Cyber Law Act in Malaysia

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Malaysia Vision 2020 has catapulted initiatives in support of Prime Minister Mahathir`s agenda, one of which is listed as Goal Six: to establish a scientific and progressive society. Thus, in 1996, the Multimedia Super Corridor (MSC) Malaysia was launched and the first Malaysian cybersecurity laws were introduced: Computer Crimes Act 1997, Telemedicine Act 1997, Copyright (Amendment) Act 1997 and Digital Signature Act 1997. The Communication and Multimedia Act of 1998 followed a year later, followed by the Payment Systems Act of 2003, the Electronic Commerce Act of 2006 and the Personal Data Protection Act of 2010. The basis created by these early cyber laws was to prepare the nation to innovate and protect Malaysians with new innovations. The most relevant laws for current cybercrime in Malaysia are discussed in more detail in the next section. Cybercrime, while against the law, is difficult to compensate for what has been lost once the damage is done; Especially data as well as collective intelligence in years of hard work. We rely heavily on the Internet and various other online applications day in and day out to manage our finances, purchases, correspondence, reading news and many other activities, it is no wonder that criminals or attackers are tempted to look for their target in the cyber world, and such offenses are often motivated by financial gain. Revenge or even curiosity or apathy. In Malaysia, we do not have a stand-alone cybersecurity law, but we do have a number of sporadic laws in this area to combat cybercrime. These include: In short, we can conclude that there is no cyberlopolis that regulates domain name disputes in Malaysia. Instead, we use intellectual property rights to manage domain name activities. Here is the second important part of cyber law in Malaysia – the copyright of content. If you are facing legal disputes such as cybersquatting that another party has used your domain name without your permission, you can always: As one of the leading website development and digital marketing companies in Malaysia, we are always aware of the importance of cyber legal knowledge.

This can ensure that we understand our legal rights in the cyber world and that we do not violate any law in the conduct of our business. In fact, there is no specific cybersecurity law in Malaysia that regulates online activities. Nor are there specific legal acts that set out all the rules and legal requirements for cybercrime. The rapid development of information and communication technologies (ICTs) in the digital age has created loopholes for cybercrime. This has created many challenges for existing Malaysian laws and social welfare. It should be noted that there are also some cybersecurity authorities in Malaysia, such as: – Online harassment, including cyberbullying, online harassment or sexual harassment, violates Section 509 of the Penal Code, which states: (NB: Singapore recently enacted the Cybersecurity Act 2018, which primarily requires the it system operator in essential services to take precautions against cyberattacks in its Operations. seize. specifically. Services essential to Singapore`s national security, defence, external relations, economy, public health, public safety or public order.) The most common case involving a domain name dispute is cybersquatting. With regard to these, we have listed 9 types of cybercrime or activities that can be covered by this legal framework. The Computer Crimes Act 1997 («CCA») is the first specific legislation enacted in Malaysia to combat cybercrime.

That`s why we invited our digital marketing consultant, Eloise Tan, to talk about cyber law in Malaysia. Eloise has extensive knowledge and experience in the fields of cyber law, intellectual property and copyright with context: For domain names concerning .com, .net, .org, you can file a complaint with the World Intellectual Property Organization (WIPO) in accordance with the UDRP Complaints and Filing Guidelines. In other words, the CCA captures hacking activities such as malicious code: computer code commonly used by hackers to infiltrate a computer in order to cause security damage and vulnerabilities. Some common actions that govern Internet activities to which we can refer, including: If the identity of the person(s) who committed the data breach or who stored or stored the data at a certain time is known, the case could be referred to the police and / or civil proceedings could be initiated. There are two civil procedures that may be appropriate depending on the circumstances: search and seizure orders and/or preliminary detection. An Anton Piller order is possible if there is a high risk that the defendant will dispose of or destroy incriminating evidence in his possession or control before the trial and that its maintenance is necessary for the plaintiff`s case. The order is usually issued unilaterally and allows the plaintiff and/or his representatives to enter the defendant`s premises to search, inspect and seize documents or make copies of them so that they can be kept until the trial. In general, Malaysian courts also have the discretion to order the disclosure of documents before trial. In general, such an order would only be issued in rare or exceptional circumstances.

If civil proceedings are initiated for breach of confidentiality obligations and ultimately succeed, one of the orders placed may be the delivery of the recovered data, damages or an income statement. Intrusion: Incorrect access to a computer`s system or network. The online dissemination of propaganda or terrorist activities via social media is a serious crime under Article 130J of the Penal Code, which can be punished with up to 30 years in prison. In 2016, we saw Malaysians accused under this provision of spreading islamic state propaganda in Iraq and Syria (aka ISIS). In 2008, there was a legal dispute over a domain name between Google Inc and Digiattack. Phishing is a form of identity theft or fraud. This is often done through emails posing as communications from suspected government agencies, banks, or reputable companies to trick individuals into revealing personal information such as passwords and credit card numbers. Finally, trademark registration is required for your logo, products and services. You may think that not registering a trademark has no effect unless a legal dispute arises. A scientific and progressive society, an innovative and forward-looking society, a society that is not only a consumer of technology, but also contributes to the scientific and technological civilization of the future Yes. The SECURITY PRINCIPLE of PDPA requires a data user to take practical measures to protect personal data against loss, misuse, alteration, unauthorized or accidental access or disclosure, alteration or destruction taking into account the following: Digiattack was a company based in Ipoh, and the registered company as a domain name. Google discovered this and filed a lawsuit against Digiattack.

There are two ways to buy a domain name: register a new one or buy an existing one. When registering or purchasing a domain name, keep these two things in mind, whether they are: As we can refer to the infographic above, TM™ is an identifier of the source of the product or service that is not yet registered. Meanwhile, the® symbol R represents a registered trademark that offers complete protection. Cybercrime: Criminal activities that use the Internet as a vehicle to commit crime. A prosperous society with a fully competitive, dynamic, robust and resilient economy. If this act involves the theft of copyrighted material at work, it may expose someone to a civil suit by the employer for breach of the employment contract under the confidentiality clause if the employer finds evidence against the employee. But prevention is better than cure. In real life, there are effective self-help practices, such as simply installing antivirus software or using a BYOD («bring your own device») policy to work. Penalties range from a fine of RM25,000 to RM150,000 or imprisonment for 3 to 10 years or both, depending on the type of crime committed.

Are there mandatory industry-specific reporting requirements for data breaches in your jurisdiction? As in the Google vs Digiattack case mentioned above, judges had the right to order the transfer of the domain name to the owner. In fact, the MCMC has the power to order its licensees to deny Internet users access to websites in order to prevent the commission or attempt to commit a crime under the CMA. The court ruled that Google won the case. Because Google was able to prove that the domain name is identical to its trademark and was used in bad faith. An injunction is an appeal in the form of a court order that prohibits or forces a particular party to perform a particular act. For example, this remedy is used to immediately prevent the person from using the domain name if the applicant can prove ownership of the domain name.