the past and the present (year 1998) are used.

The Vow: A love story, the same old mixture: boy and girl meet, fall in love, marry. Car accident happens, couple both unharmed (not dead, that is) but girl got some of her memories wiped clean (retrograde amnesia, it seems). Colourful settings and props; dialogues and monologues touch the heart (thanks to the author - this movie is adapted from a book). To me, it's not a bad movie, because the actions undertaken by the characters are quite logical and realistic. It's not a good movie, because it has no climax (not following the usual structure). The ending is OK, neither happy nor sad.

This Means War: Two secret intelligence agents who are best buddies battle it out to win the heart of a girl both of them fall for. It's funny watching them use all those gadgets for this "mission" (they are quite unethical sometimes). What save the movie from being a total junk are those rare, serious, heartwarming moments. I like the fact that this movie talks about family love in addition to romantic love.

Soul Surfer: This movie was screened by our lecturer during a tutorial. I didn't stay to watch the movie until the end, because I had to go for my follow-up of "The Problem" at noontime. I think I finished two-thirds of the movie. I must say I'm impressed with it. As my lecturer pointed out, this movie doesn't follow the usual Hollywood formula because the leading character is a female. Basically the movie is about an adolescent girl, who loves surfing, loses one of her arms due to a shark-attack. She's so strong, I tell you. Quickly accepting her loss (and even consoled her loved ones), she strives to regain her normal life by doing chores herself and yes, by trying to go back surfing. You'll root for her as I did when you see how she fights to the very end, through much tears and sweat. Very motivating.

睡到饱饱 · 四年了

#1
话说前晚临睡时，我不断催眠自己——
反复地提醒自己“睡醒后，精神饱满！”
没料到这一招管用，只不过……太灵了。

凌晨一点，我在毫无征兆之下醒过来。
就这样眼睛大大、圆碌碌地看天花板。
很死鬼精神的咯，好像睡足了那样。

想了想一些人生大道理之后，
我又溜进梦乡。

第二次醒来，正是闹钟响的时候。
我还是精神奕奕的，心中充满希望。
 
我只是在脑海里提醒自己，
身体却那么地乖乖配合，
不可思议！
 
【与失眠的朋友共勉之。】


#2
再过几分钟，就届满四年了。

六月，我好多个转折点都是在六月。
最痛的莫过于四年前的那个。
细节我不说了，毕竟已无关紧要。

从那个转折点起，一路走来并不容易。
如果给我选，我当然不想要这样的经历。

可是，我学到了很多，也变了很多呀。
我依然感谢它来到我的生活中。
因为它，我碰触到自己极限。
因为它，让我变得坚强。

痛到极痛——
因为它，往后的痛苦我都受得住。
因为它， 我才写得出好文章。

四周年了。
“琥珀色的月，結成了霜的泪……
我会记得这段岁月。”

对影子说的话

Pic source: facebook.com

"This is Not An Inquisition"

When you strike at a king, you must kill him. - Ralph Waldo Emerson 

#1
This morning we assessed our personality types. We did an inventory and were then separated into five large groups. It felt like a Sorting in Harry Potter world, without the hat and stool, of course. After that we were further split into mini-groups and were given mahjong papers to draw our dream university.

Fifteen minutes later we submitted our drawings and presented group-by-group. Our lecturer then explained to us each personality type and listed the strengths, weaknesses, typical habits as well as behaviours of each personality. He further pointed out our traits by examining our drawings.

My group mates and I scored pretty high on openness. What that means is we like to be different and explore new things. We love to come up with fresh ways of doing things, but we care more about aesthetics than function. Convention stifles us, or rather, our creativity. Responsibility and teamwork is not our cup of tea. Having said all that, hey, here's the catch: this "openness" is merely our method of thinking. Therefore we need to look to our second-highest score to know our personality. Further, we can develop other personality traits over time, so it's a fluid thing, you see.

What our lecturer told us was quite illuminating. I myself was struck by the accuracy of this personality test, which was developed by a local professor.When I saw my friends in different groups, I couldn't help but inwardly whisper "oh" and "now I know why we behave in this way and that".

#2
For our Mass Comm. tutorial today, we watched a movie called "Soul Surfer". The name was very familiar, but I haven't watched it before.

