# منتديات القانون الجنائي Criminal Law Forum > بحوث ومقالات في القانون الجنائي >  Relevant ict legal mechanisms in malaysia

## لارين

*RELEVANT ICT LEGAL MECHANISMS IN MALAYSIA*Mohamad Rizal bin Abd RahmanLecturer, Faculty of Law, Universiti Kebangsaan Malaysia (currently pursuing a Phd degree at Faculty of Law, University of Otago, Dunedin, New Zealand) 

*Abstract*
The paper provides the audience with a structured identification of the relevant ICT legal mechanisms in Malaysia. It discusses the brief background of the marriage between law and technology, before it narrows down the discussion to the identification of relevant legal mechanisms in Malaysia in three segments. The first segment deals with the chronology of ICT policies and legislation, namely the inspiration of Vision 2020 (1991); Amendment of the Evidence Act 1950 (1993); _National IT Agenda (NITA) (1996); launching of_ Multimedia Super Corridor (MSC) _(1996);_ Cyber Laws of Malaysia _(1997)_ which consists of the Digital Signature Act, Computer Crimes Act and Telemedicine Act; Amendment of the Copyright Act 1987; Malaysian Information Technology & Multimedia Laws (1997-2000) which include the Communications and Multimedia Act, Malaysian Communications and Multimedia Commission Act and Optical Discs Act; Layout-Designs Of Integrated Circuits Act 2000; Electronic Commerce Act 2006; Electronic Government Activities Act 2007 and the9th Malaysian Plan (Rmk-9) (2006-2010) and The National Mission (2006-2020). The second segment deals with ICT and ICT law enforcement structure which consists of the relevant Ministries, namely Ministry Of Energy, Water and Communication (KTAK) and Ministry of Technology, Science and Innovation (MOSTI); Commissions, Corporations, Departments and Agencies, namely the National IT Council (NITC), Communications and Multimedia Commission (MCMC), Multimedia Development Corporation (MDeC), CyberSecurity Malaysia, Malaysian Computer Emergency Response Team (MYCERT), Malaysian Institute of Microelectronic Systems (MIMOS), the*Cyber and Multimedia Crime Investigation Division of the* Royal Malaysian Police and Intellectual Property Corporation Of Malaysia. The last segment deals with the evidential provisions relating to ICT. 


*INTRODUCTION*
No reasonable person would have said yes to ICT misuse, except those who are their perpetrators, conspirators and abettors, clinging to the malicious usage of technology to cause disaster in order to satisfy whatever evil mission that they have in mind. 
More often than what is expected to be a complete relief, victims of ICT misuse look at the problems from the technical side and blame technology for the aftermath that they suffer. It normally ends with the victims relying on the expertise of computer technicians with the hope that everything will be back to normal upon payment of a certain amount of money. The real culprit arrogantly escapes with ease.
            This paper is just a small contribution; providing the public, particularly in Malaysia, with the knowledge of relevant legal mechanisms to refer to cater for their legal rights. 
*In dealing with the mechanisms, I have taken into consideration the three organs of the Malaysian government, namely the legislature (for ICT legislation), executive (for ICT policies, delegated legislation and tribunal) and judiciary (for legal proceedings involving ICT matters, which mainly concentrates on computer related evidence).* 
*The Malaysian legal system is quite similar in nature to that of the Westminster system, where the legislature and executive branches overlap, making the path convenient for the majority Parliamentary members from the ruling party to pass laws in the** favour** of the government, further enhanced by the written constitutional doctrine of collective responsibility,[i] the lack of any legislative veto power by the sovereign[ii] and supplemented by their full control of delegated legislation. Even the judicial structures and judicial appointments are at the behest of the government, particularly after the 1988 constitutional crisis.[iii]*

*CHRONOLOGY OF ICT POLICIES AND LEGISLATION* 
*The former Prime Minister,* Dato’ Seri Dr. Mahathir Mohamad,[iv] *has been** labelled** the Father of Modernity, obviously from the technological advancements to which he led the country. Even after his departure from office in October 2003, his successor, the current Prime Minister, Datuk Seri Abdullah bin** Haji** Ahmad Badawi, consolidates this legacy, polishing up some earlier policies and issuing new ones to supplement the earlier.*

*1.         Inspiration of Vision 2020 (1991)* 
Vision 2020 is an integral part of the working paper, _The Way Forward__, presented by_ Dato’ Seri Dr. Mahathir Mohamad, the Prime Minister of Malaysia (as he then was) _at the Malaysian Business Council,_ during the tabling of the Sixth Malaysia Plan _on 28 February 1991. Consisting of nine challenges, it stands as a long term plan of_ “the future course of the  nation and how Malaysians should go about to attain their objective of developing Malaysia into an industrialised country.” The emphasis on information technology is enshrined in the sixth challenge of the vision “of establishing a scientific and progressive society, a society that is innovative and forward-looking; one that is not only a consumer of technology but also a contributor to the scientific and technological civilization of the future.”

