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Topic 5 Cyber Law (1) (Lecrture 9)
Topic 5 Cyber Law (1) (Lecrture 9)
CYBER LAW
Cyber Law refers to any laws relating to protecting the internet and other
online communication technologies.
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
3 Phishing
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
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