Special Topic:

Malaysian Cyberlaw
KT44103
Ethics and Law in ICT
Sem 1: 2021/2020
13 November 2021
 Contents
• Computer Crime Act 1997 - Soon
• Copyright (Amendment) Act 1
• Digital Signature Act 1997
• Telemedicine Act 1997
• Communication and Multimedia Act 1998
• Electronic Commerce Act 2006
• Electronic Government Activities Act 2007
• Personal Data Protection Act 2010
• Panel Code
• SCL- Task 2
 Copyright(Amendment) Act
1997
An Act to make better provisions in the law relating to copyright and
for other matters connected therewith.

The Copyright (Amendment) Act 1997, which amended the

Copyright Act 1987, came into force on the 1st of April 1999, to make
unauthorized transmission of copyright works over the Internet an
infringement of copyright. It is also an infringement of copyright to
circumvent any effective technological measures aimed at restricting
access to copyright works. These provisions are aimed at ensuring
adequate protection of intellectual property rights for companies
involved in content creation in the ICT and multimedia environment.
 Copyright: Works Eligible

• Literary works (Computer programs)

• Musical works
• Artistic works
• Films
• Sound recording
• Broadcast
• Derivative works (translation, adaption, arrangements,
transformation, collections, compilations)
 Copyright: Duration

• Literary, Music/Artistic: +50 years after owner

death
• Film, Sound recordings and Performer: 50 years
from publish.
• Broadcasts: 50 from was first made
The Rights of Copyright owners
• Legal Right
• exclusive right under the copyright law.
• Enforce: infringement either by civil & criminal action
• MTDCC / Royal Malaysian Police
• Economic Rights
• Owner for derive financial
• Moral Rights
• Paternity Rights – to claim the originality rights of his/her creation
• Integrity Rights – prevent activity regarding the works that affect the
author’s honor or reputation
 Copyright Infringements

• Reproduce public
• Imports into Malaysia for the purpose of trade/ financial
gains
• Make/ offer sale/rent
• Distributes
• Possesses than personal use
• Exhibits
• Make/has in his possession
 Copyright: Penalty

A fine not less RM10K and not more RM50K OR to

imprisonment not exceeding 5 years OR both
 Digital Signature Act 1997
An Act to make provision for, and to regulate the use of, digital
signatures and to provide for matters connected therewith.

The Digital Signature Act 1997, enforced on the 1st of October 1998,
is an enabling law that allows for the development of, amongst others,
e-commerce by providing an avenue for secure on-line transactions
through the use of digital signatures. The Act provides a framework
for the licensing and regulation of Certification Authorities, and gives
legal recognition to digital signatures. The Controller of Certification
Authority, who has the authority to license and regulate Certification
Authorities, was appointed on the 1st of October 1998.
 Digital Signature Act

• Purpose: Regulating the use digital signature in

Malaysia to ensure the security of legal issues
related to electronic transactions and verifies the
use of digital signature through certificates issued
by licensed Certification Authority (CA)
• Enforcement: (MCMC)
 Digital Signature Act :
Licensing
• Certification Authority License
• Recognition of Repository
• Recognition of Date/Time Stamp Services
• Recognition of Foreign Certification Authorities
 Digital Signature Act: Penalty
(General)
A fine not exceeding two hundred thousand ringgit or
to imprisonment for a term not exceeding four years
or to both, and in the case of a continuing offence
shall in addition be liable to a daily fine not
exceeding two thousand ringgit for each day the
offence continues to be committed.
 Telemedicine Act 1997

An Act to provide for the regulation and control of the

practice of telemedicine; and for matters connected
therewith.

The Telemedicine Act 1997 is intended to provide a

framework to enable licensed medical practitioners to
practice medicine using audio, visual and data
communications. To date, the Telemedicine Act has yet to
be enforced
 Telemedicine Act 1997
(person may practices telemedicine)

• Fully registered medical practitioner holding valid

practicing certificate
• Medical practitioner who registered/licensed
outside Malaysia AND
• Holds a certificate to practice telemedicine issued by the
Council and
• Practices telemedicine from outside Malaysia through a
fully registered medical practitioner holding a valid
practicing certificate
 Telemedicine Act 1997

• Contravention practicing telemedicine (not

qualified) - a fine not exceeding five hundred
thousand ringgit or to imprisonment for a term not
exceeding five years or to both.
• Contravention of any provision of any regulation -
a fine or imprisonment or both but such fine shall
not exceed five thousand ringgit and such
imprisonment shall not exceed one year
 Communications and
Multimedia Act 1998
An Act to provide for and to regulate the converging communications
and multimedia industries, and for incidental matters.
The Communications and Multimedia Act 1998 which came into effect
on the 1st of April 1999, provides a regulatory framework to cater for
the convergence of the telecommunications, broadcasting and
computing industries, with the objective of, among others, making
Malaysia a major global center and hub for communications and
multimedia information and content services. The Malaysian
Communications and Multimedia Commission was appointed on the
1st November 1998 as the sole regulator of the new regulatory regime.
The jurisdiction of this Act is restricted to networked services and
activities only.
 Communication & Multimedia Act:
Basic Principles

