Law

1. Types of Law
applicable in
Malaysia
PREPARED BY MISS SHERYL

2. Need for Cyber Law
Tackling Cyber Crimes
Intellectual property rights and copyrights protection act

3. Source of Laws in Malaysia
The source of the Malaysian Law mean the legal rules that make the laws in Malaysia.
It can be classified into written and unwritten law.
Written law includes:
Federal Constitution.
State Constitution.
Unwritten law includes:
English law.
Islamic law.

4. Source of Laws in Malaysia
The Malaysian Government has enacted several set of regulations.
This is to deal with the problems and crimes related to networked information devices and
technologies.
Providing an inclusive framework of societal and commerce-enabling laws.
Started early (1997).

5. Source of Cyber Laws in Malaysia. Cont..
It have to cover aspects regarding security of information and network reliability.
Various topics had been covered by the regulations such as:
Intellectual property.
Freedom of expression.
Copyright.
Privacy.

6. Source of Cyber Laws in Malaysia. Cont..
The source of cyber law in Malaysian can be classified into written and unwritten law.
Written law includes:
Constitution.
Legislation.
Subsidiary legislation.
Unwritten law includes:
Foreign law.
Judicial precedent .

8. Types of Law applicable in Malaysia
1) Communication and Multimedia Laws
2) Computer Crime Act 1997
3) Copyrights Law
4) Digital Signature Act 1997
5) Telemedicine Act 1997

9. Communication and Multimedia Laws
Endorsed in April 1999.
The Communication and Multimedia Act 1998 creates a new system of licenses and defines the roles
and responsibilities of those providing communication and multimedia services.
The implementation of Communication and Multimedia Act 1998 ensures that information is secure,
the network is safe, reliable and the service is affordable all over Malaysia.
In Malaysia, you can use this Act for any cases regarding your internet service provider and see
whether they got accuses of part of this law.
This Act also ensures high level of user’s confidence in the information and communication
technology industry.

10. Computer Crime Act 1997
Protection against the misuses of computers and computer criminal activities are ensured by the
Act.
Example of crimes:
• Unauthorized use of programs
• Illegal transmission of data or messages over computers
• Hacking or cracking of computer systems and networks.
Computer crimes are banned by this law. Those who disobey this law can be charged.

11. Computer Crime Act 1997
By implementing the Computer Crimes Act 1997, computer users can now protect their rights to
privacy and build trust in the computer system.
This Act also enable the government to track the illegal activities, thus reducing the cyber crimes
cases.

12. Copyrights Law
Brought into force in April 1999.
The Copyright (Amendment) Act amends the Copyright Act 1987 to extend copyright law to the new
and converged multimedia environment.
It serves to protect the expression of thought and creative ideas from unauthorized copying or
alteration.

13. Copyrights Law
Copyright, a form of intellectual property law, protects original works of authorship including
literary, dramatic, musical and artistic works, such as poetry, novels, movies, songs, computer
software and architecture.
Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect
the way these things are expressed.
Copyright laws grant exclusive rights to the creator of an original piece of work.
Usually, these rights are extended for a limited time.

14. What are the Rights Granted by Copyright Law
Technically, it is “the right to copy” your work.
But also give the copyrights holder the right:
To be credited for the work
To determine who may adapt the work to other forms
To decide who may perform the work
To decide who may financially benefit form it.

15. How long does a Copyright last?
For works created after January 1, 1978, copyright protection lasts for the life of the author plus an
additional 70 years.
For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for
a term of 95 years from the year of its first publication or a term of 120 years from the years of its
creation, whichever expires first

16. Copyright Infringement
If you use a copyrighted work without authorization, the owner may be entitled to bring an
infringement action against you.
Anyone found to have infringed a copyrighted work may be liable for statutory damages up to
$30,000 for each work infringed and, if willful infringement is proven by the copyright owner, that
amount may be increased up to $150,000 for each work I fringed
In addition, an infringer of a work may also be liable for the ottorney’s fees incurred by the copyright owner to
enforce his or her rights.

17. Digital Signature Act 1997
Enforced on October 1998
Secures electronic communications especially on the Internet
Digital Signature is an identity verification standard using encryption techniques to protect against e-
mail forgery.
The encrypted code consists of the user’s name and a hash of all the parts of the message.
By attaching the digital signature, one can ensure that nobody can eavesdrop, intercept or temper
with the transmitted data.
By doing so, a more secure and safe electronic communication could be done.

18. Why the Act Exists?
Transaction conducted via internet increasing
Identities and message can be falsified
Need purchaser and identify for the integrity on message
Removing doubt and possibility of fraud

19. What the Act is about?
Provides for regulations of public key infrastructure
Make digital signature legally valid and as traditional signature

20. Telemedicine Act 1997
One of the legislative initiatives by Malaysia to ensure that the law is keeping pace with the
development of electronic medicine and telemedicine.
An Act to prewide for the regulation and control of the practice of telemedicine; and for matters
connected therewith.
First enforce in Mac 1997
To provide medical services from remote locations using electronic medical data and prescription
standards, with knowledge that their treatment will be covered under insurans programs.

21. Why the Act Exists?
Healthcare system and provide around the world are becoming interconnected.
Unclear quality healthcare advice and consultation from specialist because does not have true value
To regulate practice of teleconsultation in medical profession

22. What the Act is about?
Provides that any registered doctor may practice “telemedicine”, but other healthcare provides must
first obtain a license to do so.

23. Interpretation of this Act
Telemedicine as define as the practice of medicine using audio, visio and data communication
It show that telemedicine must include all these types of communication in order to use this act
Requires fully registered medical practitioners to obtain a certificate to practice telemedicine
Valid for three years from Malaysian Medical Council

24. Punishment of the Act
Medical practitioners does not have fully registered licence
RM500,000 (US$125,000) and or imprisonment up to 5 years.
Does not have written consent of the patient
Fine up to RM100,000 (US$25,000) and or imprisonment up to 2 years.