
Let’s get straight to the point, the latest case where the Federal Territory Islamic Affairs Department (Jawi) is prosecuting a store manager is both disgusting and without merit. Not only is she just a Manager carrying out here duties–thereby making the bookstore liable instead of her, but the raid on the bookstore was carried out BEFORE the book was banned by the Home Ministry. So here in Malaysia, not only will the Government be able to persecute you in a guilty until proven innocent manner, but apparently government agencies can persecute for possession of a book before it is banned.
However, politics aside, let’s talk technology!!
What if I used Technology to bypass all government censorship. So instead of buying the book from Borders (or MPH, Popular or Kinokuniya for that matter), I simply download the Kindle version of the book online?
I did an online search, and indeed found that Amazon has a Kindle version of the book retailing for $11.99, if you already own a Kindle in Malaysia, then you can bypass all this drama and simply download the book to your Kindle. Of course, there are legal concerns with just downloading regular books from Amazon, much less banned books–so be warned!!
Now I wouldn’t recommend it and there are huge legal questions, but technically–it can done, and it can done easily. I’m start to finish in 5 minutes–it really is that easy.
My point isn’t that the book should or should not be banned, my point is that the ban can be circumvented with ease using technology. So how effective can any ban be, when most Malaysians have access to the internet?
On top of this is a very interesting question, Does a banning a physical book constitute internet censorship–probably not. However, does banning an electronic book constitute internet censorship? Of course you may say the law makes no distinction between and e-book and an actual physical book, but the law makes no distinction between and ebook and webpage either (they’re all considered publications), and if banning a webpage is obviously internet censorship, isn’t banning an ebook internet censorship as well?
The question I believe can be synthesized into Does Banning and ebook constitute censoring the internet? I don’t have the answer, but I believe there are 2 aspects:
The Traditional legal aspect as covered by the Printing and Publications act 1984.
The goverment promise as outline in the MSC Bill of Guarantees to not censor the internet.
If you’re a lawyer, I would love to hear your comments.