Sitting in the dark with my mates and watching a drama film was a first for me. Some of my friends even provided extra sound-effects, if you get what I mean - the oohs, the ahhs and other small shrieks. My mind, however, was thinking about something entirely different. I kept glancing at the time display, preparing to leave ten minutes before noon whether or not the movie reached the end.

I actually like the movie, but before the climax I left the classroom. Totally unlike me, I know. There was a matter more pressing than watching movies, though. 

#3
Let's just call the matter "The Problem".

The Problem has existed for quite some time, but most of us students merely complained or groaned about it. I took a step further by drawing up some suggestions to solve or at least lessen the impact of The Problem, then I fired off those suggestions to the head of my department.

Lo and behold, certain improvements can already be seen. I was happy for it, and I vowed never to tell any of my mates about it (just being humble, there). About the same time, the head of my department kindly asked me to attend a meeting and discuss about the matter I outlined in the e-mail I sent him.

Around noon today, I presented myself at the office belonging to the head. Also present was a small band of lecturers and administrative staff who have looked into the matter. I was positively awed.

The head facilitated the meeting and didn't speak much. A representative from the admin staff introduced herself and gave her job description. One of the lecturers did most of the talking, while the other looked as though she wanted to be anywhere but there. 

Me? I sat with my bag in my lap and my hands clasped loosely, trying to appear comfortable. I listened to what the lecturer had to say. Some of my suggestions were legitimate and valid, she observed, and I appear to have the potential (to do what she did not specify). The head of department was happy when he received my e-mail. The lecturers and the admin staff would like to have more communications of this sort from the students, since we are all in the same boat. However, I should refer to the correct person when I have any concerns to raise or doubts. There is already a system of communication in place that I can always use. The lecturer was not trying to be intimidating and they were not trying to give me any trauma, but it would be better if we solve problems of this sort in a mature and efficient way.

I could see at once what the lecturer was driving at. In summary it's something along the lines of "while we appreciate your effort, we would prefer you to go through proper channels of communication to increase efficiency". Anyhow I listened attentively, smiling and nodding my assent. I would be seeing the lecturers again, so I took care to suspend any judgment and keep myself under control.

I acknowledge the fact that I was rather impulsive when I wrote that e-mail (in deference to the lecturer's comment on maturity). I simply drew up the suggestions and contacted the first person I could think of (the head of department). Obviously in my haste to get the message through I overlooked the system, but now I see that I should adhere to this system.

In the end they praised me adequately and thanked me profusely. They would inform the student body (What?! Student Council knew nothing of this?) The head told me to enjoy my weekend, to which I replied "you too". Awkwardly I left the room. I was sure that they had things to talk about me. All I ever could think of was fleeing. Away from them, away from everything associated with them. I know my contribution was helpful. I know I should be proud, but why does it feel so bittersweet?

#4
Fleeing the scene was easy, but altering my perspective and feelings wasn't. I popped on the earbuds and played some Korean songs, just to provide some background music for my thoughts. I honestly don't quite know how to describe or label what was going through inside me. I did a good thing, but it felt as though I committed a serious crime.

As planned, before I went home I visited a stationery shop to print my research literature and lecture notes. There was a problem with printing an article - a few pages came out blank from the machine. After trying a few times, I gave up for good and paid the expense.

My mind was still on the meeting and my heart was filled with strange feelings. I bought and drank a can of Coca-Cola. At least, Coca-Cola is a constant that I can hold on to in this impermanent flux of happenings.

Of Mall & Monster

 

Visited Paradigm Mall with my family this afternoon. I saw this long row of wooden panels of varying lengths lining the curved walls. Striking resemblance to an organ, or some massive musical instrument. I like it very much.

Guess what? Chatime's directly outside Popular Bookstore! I finally had my first ever drink from Chatime. It was OK to me. I still don't understand why it's so famous. I would try out other bubble tea franchises if I had the whim, to make some comparison.

Source: tumblr.com

Korean band Big Bang released their special edition album earlier today. Its title song "Monster" became an instant hit, topping several charts! To me, the song's quite addictive, especially the chorus part. Definitely going into my playlist for June!