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(This article was published in the New Straits Times on 30th April 2007)
One of the key points mentioned in the Malaysian Cyber Law is that there will
be no censorship of the Internet. This can be seen from Section 3 of the
Communications and Multimedia Act 1998 (CMA 1998) where it says
"Nothing in this Act shall be construed as permitting the censorship of the
Internet".
However, this does not mean that the Internet is above the law and the users
may use it by all means. It is, despite the freedom it gives to the people,
subject to the laws and regulations of the country, especially when it is
contrary to the local society's norms and acceptable practices.
For instance, the Seditious Act 1948 and the Defamation Act 1957. The
former Act provides punishment of sedition. It restricts any action which has
seditious tendency, be it words or publications. It empowers the authority to
initiate a legal proceeding if the circumstance requires.
By virtue of section 211(2) of the same Act, any person who contravenes the
abovementioned section shall commit an offence and if convicted, shall be
liable to a fine not exceeding RM50,000 or to imprisonment for a term not
exceeding one year or both.
In the event where a subscriber refused to follow the terms and conditions of
the Web site by providing prohibited content as defined by the Code, the
IASP has the right to withdraw or block the subscriber's access or even to
remove the prohibited content. This must be done with the procedures laid
down by the Code.
It is encouraged that the IASP should first ask the subscriber to remove the
prohibited content by giving notice before terminating the subscriber's
access account.
Under this regulation, Article 4 prohibits individual from using the Internet to
harm Internet security, disclose state secret, harm the interest of the state or
society or of a group, or to take part in criminal activities.
The effect of legislation and regulations are territorial in nature. An act done
outside the jurisdiction may not be controlled effectively.