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KUALA LUMPUR (July 10, 2012): Social media account owners will not be held responsible for any material published by a third party on their page or website, for the sole purpose of sharing information.

Deputy Minister in the Prime Minister’s Department Datuk Liew Vui Keong said this is because the “presumption of fact in publication” introduced under Section 114A of the amended Evidence Act 1950 will not apply in such a situation.

“Social media users will, however, be made accountable if found to knowingly republish news or information deemed subversive and aimed at inciting the public to topple a government which has been elected democratically,” Liew said in response to Khoo Soo Seang who had inquired on the impact of the new rules for Facebook and Twitter users.

“Owners or users of social media accounts must have the moral obligation to filter and prevent sharing of such news or information,” he said.

The Evidence (Amendment) (No. 2) Act 2012, through the insertion of Section 114A, states that 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 republished the contents of the publication unless the contrary is proved.

This has raised concerns over a shift in the burden of proof to the accused.

Liew said an accused can deny the presumption of fact by producting “evidence” which proved they are not responsible for publishing the materials.

“If someone hacks into your computer and steals your password to post defamatory statements, that could be an evidence to break the presumption of fact in publication,” he said.

“The prosecutor’s decision depends on strong evidence and an internet user found to be not at fault, will not be charged,” he said.