Topic 5 Cyber Law (1) (Lecrture 9)

LECTURE 11:
CYBER LAW
Ms Nurul Atikah Rosli/Stephen Sesaiah

5.1 Introduction
• Cyberspace is a synonym for the internet

• Now business dealings can occur across the globe without any
pen or even face to face contact
• For customer, purchase can be done through online.
• Online banking, such as online bill payments, buying stocks,
transfer fund to another person.
• Big company and financial institutions use internet to exchange
financial data to help with domestic or even international
business
5.2 What is cyber law?
Cyber Law refers to any laws relating to protecting the internet and other
online communication technologies.
The main objective of Cyberlaw is to deal with the rapid growth of

electronic commerce and the unique problem posed by this relatively
new commercial area.
Just like how we need laws to protect the parties involved in a normal
business transaction laws are required to protect the parties involved in
business transaction through the internet.
5.3 Function of cyber law
Privacy and
Integrity and
Confidentialit
Security of
y of
information
information
Legal status of Intellectual
online Property
transactions Rights
5.4 Types of Cyber law
• Cyber laws to control and reduce internet abuse

• In Malaysia, there is no one standalone Cyber Security Law, but
a number of them
Digital Signature Act 1997 Copyright Act 1987
Computer Crimes Act 1997 Personal Data Protection Act 2010
Telemedicine Act 1997 Penal Code
Communications and Multimedia Act Sedition Act 1948

1998.
5.5 Cyber Offences
Misuse of computers
1
Hacking activities Basheer Ahmad

Computer Crimes such as hacking into Maula Sahul Hameed
Act 1997 WIFI connections or v PP (2016)
criminalizes credit card
information, The accused used
1.Act of hacking or
electronic theft, debit card belonging to
unauthorized
creating viruses the victims of MH 370
access to computer
incident withdrew
material
cash from the ATM and
2.Spreading of The punishments, transferring money
computer viruses depending on the type of online without
or modification of offence committed, fine authorization. He was
the contents of any of RM25,000 to sentenced to four years
computer RM150,000, or in jail and three strokes
imprisonment of 3 to 10 of cane.
years, or both.
5.5 Cyber Offences
Communication and
2 multimedia industries
PP v Dato’ Mohd Zaid (2015)

Making offensive
Communication statement online The accused, the former Minister of Legal
and Multimedia which are
Act 1998 Affairs was charged for publishing a
“obscene, false,
regulates statement in his blog with an intent to
menacing with
intention to annoy another person who was the then
1.Network service Prime Minister Najib Razak. He alleged
providers (Maxis, annoy, threaten or
harass another that Najib was obstructing investigations of
Celcom, Digi)
person. 1Mdb and urged Malaysia to support Tun
2.Service providers Punishment: Dr Mahathir campaign to remove the
(Astro, Maximum fine Prime Minister.
Whatsapp) RM50,000 or 1
year jail He was acquitted as the prosecution failed
to prove that the statement that he made
annoys somebody, by its intent and
objectively.
5.5 Cyber Offences
3 Phishing
Phishing is a form of identity Scammers have cheated

Penal Code Malaysians of more than
theft or fraud. Usually appear
Section 416 RM769 million in the past
to come from a well known
Cheat by organization and request three years.
impersonation or personal information such as
pretending to be credit card number, account 13 Dec 2019
someone else with number, login or password. The biggest arrestment of 373
intention to cheat individuals from China on
suspected online cheating
operations conducted in
Punishment: Jail term up to Cyberjaya. Sentenced to 4
five years or with fine, or months imprisonment or fine
with both upon conviction.
RM5000.
5.5 Cyber Offences
4 Online Harassment
Section 233 CMA Cyber bullying such PP v Colin Mak Yew Loong
as body shaming [2013]
Communication using
application service to The accused had been sending the
abuse, threaten or Online stalking
victim threatening email and
harass anyone
voice messages for more than 6
Section 509 Penal Sexual harassment years. The harassment included
Code threats of violence by using rifle
Intending to insult the and pipe.
modesty of any person Punishment:
by word, gesture or imprisonment may The accused was sentenced to
exhibit any object extend to five years three years of imprisonment and
Employment Act or with fine or both fined SGD5000.
5.5 Cyber Offences
5 Electronic Theft
Copyright Act
PP v Haw Swee Po [2011]
Illegal download of films or
software
The accused was tried for possession
Breach of employment and use (other than for private and
contract domestic use) of 3,300 copies of seven
for stealing of copyrighted films in DVD format.
material at work
The court sentenced the accused to 14
months’ imprisonment
5.5 Cyber Offences
Failure of data user to
6 secure personal data
Personal Data R v Rooney [2006]