• Transparency & Clarity

• More competition and less regulation
• Flexibility
• Bias towards generic rules
• Regulatory forbearance
• Emphasis on process rather than content
• Administrative and sector transparency
• Industry self-regulation
 Communication & Multimedia Act:
Mandated Objectives

• Creating a global hub

• Building a civil society
• Nurturing local content and culture
• Ensuring long-term benefits for end-users
• Nurturing user confidence
• Promoting access and equality
• Creating a robust applications environment
• Facilitating efficient allocation of resources
• Developing industry capabilities
• Promoting secure and safe networking
 Communication & Multimedia Act:
Justification for Content Regulation

• Management of scare resource : (Spectrum)

• Proactive content regulation:
 To promote content themes such provision of children's
programming or encouragement of domestic production
• Protective content regulation:
 To protect audiences or user from inappropriate or
harmful content
 Communication & Multimedia Act:
Provisions

• Sec211: Prohibition of offensive content which is

defined as “content which indecent, obscene, false,
menacing or offensive in character with intent to annoy,
abused, threaten or harass any person”.
• Sec 232: Fraudulent use of network facilities, network
services, etc.
• Sec 263: General duty of licensees to assist in
preventing the commission or attempted commission of
an offence under the laws of Malaysia
 Communication & Multimedia Act:
Penalty

• General : A fine not exceeding RM500K OR

imprisonment not exceeding 5 years OR both
• Others ..
• Networks & Application services : <20K OR < 6 months
OR both
• Offensives content: <50K OR <1 year OR Both
Electronic Commerce Act 2006

An Act to provide for legal recognition of electronic

messages in commercial transactions, the use of the
electronic messages to fulfill legal requirements and
to enable and facilitate commercial transactions
through the use of electronic means and other matters
connected therewith.
 Electronic Commerce Act

• Legal recognition of electronic message : Information &

Contract
• Legal requirements by electronic means: (Writing,
Signature, Seal, Witness, Original, retention of document,
copy, prescribed form, and service and delivery)
• Communication of electronic message : Attribution
(originator), contents, each message to be regarded
separately, time dispatch and receipt, place of dispatch
and receipt, and acknowledgement of receipt.
 Electronic Government
Activities Act 2007
An Act to provide for legal recognition of electronic messages
in dealings between the Government and the public, the use
of electronic messages to fulfill legal requirements and to
enable and facilitate the dealings through the use of electronic
means and other matters connected therewith.

Includes legal recognition of electronic message, fulfillment

of legal requirements by electronic means and communication
of electronic message
 Personal Data Protection Act
2010
An Act to regulate the processing of personal data in
commercial transactions and to provide for matters
connected therewith and incidental thereto.
 Personal Data Protection Act:
Application
• Any person who process: and
• Any person who has control over or authorizes the processing
of:
• Any personal data in respect of commercial transaction

Non – application
• Federal Government and State Government
• Outside Malaysia unless that personal data is intended to be
further processed in Malaysia
 Personal Data Protection Act:
Principle
• General
• Notice and Choice
• Disclosure
• Security
• Retention
• Data Integrity
• Access
 Personal Data Protection Act:
Authority
The Commissioner is at sole discretion to do whatever is
necessary in regards to the performance of his/her job functions
within the PDPA. This includes:
General
• The power to investigate
• Inspect data users’ personal data system
• Access computerized data
• Search and seize data where necessary (with/without a
warrant)
 Personal Data Protection Act:
Data Subject Rights
• The right to access personal data
• The right to request data user to correct/update personal
data
• The right to withdraw consent given for personal data
processing
• The right to object to processing which may cause any
damage/distress
• The right to object to processing done for direct marketing
campaigns
 Personal Data Protection Act:
Penalty
• a fine not exceeding two hundred thousand ringgit or to
imprisonment for a term not exceeding three years or to
both (fail to comply the enforcement notice)
• to a fine not exceeding fifty thousand ringgit or to
imprisonment for a term not exceeding six months or to
both (Search and seize)
• to a fine not exceeding ten thousand ringgit or to
imprisonment for a term not exceeding 2 years or to
both (Obstruction to Search)
 PENAl Code

• The Penal Code (Malay: Kanun Keseksaan) is a

law that codifies most criminal offences and
procedures in Malaysia. Its official long title is "An
Act relating to criminal offences“. (ACT 574)
 Penal Code
• Offences against the state
• Offences relating to terrorism
• Offences relating to armed forced
• Offences against the tranquillity
• Offences by, or relating to public servants
• Offences relating to coin and government stamp
• Offences relating to weight and measure
• Offences relating to the public health, safety, convenience, decency and morals
• Offences relating to religion
• Offences relating to human body
• Offences against property
• Offences relating to document, to currency and bank note
• Offence relating to marriage
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