STUDIES have shown that the rate of cyberharassment is increasing. Hence, laws are important to ensure that the Internet is a secure and respectful space for the younger and future generations, says Datuk Andy Low Hann Yong, founder and managing partner of Low & Partners.
“In comparison with other jurisdictions, such as the United Kingdom or Singapore, where cyberlaw provisions are much more established, it’s crucial for our lawmakers to further improve our current state of law to cover loopholes and provide necessary protection for the victims of cybercrime.
“A more comprehensive test or interpretation of the legislation should be codified into the statute to promote certainty of the law.
“New remedies should be introduced to provide speedier and inexpensive ways to benefit the victims of cybercrime.”
Section 233(1) of the Communications and Multimedia Act 1998 contains a general offence of making an obscene, indecent, false, menacing or offensive comment with the intention to annoy, abuse, threaten or harass another person.
It states: Improper use of network facilities or network service
(1) A person who—
(a) by means of any network facilities or network service or applications service knowingly—
(ii) initiates the transmission of,
any comment, request, suggestion or other communication which is obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass another person; or,
(b) initiates a communication using any applications service, whether continuously, repeatedly or otherwise, during which communication may or may not ensue, with or without disclosing his identity and with intent to annoy, abuse, threaten or harass any person at any number or electronic address, commits an offence.
(3) A person who commits an offence under this section shall, on conviction, be liable to a fine not exceeding RM50,000 or to imprisonment for a term not exceeding one year or to both and shall also be liable to a further fine of RM1,000 for every day during which the offence is continued after conviction.
Low says: “There are loopholes in the law for protection against personal privacy on social media platform as the current Personal Data Protection Act 2010 only provides protection if the communication is related to commercial transactions.
“This limitation would exclude many cyberharassment incidences where personal details published by the offenders are merely an act to threaten or intimidate victims.”
However, he believes amendments should not be rushed and the offence should not be grossly defined to not unnecessarily restrict freedom of speech.
“Should there be any delay in the amendment of legislation, the courts shall play an important role in interpreting the law, defining the offences and laying down the test to curb the problem.”
Combating online hate with #WiseUpWithWan
CYBERHARASSMENT is the third most dangerous threat after fraud and intrusion, as revealed by CyberSecurity Malaysia.
To raise awareness and implore people to self-regulate their online behaviour, PeopleACT (People Against Cyber Threats/Harassment), an initiative by the Malaysian Centre for Constitutionalism and Human Rights, under its UndiMsia! programme, has launched the #WiseUpWithWan campaign as part of its wider strategy to counter online hateful comments, shaming, intimidation, death and rape threats, and other forms of violence in cyberspace.
“Internet users often freely use words and images to provoke others, even those at their most vulnerable.
“But there’s a point when trolling escalates beyond the offensive and shocking into cyber-harassment or cyberstalking.
“We want to showcase a message of defiance against cyber-harassers, and encourage Netizens to choose their words wisely to stamp down violence and shoot down hate within our online space,” says campaigner Lim Ka Ea.
“Each poster carries a strong message.
“Words like: ‘Slut face, go back to your country!’, ‘If I see you, I’ll shoot you!’ or even unassuming remarks like ‘That’s so retarded!’ can be demeaning and hateful if not treated carefully.”
The campaign uses Wise Wan, a fictional character, to urge Netizens to think before they type and not let cyberharassment win.