*2.         Amendment of the Evidence Act 1950[v] ( 1993)*
Following the kick-start by the then Prime Minister upon his inspiration for Vision 2020, and the need to facilitate the emerging need to officially acknowledge ICT-related evidence in judicial proceedings, the Evidence Act 1950 was amended by the Evidence (Amendment) Act 1993.[vi]

*3.         National IT Agenda (NITA) (1996)*
This was launched in 1996 as one of the main initiatives of the government in developing and planning strategies, in order to deal with the challenges posed by ICT development. It concentrates on the balanced distribution and allocation of ICT knowledge, infrastructure and application, both in urban and rural areas.

*4.         Multimedia** Super Corridor** (MSC) 1996*
Moving towards a global framework (in addition to the National IT Agenda) for the sixth challenge of Vision 2020, a multimedia platform was launched on 1 August 1996.[vii] Known as Multimedia Super Corridor (MSC), c*overing** an* area of 15 x 50 km, it originally consisted of three mega projects, namely Kuala Lumpur City Centre (KLCC) in the north, Putrajaya and Kuala Lumpur International Airport (KLIA) in the south, with two smart cities, Cyberjaya (centre for multimedia industries) and Putrajaya (centre of administration for the Federal government) built within it. The current coverage, since 7 December 2006, includes the whole Klang Valley.[viii] 
MSC is targeted to expediate the development of local industries in *information technology, telecommunication and multimedia by focusing on seven flagships or applications, namely* R&D Clusters, Borderless Marketing Center, E-Government, Worldwide Manufacturing Web, Smart Schools, Multi-purpose card and Tele-health. All those are implemented in *three phases: the creation of MSC itself;* establishment of a web of similar corridors, passing of a global framework of cyber laws and the linking of at least four of five intelligent cities to other global cities worldwide; and finally the evolution of Malaysia into one Multimedia Super Corridor itself, with an International Cybercourt of Justice and twelve intelligent cities be linked to the global information highway.
In order to attract companies and investors to operate in  MSC, the government has issued *to MSC status* companies[ix] the *Bill of Guarantees, which is a form of undertaking by the government to p*rovide a world-class physical and information *infrastructure, a*llow *unrestricted employment* of local and foreign knowledge workers, ensure *freedom of ownership* by exempting companies with MSC status from local ownership requirements, give the *freedom to source capital* globally for MSC infrastructure and the *right to borrow funds* globally, provide *competitive financial incentives*, including no income tax for up to ten years or an Investment Tax Allowance, and no duties on the importation of multimedia equipment, become a regional leader in *intellectual property protection and cyberlaws, e*nsure *no censorship* of the Internet, provide globally competitive *telecommunication tariffs and t*ender *key MSC infrastructure contracts* to leading companies willing to use the MSC as their regional hub and provide a high powered agency to act as an effective *one stop super shop. This agency is known as* Multimedia Development Corporation (MDeC).[x]
Following the rebranding of MSC in April 2006, MSC is now known as MyMSC (MSC Malaysia).

*5.         Cyber Laws of Malaysia (1997)**[xi]*
Pursuant to the need for the government to become a regional leader in intellectual property protection and cyberlaws,[xii] the Malaysian Parliament enacted the Digital Signature Act 1997,[xiii] Computer Crimes Act 1997*[xiv]* and Telemedicine Act 1997.[xv]

