After the 14th General Election, the alternative Government made adjustments to our sphere of cyber and IT legal guidelines. The new Government withdrew numerous expenses below s.233 of the Communications and Multimedia Act 1998, mainly against people who had allegedly spoken in opposition to the preceding Government.
The Anti-Fake News Act 2018, that turned brought forward earlier before the 14th General Election, was quickly passed by the House of Representatives through the Anti-Fake News (Repeal) Bill 2018; however, it turned into thwarted by the Senate. One man or woman has been charged and sentenced under this Act.
There has additionally been an array of interesting cyber- and IT-associated instances in our Courts.
A worker was dismissed from his position as his conduct amounted to sexual grooming under the Sexual Offences Against Children Act 2017. His motion became recorded and featured in an undercover divulge with the aid of the Star newspaper team of reporters known as The STAR R.AGE Team.
We saw the primary choice at the legal responsibility of online carrier companies, i.E whether they may be responsible for trademark infringement for the sale and commercial of their Merchants’ merchandise published on their internet site.
We also noticed more adoption of the digital carrier of Court files. In 30 Maple Sdn Bhd v Noor Farah Kamilah Binti Che Ibrahim (Kuala Lumpur High Court Suit No: WA-22IP-50-12/2017), the Intellectual Property High Court granted a utility to serve a Writ and Statement of Claim thru electronic mail and WhatsApp messenger after it could not find the Defendant at her ultimate regarded deal with.
Traditionally, when a Defendant can’t be placed, a Plaintiff might commonly ask the Court to allow an observation regarding the lawsuit to be published inside the newspaper, amongst others. The modern Rules of Court 2012 do not expressly recognize the digital service of Court documents, notwithstanding that humans are extra cells nowadays. Furthermore, the chance of being able to communicate with someone online is an awful lot higher than in person.
PKR communications director and Member of Parliament for Lembah Pantai, Fahmi Fadzil’s civil suit against the Malaysian Communications and Multimedia Commission and Numeral (M) Sdn Bhd (Ahmad Fahmi Bin Mohamed Fadzil v Suruhanjaya Komunikasi dan Multimedia & Anor (Kuala Lumpur Sessions Court Suit No. WA-A52-2-02/2018)) for allegedly failing to protect his private records, which resulted in the leakage of his non-public information, together with the private facts of forty-six million cell subscribers, has now been settled. This has become one of Malaysia’s biggest data leaks. However, the terms of the settlement have not been disclosed.