Protection Act 2010 Imposes to banks,
telecommunication The accused had been working in
Strict liability on data
companies, the Human Resources department
user who processes
application service of the Staffordshire Police. The
personal data to protect
providers accused agreed to disclose
from any loss,
unauthorized or information to her sister on where
disclosure. her sister’s ex-partner was living,
who was a police officer.
Punishment:
imprisonment may The accused was guilty for
extend to three years disclosing information without the
or with fine
RM500,000 or both consent
5.5 Cyber Offences
7 Online Defamation 8 Sedition
Law of tort Defamatory statement or Sedition Act 1948 prohibits the making or
malicious posting against another person in circulation of sedition publication (that lead to
social media platform bodily injury, damage, promote ill will etc)
Foo Hiap Siong v Chong Chin Hsiang Lee May Ling & Anor v Public Prosecutor
[2014] 1 LNS 1196 [2018] 10 CLJ 742
The Plaintiff used the Defendant for The accused and co-accused had published a
defamatory statement in Facebook, showing picture of themselves with the word “Selamat
Plaintiff’s face with long hair with the top half Berbuka Puasa (dengan Bak Kut Teh, wangi,
naked body dressed in a bra with some enak, menyelerakan!!!!) with the Halal logo
comment. on the Facebook page. They were charged
under Section 4(1)(c) of the Sedition Act
The court held the total damages of 1948 and sentenced to an imprisonment term
RM50,000. of five months and twenty two days.
5.5 Cyber Offences
Disclose confidential
9 10 Online and phone scam
information
Official Secrets Act 1972 When the scammers use the services of
Liability for receiving forwarded messages Malaysians to receive and dissipate money.
Public Prosecutor v Charles Sugumar. (2016)
Public Prosecutor v Uma Mageswari (2014)
The victim was scammed by a person from UK
A school teacher was charged with possession through Facebook. The victim transferred money
of a few pages of examination papers for to the accused’s account. The accused claimed
UPSR for Science under Section 8(1)(c)(iii) that he was not part of the scam as he was
of the Official Secret Act 1972. She was requested by his customer to receive the money
acquitted as the photograph of the on the customer’s behalf. The customer claimed
examination papers were forwarded to them that money for his tour. The Magistrate acquitted
and stored automatically on her phone. She the accused based on the evidences that the
had never used them or forward it to anyone. accused was just a scapegoat.
5.5 Cyber Offences
Sexual grooming 12 E-hailing services

11
Syed Naharuddin v Etiqa Takaful Berhad The Commercial Vehicle Licensing Board
[2018] (Amendment) Act 2017 came to force in July
2018, to regulate intermediation business of
The Claimant was dismissed after the company booking or transaction e-hailing vehicle such as
received an anonymous email alleging that the Grab and any other e-hailing vehicle.
Claimant had been operating as a sexual
predator and targeting girls as young thirteen
Public Prosecutor v Muhamad Izuwan
years old. The Claimant used the social media to
(Magistrate’s court 2017)
meet his victim in person and luring them to
Hotel room.
The accused was charged for assaulting his
passenger under the Penal Code. He pleases
The Industrial Court held that the actions of the
guilty and sentenced to 3 years and 5 months
Claimant amount to sexual communication
imprisonment.
under the Sexual Offences Against Children Act
2017. Such dismissal justified.
SINCE KNOWING THAT YOU STUDYING CYBER LAW,
ONE OF YOUR FRIENDS INTERESTED TO KNOW
HOW THE LAW OVERCOMES THE CYBER ABUSE ON
THE USERS IN THE FOLLOWING SITUATION:
1. SENDING A COMPUTER VIRUS VIA EMAIL

2. HACKING INTO SCHOOL DATABASE TO CHANGE
EXAMINATION RESULT
3. SELLING PIRATED SOFTWARE IN A NIGHT
MARKET.

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LECTURE 11:

Ms Nurul Atikah Rosli/Stephen Sesaiah

• Cyberspace is a synonym for the internet

The main objective of Cyberlaw is to deal with the rapid growth of

• Cyber laws to control and reduce internet abuse

Digital Signature Act 1997 Copyright Act 1987

Computer Crimes Act 1997 Personal Data Protection Act 2010

Telemedicine Act 1997 Penal Code

Communications and Multimedia Act Sedition Act 1948

Hacking activities Basheer Ahmad

PP v Dato’ Mohd Zaid (2015)

Phishing is a form of identity Scammers have cheated

Personal Data R v Rooney [2006]

7 Online Defamation 8 Sedition

Sexual grooming 12 E-hailing services

1. SENDING A COMPUTER VIRUS VIA EMAIL

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