*i.          Digital Signature Act 1997 & Regulations 1998* 
*This is an Act* “to make provision for, and to regulate the use of, digital signatures and to provide for matters connected therewith.”[xvi] It consists of ninety two sections, embodied in seven parts, namely *Part I – Preliminary, Part II - The Commission And the Licensing Of Certification Authorities, Part III - Requirements Of Licensed Certification Authorities, Part IV - Duties Of Licensed Certification Authorities And Subscribers,  Part V - Effect Of Digital Signature,  Part VI - Repositories And Date/Time Stamp Services and Part VII – General.*
For the purpose of the Act, “digital signature” means a transformation of a message using an asymmetric cryptosystem such that a person having the initial message and the signer's public key can accurately determine whether the transformation was created using the private key that corresponds to the signer's public key; and whether the message has been altered since the transformation was made. [xvii]
This Act is followed by a number of regulations, namely Digital Signature Regulations 1998,[xviii] Digital Signature (Exemption) Order 1999,[xix] Digital Signature (Exemption) Order (Corrigendum) 1999[xx] and Digital Signature (Certification by Notary Public) (Exemption) Order 1998.[xxi]
Several procedural non-ICT-related amendments were made to the Act in 2001 through Digital Signature (Amendment) Act 2001.[xxii]

*ii.         Computer Crimes Act 1997*
*This is a*n Act “to provide for offences relating to the misuse of computers.”[xxiii] It consists of twelve sections, embodied in three parts, namely *Part I – Preliminary, Part II – Offences and Part III - Ancillary And General Provisions.*
*Offences listed in Part II are:[xxiv]* 
Unauthorized access to computer materialUnauthorized access with intent to commit or facilitate commission of further offenceUnauthorized modification of the contents of any computerWrongful communicationAbetments, attempts and preparationPresumptionFor the purpose of the Act, “computer” means an electronic, magnetic, optical, electrochemical, or other data processing device, or a group of such interconnected or related devices, performing logical, arithmetic, storage and display functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device or group of such interconnected or related devices, but does not include an automated typewriter or typesetter, or a portable hand held calculator or other similar device which is non-programmable or which does not contain any data storage facility.[xxv]

*iii.        Telemedicine Act 1997*
*This is a*n Act “to provide for the regulation and control of the practice of telemedicine; and for matters connected therewith.”[xxvi] It consists merely of six sections, namely Sect. 1 - Short title and commencement, Sect 2 – Interpretation, Sect. 3 - Persons who may practise telemedicine, Sect. 4 - Certificate to practise telemedicine, Sect. 5 - Patient's consent and Sect. 6 - Regulations.
            For the purpose of the Act, “telemedicine” means the practice of medicine using audio, visual and data communications.[xxvii]

*6.         Amendment of the Copyright Act 1987*[xxviii]* ( 1997)*
While passing the above cyber laws, the Malaysian Parliament also amended the Copyright Act 1987 through the Copyright (Amendment) Act 1997[xxix] to ensure that the Act survive the ICT needs.
Among significant ICT related amendments incorporated to the Act, and are now becoming very useful are the new definition of “broadcast” to mean a transmission, by wire or wireless means, of visual images, sounds or other information which is capable of being lawfully received by members of the public; or is transmitted for presentation to members of the public, and includes the transmission of encrypted signals where the means for decrypting are provided to the public by the broadcasting service or with its consent;[xxx] and copyright infringement by way of circumvention of any effective, technological measures and removal or alteration of any electronic rights management information without authority.[xxxi]
Further amendments were made to the Act in 2000 and 2003  through Copyright (Amendment) Act 2000[xxxii] and Copyright (Amendment) Act 2003[xxxiii] but those amendments are not related to ICT.

*7.         Malaysian Information Technology & Multimedia Laws (1997-2000)* 
This consists of the above Malaysian Cyber Laws (including Telemedicine Act), *Communications and Multimedia Act 1998,[xxxiv] Malaysian Communications and Multimedia Commission Act 1998[xxxv] and Optical Discs Act 2000.[xxxvi]*  

