Offensive Content on The Internet: The Malaysian Legal Approach

المجلة: International Journal of Innovation, Creativity and Change

سنة النشر: 2019

تاريخ النشر: 2019-01-01

Recently, there has been a lot of offensive contents available on the internet. Therefore, new legal challenges have arisen, and many legislators have updated the existing laws to criminalise offensive content on the internet. In Malaysia, s. 211 and 233 of the Communications and Multimedia Act 1998 regulates offensive content on the internet. However, these two provisions have been criticized as they can be used to silence the critics and comments on political issues, as well as a breach of freedom of expression. This paper aims to discuss the offensive content on the internet, under s. 211 and s. 233 of the CMA 1998, by analysing legal texts and cases and legal opinion. To sum up, no comprehensive definition for offensive content exists, and it is submitted that s. 211, and 233 CMA is very broad to describe the offensive content on the internet, but it's subject to the court’s assessment whether the content falls under the types of offensive content on the internet in s. 211 and s. 233 of CMA. After All, there is no breach to freedom of expression under s 211 and 233 of CMA, because freedom of expression is not absolute and must be limited within the law, and nobody can insult others under the guise of freedom of expression. Finally, s. 211 and 233 CMA protects people’s rights and the broad interpretation will help to stop any offensive content on the Internet in the future as it will be in the end evaluated by the court whether the content is offensive or not.

Criminal attempt in the Malaysian computer crimes act 1997 (Act 563)

المجلة: International Journal of Law, Government and Communication

سنة النشر: 2019

تاريخ النشر: 2019-06-01

Abstract: A criminal attempt is an offence in traditional laws as it may cause either damage or the danger of damage. Nonetheless, uncertainty arises with regards to cybercrimes arguably due to the lack of critical attention paid to attempt of committing cybercrime by other researchers in this area. As such, this paper intends to analyse the position of the criminal attempt which is explicitly stipulated in section 7 of the Computer Crimes Act 1997 (CCA). Further, this paper aims to demonstrate related legal issues pertaining to criminal attempt in cybercrimes including mere preparation and its relation to criminal attempts of cybercrimes, mens rea in committing criminal attempt, recklessness in criminal attempt of cybercrimes as well as impossibility defences for cybercrime attempts. In so doing, section 7 of the CCA will be critically scrutinised in solving those issues. Apart from that, the paper will also examine relevant decided cases on criminal attempts for traditional criminal offences. To sum up, merely preparation in cybercrime shall be an attempt, and mens rea is required in a criminal attempt to commit cybercrime but in certain situations knowledge of the risk is enough to be an attempt to commit cybercrime offences.

CRIMINAL LEGALITY AFFECTING CYBERCRIMES IN YEMEN

المجلة: Herald NAMSCA

سنة النشر: 2017

تاريخ النشر: 2018-01-01

Criminal legality is a principle that promotes justice and stability. In Yemen, a judge cannot expand the interpretation of any existing laws to criminalise new actions that are not provided by the legislature as it is expressly prohibited by the Yemeni Constitution 1990 as well as the Yemeni Penal Code 1994. Unfortunately, cybercrime is one of the new offences that are not specifically regulated by Yemeni laws. Since cybercrime is one of the greatest threats facing international community, this paper attempts to examine the criminal legality affecting cybercrime in Yemen. This study is a purely doctrinal legal research and data are collected from both primary and secondary sources like statutes, books, scholarly articles, legal doctrines and many others. To sum up, though the existing laws generally cover traditional offences that are committed on the Internet such as online pornography and online defamation, serious issues arise with regard to new offences that can only be committed in the cyber world such as hacking and spamming as they are nowhere provided in the Yemeni legal framework.

Banking Secrecy and Its Impact on the Control of Money Laundering: A Comparative Study Between Malaysian Law and Yemeni Law

المجلة: UUM

سنة النشر: 2012

تاريخ النشر: 2012-06-01

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