MALAYSIAN CYBER LAW AND

ELECTRONIC GOVERNMENT LAW

By : Muhammad Raimi Bin Kamal

5 Science(2011)
940811-13-5153
 Definition of Cyber Law
• Cyberlaw is a term that encapsulates the legal
issues related to use of communicative,
transactional, and distributive aspects of
networked information devices and
technologies....
 Content of Malaysian Cyber Law
• Digital Signature Act 1997
• Copyright Act 1997
• Telemedicine Act 1997
• Computer Crimes Act 1997
• Communication and Multimedia Act 1998
DIGITAL SIGNATURE ACT 1997
• Why the Act exist:
- Transactions conducted via internet increasing.
- Identities and messages can be falsified
- Need purchaser and seller identity for the integrity of
messages.
- Removing doubt and possibility of fraud

• What the Act is about?

- Provides for regulation of public key
infrastructure.Make digital signature legally valid and
enforceable as traditional signature.
 COPYRIGHT ACT 1997
• Why the Act exists:
- To protect expressions of thoughts and ideas from
unauthorized copying / alteration.
- Creative expression is being captured.

• What the Amended Act is about?

- Accord clear protection to multimedia works.
- Transmissions of copyright works over the Internet
clearly amount to infringement.
- Technological methods of ensuring works and authorship
info which are not altered or removed is protected.
 TELEMEDICINE ACT 1997
• Why the Act exists:
- Healthcare systems and providers around the world are
becoming interconnected.
- Unclear quality healthcare advice and consultation from
specialist because doesn’t have truth value
- To regulate practice of teleconsultations in medical
profession.

• What the Act is about?

- Provides that any registered doctor may practice
“telemedicine” but other healthcare providers must first
obtain a license to do so.
 COMPUTER CRIMES ACT
1997
• Why the Act exists:
- As computing becomes more central to people’s life and
work, computers become both targets and tools of crime
such phishing,computer theft and fraud.
- To ensure misuse of computers is an offense.

• What the Act is about?

- To penalize the person who enter or attempt into
computers and computer system without authorization.
- To penalize a person who damage the information in
computers or computer systems by planting viruses.
COMMUNICATION AND
MULTIMEDIA ACT 1998
POLICY OBJECTIVE OF CMA
• To establishing Malaysia as a major global hub for C&M
information and content services.
• To promote consumer confidence in service delivery.
• To promote development of capabilities and skills
pertaining to industry.
• To create a robust applications environment for the end
user.
 WHY THE ELECTRONIC
GOVERNMENT EXIST
• Government is working on individual departmental
projects rather than creating a general framework to take
it forward
• There is strong belief in electronic government
• To control bloggers and prevent from spreading
"disharmony, chaos, seditious material and lies" on
websites
• Registering bloggers help prevent controversy in the
government and help promote harmony in the country
 WHAT THE ELECTRONIC
GOVERNMENT IS ALL ABOUT?
• Government is working on individual departmental
projects rather than creating a general framework to take
it forward
• There is strong belief in electronic government
• To control bloggers and prevent from spreading
"disharmony, chaos, seditious material and lies" on
websites
• Registering bloggers help prevent controversy in the
government and help promote harmony in the country
ELECTRONIC GOVERNMENT
DATABASES
• FirstSearch
Collection of fifteen databases including WorldCat, Medline, WilsonSelectPlus that
provide both citations and full-text. WorldCat is the largest international
database featuring more than 54 million items from the 50,000 plus OCLC
member libraries.

• American Government
Curriculum based reference database for government that includes daily UPI stories,
annotated bibliographies, interactive topic exploration, and political commentary
from Robert Novak and Bill Press.

• Facts on File
Collection of databases on history, geography, science, and health. Includes career
and curriculum resources as well as personal and business forms.

• Edgar Database
Database of searchable SEC filings such as annual and quarterly reports. Search by
company name, SIC code, etc. Obtain mutual fund prospectuses, as well as
archived information.
 INFORMATION TECHNOLOGY
ACT 2000
 Relate to electronic form which filing, issue, grant or payment effected
 Relate to manner and format which electronic records be filed, issued and
method of payment of fee
 Relate to security procedure for purpose of creating secure electronic
record and secure digital signature
 Relate to other standards observed by Controller of Certifying Authorities
 Relate to fee to be paid to Certifying Authority for issue of a Digital
Signature Certificate
 Relate procedure for investigation of misbehavior or incapacity of Presiding
Officer
 Relate to any other power of a civil court required to be prescribed
 Relate to any other matter which is required to be, or may be, prescribed.
 Relate to maintenance of database containing disclosure record of
Certifying Authority
 Relate to conditions and restrictions subject which Controller may recognize
any foreign
 THE INDUCE ACT
• Supported by Senate Judiciary Committee Chairman Orrin Hatch, R-
Utah

• Make manufacturers of such software liable for inducing people to

commit copyright infringement

• Consumer complained that the bill's language is too broad and could
apply liability to legitimate technology

• Represent sides to propose own compromise in congressional session

and are given tight deadline, according to condition of anonymity

• Necessary after a federal appeals court; manufacturer of file-sharing

software of liability committed by customers was cleared
 CONCLUSION
• Future Cyber Laws must recognizes the people development component-
crucial for a K-Economy.
• The existing Cyber Laws created the necessary impact… but constant review
is necessary.
• # Technology innovations
# Business innovations
# “Criminal” innovations
# Globalization
• An exclusive legislative process may shorten review cycle.

• Malaysian Government envisions to reinvent governance activities through e-

Government projects and applications.
• Several test-beds are already in place to provide ICT which enabled solutions
such as e-judiciary, e-passport tele-healthcare and etc. 
• Such e-applications inevitably come with legal impediments that would slow
down the reinvention process unless they are properly addressed and solved.
 REFERENCES
• Teacher’s handouts
The Malaysian Cyber Laws
• Internet
*www.fountaindale.lib.il.us/information/databases/governmentDB.ht
m
*www.silicon.com/management/government/0,39024852,11002786,
00.htm
*http://www.asianlaws.org/consultancy/setting_up.htm
*http://www.digitaljournal.com/article/66510/Malaysian_Gov_t_Look
ing_to_Quiet_Bloggers
*http://www.asianlaws.org/cyberlaw/newsletter/issues/cl_nl_49.htm
*www.jagat.com.my/Cyberlawseries/consultancy.htm