*i.          Communications and Multimedia Act 1998 & Regulations* 
This Act repealed the earlier Broadcasting Act 1988[xxxvii] and  Telecommunications Act 1950.[xxxviii] It *is a*n Act “to provide for and to regulate the converging communications and multimedia industries, and for incidental matters.”[xxxix] It consists of 282 sections, embodied in eleven parts, namely *Part I – Preliminary, Part III - Ministerial Powers And Procedures, Part III - Appeal Tribunal, Part IV –** Licences**, Part V - Powers And Procedures Of The Malaysian Communications And Multimedia Commission, Part VI - Economic Regulation, Part VII - Technical Regulation, Part VIII - Consumer Protection, Part IX - Social Regulation, Part X – General and Part XI - Transitional Provisions.* 
*Part IX - Social Regulation (Chapter 1 - Licensing) states inter alia the prohibition on the provision of content applications service*[xl]*  while Chapter 2 - Content Requirements states the prohibition on provision of offensive content.*[xli] 
*Part X – General consists inter alia of  Chapter 2 - Additional Offences And Penalties:[xlii]*
Offence if use apparatus or device without authorityFraudulent use of network facilities, network services, etcImproper use of network facilities or network service, etcInterception and disclosure of communications prohibitedDamage to network facilities, etcFraud and related activity in connection with access devices, etcProhibition on call back serviceEmission from non-standard equipment or deviceUnlawful use, possession or supply of non-standard equipment or deviceOffence for distributing or advertising any communications equipment or device for interception of communicationOffence for giving false and misleading statementGeneral offence and penaltyCompounding of offencesOffences by body corporateFor the purpose of the Act, “communications” means any communication, whether between persons and persons, things and things, or persons and things, in the form of sound, data, text, visual images, signals or any other form or any combination of those forms, while multimedia information and content” means digitised content. [xliii]
This Act is followed by a number of rules and regulations, namely Communications And Multimedia (Universal Service Provision) Regulations 2002,[xliv] Communications And Multimedia (Rates) Rules 2002,[xlv] Communications And Multimedia (Compounding Of Offences) Regulations 2001,[xlvi] Communications And Multimedia (Licensing) Regulations 1999[xlvii] and 2000,[xlviii] Communications And Multimedia (Licensing) (Exemption) Order 2000,[xlix] Communications And Multimedia (Spectrum ) Regulations 2000,[l] Communications And Multimedia (Spectrum) (Exemption) Order 2000,[li] and Communications And Multimedia (Technical Standards) Regulations 2000.[lii] 
This Act has undergone several amendments, through Communications and Multimedia (Amendment) Act 2004.[liii] The only amendment which is ICT-related is the substitution of the definition of “network facilities provider” in section 6 to mean “a person who owns or provides any network facilities.”


*ii.         Malaysian Communications and Multimedia Commission[liv] Act 1998*
*This is a*n Act “to provide for the establishment of the Malaysian Communications and Multimedia Commission with powers to supervise and regulate the communications and multimedia activities in Malaysia, and to enforce the communications and multimedia laws of Malaysia, and for related matters..”[lv] It consists of five sections, embodied in six parts, namely *Part I – Preliminary, Part II - The Commission, Part III - Powers And Functions Of Commission, Part IV - Employees Of Commission, Part V – Finance and Part VI – General.* 
This Act has undergone several series of amendments, through Malaysian Communications and Multimedia Commission (Amendment) Act 2002[lvi] and Malaysian Communications and Multimedia Commission (Amendment) Act 2004.[lvii]

*iii.        Optical Discs Act 2000[lviii]*
This is an Act “to provide for the licensing and regulation of the manufacture of optical discs, and for matters connected therewith.”[lix] It consists of fifty seven sections, embodied in eight parts, namely Part I – Preliminary, Part II - Controller Of Optical Discs, Etc, Part III - Licensing, Etc, Part IV - Manufacturer's Code, Part V - Code Of Conduct, Part VI - Offences And Penalty, Part VII – Enforcement and Part VIII – Miscellaneous.
For the purpose of the Act, “optical disc” means any medium or device listed in Schedule 1[lx] (Compact discs (CD) including Compact discs-audio (CD-A),  Compact discs-video (CD-V), Compact discs-read only memory (CD-ROM), Compact discs-interactive (CD-I), Compact discs-photo (CD-P), Compact discs-recordable (CD-R) and Compact discs-rewritable (CD-RW); Digital versatile discs (DVD) including Digital versatile discs-recordable (DVD-R) and Digital versatile discs-rewritable (DVD-RW); Laser discs (LD) and Mini discs (MD)), any other medium or device on which data may be stored in digital form and read by means of a laser, and includes any such medium or device manufactured for any purpose, whether or not any data readable by means of a laser or any other means has been stored on it.[lxi]

