无聊小站

听闻马来西亚的Monash学生接受到关于Monash Malaysia教学生如何blogging的传闻，所以就到处问了朋友一下，这是一位朋友forward给我的email。

Date: Mon, 01 Oct 2007 17:28:07 +1000
Subject: Blogging

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A message from Pro Vice-Chancellor and President (Malaysia), Prof. Merilyn Liddell
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Dear Students,

It has come to my attention that there have been a number of blogs by
students that are defamatory in nature, causing hurt to the persons
named, and put the students who author the blogs at risk in a number of
ways. I suspect that this has arisen because students are not aware of
the laws of Malaysia relevant to such situations, nor of the University
policies that pertain.

Please note that while free speech is welcome, there are limitations
provided by the law particularly regarding defamation and sedition. It
would appear that some students are not aware of this, and have perhaps
inadvertently contravened the law.

In light of this, the University wishes to provide relevant information
to students regarding the legal and institutional context that applies.

Please find attached a document prepared by the campus solicitor, for
your information, and action as necessary.

Prof. Merilyn Liddell
Pro Vice-Chancellor and President (Malaysia)

NOTICE TO STUDENTS

RE: BLOGGING

It has recently come to the attention of the University that there have
been several blogs written by students on the internet which were
derogatory in nature and made against the University and its lecturers
(“the Blogs”).

As such, we wish to bring to awareness that there are laws in Malaysia
and disciplinary policies at Monash University relating to such matters.
The words used in the Blogs could be construed as defamatory or seditious
words and constitute offences under the said laws and policies, thereby
placing the blogger (“the Offender”) in danger of attracting legal action
and/or disciplinary action against him/her.

Definitions
Words are “defamatory” in nature if the words “tend to lower a person in
the estimation of right-thinking members of society generally” (per the
Defamation Act 1957) or if the words “makes or publishes any imputation
concerning any person, intending to harm, or knowing or having reason to
believe that such imputation will harm the reputation of such person”
(per the Penal Code (Revised 1997)).

Words are considered “seditious” if they have a tendency to bring into
hatred or contempt, excite, raise discontent or disaffection, promote
feelings of ill-will and hostility against another person or party (per
the Sedition Act 1948).

Consequences/Dangers for using defamatory or seditious words in blogs
There are numerous legal and/or disciplinary actions which may be taken
against the Offender:-
(i) a civil action for defamation may be initiated in court by the
University and/or the offended lecturer against the Offender;
(ii) a criminal action for sedition may be commenced in court by the
Authorities against the Offender;
(iii) the University may take disciplinary action against the Offender
for committing a misconduct under the Students Disciplinary Policy;
(iv) the University may take disciplinary action against the Offender
for committing an offence under the Acceptable Use of Information
Technology Facilities By Students Policy.

Advice to Students
In view of the above and in view of the very public nature of the blogs,
the University advises all students as follows:-
(i) to exercise caution when blogging or making any other postings on
the internet so as to avoid writing anything which may be defamatory or
seditious in their blogs or postings;
(ii) to immediately remove any blogs (together with its entire blog
trail) or postings which could be defamatory or seditious in nature;
(iii) to lodge any grievances or complaints through the proper channels
made available at the University, such as through:-
(a) the University’s Counselling Services;
(b) MUSA Education Affairs Committee;
(c) the University’s Student Services Department;
(d) the Course Managers of the respective Schools.

The University also encourages students to at all times maintain and
uphold (and not tarnish nor prejudice) the good name and reputation of
Monash University as being a premier international university as a good
name and reputation serves to benefit not just the University but also
the students.

Please be so advised.

Thank you.

我不知道导致他们寄出这封email的原因。不过其中一个原因大概是Monash Malaysia不想它的丑闻被传出去，也不想学生透过blog诋毁它们的名誉。我在文中highlight了一些段落。

自由blogging也是学生的人权之一，Monash身为一所国际大学，不应该有此举动。我已经在Monash Ombudsman那里做出了投诉，也希望各位学生也做同样的事情，这是关系到你们的权益。

以下是我写的信（不能在网页中submit）：

Details of Grievance
Faculty / department: Monash Malaysia
Key contact person: Prof. Merilyn Liddell
Summarise in one or two sentences what action, decision or conduct forms the basis of your grievance: Recently Students in Monash Malaysia received email which ‘teach’ students how to blog.

Please give details of your grievance:

In the email I received from my friedns back in Malaysia, there’re two paragraphs which caught my attention.

“It has recently come to the attention of the University that there have
been several blogs written by students on the internet which were
derogatory in nature and made against the University and its lecturers
(“the Blogs”).”

“The University also encourages students to at all times maintain and
uphold (and not tarnish nor prejudice) the good name and reputation of
Monash University as being a premier international university as a good
name and reputation serves to benefit not just the University but also
the students.”

I used to studies in Monash Malaysia, I know teh goods and bads of Monash Malaysia.

Blog is something for people to express themselves, and Monash SHOULDN’T having any business with a students’ doings outside the school. Besides, students may just writing out the truth, and Monash should accept it and make improvement, but not hiding it from the publics.

Have you completed the grievance procedure with the faculty or department? No
If you answered no to the previous question, please give reasons for contacting the University Student Ombudsman

Blogging is students’ rights, Monash has no responsibility stopping us, and shouldn’t send an email warning students about it. It’s a failure of Monash education that you educated someone to be that moron to spoil your name for no reason and no proof. Monash as an international institute body shouldn’t have this 3rd world mentality thinking of this will cover up their wrong-doings back in Malaysia.

What outcome are you seeking?

Explaining why this email was sent, an apologize email from Prof. Merilyn Liddell to monash malaysia students and promise that Monash will respect the students’ rights.

如果因为我此文造成Monash将我退学什么的，请各位见证。