Introduction of Cyber Law Acts in Malaysia

Just like other countries, Malaysia also is also involved in evolution of technology. Internet has become a necessities for everybody in business, communicate socializing and many more. Despite being a positive tool for users, there are some of irresponsible people that are using internet in negative way such as online fraud, identity theft, virus attack and hacking. Therefore, Malaysian government has already taking a big step to overcome these problems by introducing a few acts of law that can be used for cyber crimes.

These are a list of statutes in Malaysia regarding the Cyber law (Zulhuda, n.d.).

• Communications and Multimedia Act 1998 
• Computer Crimes Act 1997
• Copyright Act (Amendment)1997
• Digital Signature Act 1997
• Electronic Commerce Act 2006 
• Electronic Government Activities Act 2007 
• Payment Systems Act 2003 
• Personal Data Protection Act 2010
• Telemedicine Act 1997
• Penal Code (including Chapter on terrorism & cyber-terrorism)
• Communications and Multimedia Content Code 

Brief Explanation 

Communications and Multimedia Act 1998

This act is the main pillar for other cyber laws in Malaysia. It will explain each roles and responsibilities of Internet Service Providers. It also stated that there will be no filtering in accessing the Internet in Malaysia. A specialize government body in Information and Communication Technology (ICT) is also been established by using this particular act, which is the Communication and Multimedia Commission. It is already being enforced by the government on 1st April 1999 (Multimedia Development Corporation, 1996-2012).


Computer Crimes Act 1997

The main reason for enforcing this act is to ensure that misuse of computer can be overcome. Misuse of computer will be an offence in Malaysia. This act is enforced on 1st June 2000 (Multimedia Development Corporation, 1996-2012).

Copyright Act (Amendment) 1997

This act is amendment from Copyright Act 1987. It will be protecting the copyright works from unauthorized copying and/or alteration. Since technology is always evolved, this act help to protect copyright works in new forms. The enforcement of the act has been done on 1st April 1999 (Multimedia Development Corporation, 1996-2012).

Digital Signature Act 1997

On 1st October 1998, this act has been enforced to help preventing on-line transaction fraud. It will provide both licensing and regulation of Certification Authorities (CA). Signor identity certification and Digital Signature will be issued by CA. Digital Signature has become legally valid and enforceable as a traditional signature (National IT Council, 2012).

Electronic Commerce Act 2006

This act will give a legal recognition of electronic messages in commercial transaction. It also provides how legal requirements can be fulfilled by using electronic messages. This acts also allow the use of electronic means and other related matters to facilitate commercial transactions. It is effective on 19th October 2006 (Multimedia Development Corporation, 1996-2012).

Electronic Government Activities Act 2007

Malaysian Government has enforce an act to do facilitation of electronic delivery on government services to the public. It come into force on 1 January 2008 (Multimedia Development Corporation, 1996-2012).

Payment Systems Act 2003

This act will be covering both operators payments system and issuers of designated payment instruments (DPIs). It also contains provasions to allow Bank Negara Malaysia (BNM) to effectively perform its roles. On 1st November 2003 has been enforced by the government (Bank Negara Malaysia, 2013).

Personal Data Protection Act 2010

Personal Data Protection Act 2010 is an act to regulate the processing of personal data in commercial transactions. However, this will not be applicable to the government both federal or states and data processed outside of Malaysia. This act said to be enforced on 1st January 2013 but it has been extend to a different date (Secure IT Solution, 2011).


Telemedicine Act 1997

This act is still not enforced yet and amendment are still being made. The act states that only registered doctor can practice telemedicine. Other healthcare providers must obtain license to do telemedicine. This is to avoid anything that related with medical purpose from being misuse by doctors or patients, since the health industry has evolved into a new level (National IT Council, 2012).


Penal Code (including Chapter on terrorism & cyber-terrorism)

It is the pillar or the main statute in Malaysia. This is because not all cyber crimes can be enforced using all cyber laws. Therefore, Penal Code will be used as a backup to charge the criminal involved in cyber crimes. Example of case are online fraud, online gambling and online pornography. This will avoid the criminals from charged not guilty (Zulhuda, 2010).  


Communications and Multimedia Content Code

Using Communication and Multimedia Act 1998 as a guide to prepare a content code and to enforce the code according to the standard and practices in the communications and multimedia industry (Ministry of Information Communications and Culture, 2011).

References

Bank Negara Malaysia, 2013. Payment Systems Act 2003. [Online]
Available at: http://www.bnm.gov.my/index.php?ch=ps_legal&pg=ps_legal_act&lang=en
[Accessed 3 3 2013].

Malaysia Administrative Modernisation and Management Planning Unit (MAMPU), 2010. Electronic Government Activity Act 2007 (EGAA). [Online]
Available at: http://www.mampu.gov.my/web/bi_mampu//electronic-government-activity-act
[Accessed 2010].

Ministry of Information Communications and Culture, 2011. THE COMMUNICATIONS AND MULTIMEDIA CONTENT FORUM OF MALAYSIA. [Online]
Available at: http://www.kpkk.gov.my/akta_kpkk/ContentCode%20Malaysia.pdf
[Accessed 2009].

Multimedia Development Corporation, 1996-2012. Cyberlaw. [Online]
Available at: http://www.mscmalaysia.my/why_msc_malaysia
[Accessed 1996-2012].

National IT Council, 2012. Cyberlaws in Malaysia. [Online]
Available at: http://nitc.mosti.gov.my/nitc_beta/index.php/national-ict-policies/cyberlaws-in-malaysia
[Accessed 2012].

Secure IT Solution, 2011. Personal Data Protection Act 2010 (Act 709) - A Summary. [Online]
Available at: http://www.secure-it.com.my/index.php/component/content/article/34-the-company/146-personal-data-protection-act-2010-act-709-a-summary.html
[Accessed 21 April 2011].

Zulhuda, S., 2010. Penal Code for Cyber Crime. [Online]
Available at: http://sonnyzulhuda.com/2010/08/24/penal-code-for-cyber-crime/
[Accessed 24 August 2010].

Zulhuda, S., n.d. Cyberlaw Statutes. [Online]
Available at: http://sonnyzulhuda.com/cyberlaw-statutes/