*8.         Layout-Designs Of Integrated Circuits Act 2000[lxii]*
*This is a*n Act “to provide for the protection of layout-designs of integrated circuits in Malaysia and for related matters.”[lxiii] It consists of thirty three sections, embodied in six parts, namely Part I – Preliminary, Part II - Protection Of Layout-Designs, Part III - Rights In Relation To Layout-Designs And Infringements, Part IV - Dealings With Layout-Design Rights, Part V - Use For Public Non-Commercial Purpose And Compulsory Licensing and Part VI – Miscellaneous.
For the purpose of the Act, "layout-design" means the three-dimensional disposition, however expressed, of the elements of an integrated circuit and some or all of the interconnections of the integrated circuit or such a three-dimensional disposition prepared for an integrated circuit intended for manufacture; while "integrated circuit" means a product, whether in its final form or in an intermediate form, in which the elements, at least one of which is an active element, and some or all of the interconnections are integrally formed in and on, or in or on, a piece of material and which is intended to perform an electronic function.[lxiv]

*9.         Electronic Commerce Act 2006[lxv]* 
*This is a*n Act “to provide for legal recognition of electronic messages in commercial transactions, the use of the electronic messages to fulfill legal requirements and to enable and facilitate commercial transactions through the use of electronic means and other matters connected therewith.”[lxvi] It consists of twenty five sections, embodied in five parts, namely *Part I – Preliminary,  Part II - Legal Recognition Of Electronic Message, Part III -** Fulfilment** Of Legal Requirements By Electronic Means, Part IV - Communication Of Electronic Message* and *Part V – Miscellaneous.* 
For the purpose of the Act, "electronic" means the technology of utilizing electrical, optical, magnetic, electromagnetic, biometric, photonic or other similar technology.[lxvii]
Note that despite the fact that the Malaysian Parliament passed the above Act in 2006, which has been a long wait since the passing of Digital Signature Act in 1997, currently there is no Private Data Protection legislation in Malaysia. What Malaysia does have at the moment is merely a Bill, introduced in 2000. As for the government, it however does not need a separate legislation for itself in matters of its private data, since the Official Secrets Act 1972[lxviii] and even the Internal Security Act 1960[lxix] have proven to be broad enough and strongly efficient to cover any means of communication or dissemination of its secret data or information.

*10.       Electronic Government Activities Act 2007[lxx]* 
*This is a*n Act “to provide for legal recognition of electronic messages in dealings between the Government and the public, the use of electronic messages to fulfill legal requirements and to enable and facilitate the dealings through the use of electronic means and other matters connected therewith..”[lxxi] It consists of thirty six sections, embodied in six parts, namely Part I – Preliminary, Part II - Administration And Application Of The Act To Written Law, Part III - Legal Recognition Of Electronic Message, Part IV - Fulfilment Of Legal Requirements By Electronic Means, Part V - Communication Of Electronic Message and Part VI – Miscellaneous.
Save for a few sections, the provisions of this Act are mainly copied from the above Electronic Commerce Act 2006.

*11.       9th Malaysian Plan (Rmk-9) (2006-2010) and* *The National Mission, 2006-2020*
*Rmk-9, being the the first of three Malaysia Plans for the National Mission towards Vision 2020, is meant* *to achieve the thrust and objectives of the mission. RM12.9 billon has been allocated for the development of ICT related programs and projects under the plan. The aim of the government in the first thrust of the plan is very clear:* *to increase the value add of existing economic sectors as well as generate new knowledge-intensive activities and employment in ICT, biotechnology and services. It also includes[lxxii] the wish of the government to generate** new sources of wealth through ICT and Biotechnology. Five key phrases which can be highlighted would be ICT-based investments, shared services and outsourcing industry, local digital content industry, e-commerce, MSC and allocation of various funds and** programmes**.[lxxiii]*

*ICT AND ICT LAW ENFORCEMENT STRUCTURE*
Set out below is a top-down listing of the enforcement structure, utilising the above stated policies and legislation.

*1.         Ministries*

*i.          Ministry Of Energy, Water and Communication (KTAK[lxxiv])*
This Ministry was previously known as *Ministry of Energy, Communication and* Multimedia before a major cabinet reshuffle in 2004. The relevancy of the Ministry to ICT  is its jurisdiction over matters related to communication. In this respect, the Ministry is responsible for the policy and strategic planning of the communications industry, coordinating its implementation and monitoring industry performance.[lxxv]

*ii.         Ministry of Technology, Science and Innovation (MOSTI)*
This Ministry was previously known as Ministry of Science, Technology and Environment (MOSTE) before a major cabinet reshuffle in 2004. Its mission is to harness science and technology through Innovation and human capital to value-add the agricultural and industrial sectors for economic advancement, particularly through Biotechnology, Information and Communications Technology (ICT).[lxxvi]
The 2004 major cabinet reshuffle caused the transfer of several responsibilities previously undertaken by the former Ministry of Energy, Communication and Multimedia for formulation and implementation of national policy on information and communications technology (ICT), formulation and implementation of national information security policy, encourage research and development (R&D) and commercialization in ICT and development and promotion of ICT industries. Not only that, the reshuffle also led to the transfer of The National Information Technology Council (NITC) Secretariat to the Ministry.[lxxvii]
The ICT related functions of the Ministry have since been enhanced by the establishment of the ICT Policy Division on 1 March 2005. 

