Wednesday, May 7, 2008

Free speech is costly!

Free speech is costly!

MAY 7 — IN the court of public opinion today, Raja Petra Kamarudin is a hero and a legend.

The first blogger to face the Sedition Act 1948 and the first one who rather cool his heels in jail than stay free to face trial.

In the court of law in October, Raja Petra will just be a defendant prosecuted by the state. And still remain a hero and legend – whatever the outcome.

Raja Petra shouldn't be the hero and legend. But his refusal to pay RM5,000 in bail in lieu of jail time for the charges under the Sedition Act has done that.

It has also enhanced his stature and will attract more to his website and believe it to be the gospel truth. And further spread allegations and innuendoes that have got him the attention of the authorities.

Raja Petra can claim free speech for what he has done and while I defend his right to free speech, he has used his website to make costly allegations and innuendoes that need to be proven or dismissed in a court of law.

But the charge against him under Section 4.1 (c) of the Sedition Act 1948, which pertains to threats against national security, is not the answer. Those maligned by Raja Petra should sue him for defamation and libel rather than let the state prosecute him.

While many who support the sedition charge may not agree with me, we cannot run from the fact that Raja Petra has become popular because of the right to free speech and affinity for his website and its writings left by a void and distrust for other media.

However this right to free speech has to be tempered by the rights of the aggrieved to seek redress. And that is what those aggrieved should do. Free speech is costly for all concerned.

As a democratic country, protecting free speech is a paramount responsibility, but there is also the right to challenge what has been said under free speech and we must let the courts to decide who is right and who is wrong.

That is only fair.

Datuk Nur Jazlan Mohamad is a two-term MP for Pulai who writes an occasional column in The Malaysian Insider.

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