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Can links be defamatory?

Caution is almost always the practice when editors are faced with a story that may have legal repercussions. Embedding a click-through to an Internet search results page may just skirt the law.

FINALLY Deputy Prime Minister Datuk Seri Najib Tun Abdul Razak has come out to deny that his wife Datin Seri Rosmah Mansor was involved in the killing of Mongolian translator Altantuya Shaariibuu.

Over the past week news editors – whether in the mainstream or new media – had been grappling with how they were to report on the June 18 statutory declaration by Malaysia Today owner Raja Petra Kamaruddin, given the possible legal repercussions.

In his declaration, Raja Petra says he was reliably informed that three people – including Rosmah – were present at the scene of the murder of Altantuya Shaariibu in October 2006.

It’s only to be expected that in reporting on it the traditional media would avoid naming the individuals mentioned in the declaration, for it could be defamatory and potentially sub judice even.

What’s interesting is that even New Media practitioners adopted a mixed response to this development.

Political analyst Khoo Kay Peng, writing about it in his June 20 blog entry RPK’s Bombshell, names Rosmah as well as provides a link to a copy of the statutory declaration.

When The Star editor-in-chief Datuk Wong Chun Wai wrote about it in his June 22 blog entry RPK, IGP and AG, he provided a link to a story published in The Star’s website that did not name names.

In Jeff Ooi’s original June 23 posting, Hot Potatoes, he too refrained from naming names and also provided a link to The Star’s no-names-named story from the previous day.

“This blog would refrain from the details, as the IGP (Inspector-General of Police) had warned that the matter could be sub judice as the Altantuya murder trial was ongoing,” Jeff wrote.

However, in an update to the posting, just a few hours later, he does mention names.

Rocky’s Bru of June 23 – Emergency motion to discuss a Statutory Declaration? – quoted an extract from a news story published in The Star about DAP leader Lim Kit Siang calling on Parliament to discuss the allegations.

Rocky himself did not name any names, but he described the prominent individuals mentioned in the declaration.

He also provided a link to the declaration as well as a link to another blogger’s posting that does name some names.

So, as you can see, among the prominent socio-political bloggers the stance is somewhat divided. What about the online news sites?

Malaysiakini boldly ran a story on June 20 with a headline that names Rosmah. It also hosted a copy of the statutory declaration.

Malaysian Insider, in contrast, held off from running a story until June 24. But when it did so, it ran three articles, including a commentary.

All three named names. None of the stories has a link to a copy of the declaration, though.

I can certainly understand why there would be some hesitation, even among New Media types, to name the names mentioned in the declaration.

Alleging that someone was at the scene of a heinous crime is certainly defamatory.

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