*2.         Commissions, Corporations, Departments and Agencies* 

*i.          Communications and Multimedia Commission* 
This commission, (established in 1998) under the Ministry of Energy, Water and Communications, acts mainly as the regulator for communications and multimedia industry.[lxxviii]

*ii.         Multimedia Development Corporation (MDEC)*
This company is owned and funded by the Malaysian government. Its role is to advise the Malaysian Government on legislation and policies, develop MSC Malaysia-specific practises, set breakthrough standards for multimedia operations, promote MSC Malaysia locally and globally, and support companies which are locating and located within MSC Malaysia.[lxxix] Following the rebranding of MSC in April 2006, MDC is now known as M-DeC.

*iii.        CyberSecurity Malaysia*
Formerly known as National ICT Security and Emergency Response Centre (NISER), established in 1997, before the change of name to CyberSecurity Malaysia in 2007. It carries out the function of national cyber security agency under MOSTI.[lxxx] 

*iv.        Malaysian Computer Emergency Response Team (MyCERT)*
Officially launched in 1997, this body is regarded as the main working arm of CyberSecurity Malaysia.

*v.         Malaysian Institute of Microelectronic Systems (MIMOS)*
Originally a unit in the Prime Minister's Department in 1985, before being made a department under MOSTE in 1990; MIMOS now is a company under the Ministry of Finance since 1996. Though it currently focuses on R&D activities, its contribution to the ICT-law-security arena is very impressive. Among its accomplishments were its initiative of starting Jaring (the Malaysian first Internet Service Provider) in 1992 and the Computer Forensic Services under the 2001 8th Malaysia Plan (RMk8), and its contribution towards the formation of MyCert (footnote) in 1997 and NISER in 2001 (most of the work was done when it served as a secretariat to the NITC  from 1996 to 2003).  Its relevance to the ICT legal mechanisms is demonstrated by the role it plays in two of its eight applied research areas, namely Cyberspace Security and Communication Technology.[lxxxi]

*vi.        (Royal Malaysian Police) Cyber and Multimedia Crime Investigation Division*
*This is a division, out of 12 divisions of the Commercial Crime Investigation Department (CCID). It is further subdivided into six units, namely the* Computer Investigation Unit, Internet Investigation Unit, Computer Forensic Investigation Unit, Film/ Music/Patent Investigation Unit, Computer Software Investigation Unit and Optical Discs Investigation Unit.

*vii.       Intellectual Property Corporation Of Malaysia*
*This corporation, established through the* Intellectual Property Corporation Of Malaysia Act 2002,[lxxxii] *acts mainly to ensure that the provisions of the Intellectual Property Legislation (*Trade Marks Act 1976,[lxxxiii] Patents Act 1983,[lxxxiv] Copyright Act 1987,[lxxxv] Industrial Designs Act 1996,[lxxxvi] Layout-Designs of Integrated Circuits Act 2000,[lxxxvii] Geographical Indications Act 2000[lxxxviii] and any subsidiary legislation made under the Acts specified in items 1, 2, 3, 4, 5 and 6)[lxxxix] *are administered, enforced, given effect to, carried out and complied with.*[xc][xci]

*EVIDENTIAL PROVISIONS RELATING TO ICT*

*1.         Evidence (Amendment) Act 1993[xcii]* 
The Evidence Act 1950[xciii] underwent major amendments in 1993, primarily to cope with the growing pace of technological developments. There are eight amendments altogether, but only four are relevant to ICT. 
Among the relevant ICT related amendments are the insertion of the definition of computer and the recognition of computer related evidence as documentary evidence,[xciv] recognition of the status of a document produced by a computer as primary evidence,[xcv] proof of *public documents produced by computers[xcvi] and new provisions on d*ocuments produced by a computer regarding admissibility and weight, and the prevailance of the new provisions over other provisions of the Act, the Banker's Books (Evidence) Act 1949, and any written law.[xcvii]
A further minor amendment was made to the Act in 1997 through Evidence (Amendment) Act 1997 (Act A978)  but the amendment is not related to ICT.

*CONCLUSION*
We are living in a digital age where it is crucially significant to realize that we cannot expect victims of ICT misuse and abuse to be well-versed of their legal rights. Yes, law will not assist those who sleep over their rights, but ICT is not a simple straightforward matter of which people are expected to understand what is happening and know fully that their rights have been ripped off from the beginning of the misuse. ICT is a tangled world of intricate complexity. ICT savvies rule over the ICT dummies. 
It is thus hoped that this simple paper shall at least provide everyone with a better view of the relevant legal mechanisms, particularly in Malaysia, without the need to dig from various complex legal statutes and resources and make their own assumptions.

[i] All ministers are collectively responsible to the Parliament, in supporting any draft bills or policies which are already agreed upon in Cabinet meetings prior to their presentation in the Parliament. Failure to do so shall have them subjected to the government whipping process, which involve inter alia suspension from their political party.


[ii] The Malaysian Sovereign, The Yang di-Pertuan Agong, is the Supreme Head of the Federation but the Malaysian Constitution has made him a mere Constitutional Monarch, leaving him with limited executive and legislative powers. He only has three guided executive discretionary powers; the appointment of the Prime Minister (limited to the person who has led his party to win the election), the chairing of the meeting of the Conference of Rulers (of which he obviously has to do, being the YDPA) and the dissolution of Parliament (upon the commencement  of the Federal election). Other than that, he cannot act without the advice of the Prime Minister and his Cabinet. As for his legislative powers, he officiates at the opening session of Parliament and endorses his Royal consent before a bill can become law. However, should he choose no to endorse a bill (he has thirty days to consider it), it shall go back to the Parliament for reconsideration of his suggestion of amendments and which shall pass it to him again (the Parliament has thirty days to do this). Should the Royal Highness still chooses not to endorse it, this shall not act as a veto to the Parliament, as the bill shall still become law after the period of thirty days from the date of the second receipt. See Article 32, 39, 40, 40A, 44 and 66(4), Federal Constitution of Malaysia. 


[iii] The direct face-to-face crisis between the Federal government and judiciary, resulting in  the dismissal of the Lord President and a few senior judges, and major constitutional amendments relating to judicial powers. The government of Malaysia, however, recently admitted the faulty dismissal of those judges and announced its affirmative stand towards the establishment of an independent Judicial Appointment Commission (Utusan Malaysia,  18 April 2008).


[iv] Now Tun Dr. Mahathir Mohamad, since October 2003 .


[v] _Act 56_.


[vi] Act A851. See heading _Evidential Provisions Relating To ICT_ for the details of the amendments.


[vii] Dato’ Seri Dr. Mahathir  Mohamad  officially launched  MSC at the  Multimedia Asia Conference and Exhibition’ 96.  The earlier thought of  it was mentioned by him earlier on 1 November 995.


[viii] An area in Malaysia which consists of the Capital City, Kuala Lumpur,  its suburbs and  the neighbouring cities and towns in the state of Selangor.


[ix] This refers to companies which are providers or heavy users of multimedia products and services, employ a substantial number of knowledge workers, provide technology transfer and/or contribute towards the development of the MSC  or support Malaysia's k-economy initiatives, establish a separate legal entity for the MSC qualifying multimedia business and activities, comply with environmental guidelines and are located in a MSC designated cybercity.


[x] See sub-subheading _ii. Multimedia Development Corporation (MDEC)_ under subheading _2. Commissions, Corporations, Departments and Agencies_, under heading _ICT and ICT Law Enforcement Structure_ for more details of MDC.


[xi] These laws have also been compiled in Malaysian Information Technology & Multimedia Laws, in addition to other laws introduced in 1998 and 2000.


[xii] Item 6, MSC Bill Of Guarantees. 


[xiii] Act 562.


[xiv] Act 563.


[xv] Act 564. 


[xvi] Long Title & Preamble, Digital Signature Act 1997.


[xvii] Section 2, Ibid.


[xviii] P.U.(A) 359/98.


[xix] P.U.(A) 300/99.                         


[xx] P.U.(A) 347/99.


[xxi] P.U.(A) 352/1998.


[xxii] Act A1121.


[xxiii] Long Title & Preamble, Computer Crimes Act 1997.


[xxiv] Section 3 - 8, Ibid.


[xxv] Section 2, Ibid.


[xxvi] Long Title & Preamble, Telemedicine Act 1997.


[xxvii] Section 2, Ibid.


[xxviii] _Act 332._ 


[xxix] Act A994. 


[xxx] Section 3, Copyright Act 1987.


[xxxi] Section 36, Ibid.


[xxxii] Act A1082.


[xxxiii] Act A1195.


[xxxiv] Act 588.


[xxxv] Act 589.


[xxxvi] Act 606. 


[xxxvii]Act 338.


[xxxviii] Act 20.


[xxxix] Long Title & Preamble, Communications and Multimedia Act 1998.


[xl] Section 205, Ibid.


[xli] Section 211, Ibid.


[xlii] Section 231 - 244, Ibid.


[xliii] Section 2, Ibid.


[xliv] _[P.U.(A) 419/2002]._


[xlv] _[P.U.(A) 79/2002]._


[xlvi] _[P.U.(A) 346/2001]. _ 


[xlvii] P.U.(A) 124/99]
.

[xlviii] _[P.U.(A) 129/2000]. _ 


[xlix] P.U.(A) 125/2000]. 


[l] _[P.U.(A) 128/2000]._  


[li] P.U.(A) 126/2000].


[lii] _[P.U.(A) 124/2000]._


[liii] A1220.


[liv] See sub-subheading _i. Communications and Multimedia Commission_ under subheading_ 2.  Commissions, Corporations, Departments and Agencies_, under heading _ICT and ICT Law Enforcement Structure_ for more details of the Commission. 


[lv] Long Title & Preamble, Malaysian Communications and Multimedia Commission Act 1998.


[lvi] Act A1148. 


[lvii] Act A1231. 


[lviii] Act 606.


[lix] Long Title & Preamble, Optical Discs Act 2000.


[lx] Schedule 1 [Subsection 2(1)] - List of Optical Discs, Ibid.


[lxi] Section 2, Ibid.


[lxii] Act 601.


[lxiii] Long Title & Preamble, Layout-Designs Of Integrated Circuits Act 2000.


[lxiv] Section 2, Ibid.


[lxv] Act 658.


[lxvi] Long Title & Preamble, Electronic Commerce Act 2006.


[lxvii] Section 2, Ibid.


[lxviii] Act 88.


[lxix] Act 82.


[lxx] Act 680.


[lxxi] Preamble, Electronic Government Activities Act 2007.


[lxxii] in para 34 of the Plan.


[lxxiii] _Ninth Malaysia Plan 2006-2010_. The Economic Planning Unit, Prime Minister’s Department. Putrajaya, 2006.


[lxxiv] An acronym of its name in Malay Language i.e. Kementerian Tenaga, Air dan Komunikasi.


[lxxv]http://www.ktak.gov.my.


[lxxvi]http://www.mosti.gov.my.


[lxxvii] NITC *is an entity established in 1994, targeted to create a values-based Knowledge Society in line with the aspirations of Vision 2020. At the same time it aims to enhance the development and utilization of ICT as a strategic technology for national development. Chaired by the Prime Minister and consisting of Cabinet ministers, senior government officials, private sector leaders, academicians and community sector representatives, it acts as a highest level think-tank to advise the government on matters related to ICT development in Malaysia. Its main focus has been** centred** on monitoring NITA through Demonstrator Application (DA) since 1998.* 


[lxxviii]http://www.mcmc.gov.my/.


[lxxix]http://www.mdec.com.my/.


[lxxx]http://www.cybersecurity.org.my.


[lxxxi]http://www.mimos.my.


[lxxxii] Act 617.


[lxxxiii]  Act 175.


[lxxxiv] Act 291.


[lxxxv] Act 332.


[lxxxvi]  Act 552.


[lxxxvii]  Act 601.


[lxxxviii]  Act 602.


[lxxxix] First Schedule ((Section 2), Intellectual Property Corporation Of Malaysia Act 2002.


[xc] Section 17, Ibid.


[xci]http://www.mipc.gov.my.


[xcii] Act A851. 


[xciii] _Act 56_.


[xciv] Section 3, Evidence Act 1950.


[xcv] Section 62, Ibid.


[xcvi] Section 78A, Ibid.


[xcvii] Section 90A, 90B and 90C, Ibid.

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