13 September 2009

Cyber Crime : Offending posting on websites/blogs






S211 of the Communication & Multimedia 1988 (CMA) prohibits the postings of indecent or offensive postings on Blogs/website. A look at S211 states:-




211. Prohibition on provision of offensive content.

(1) No content applications service provider, or other person using a content applications service, shall provide content which is indecent, obscene, false, menacing, or offensive in character with intent to annoy, abuse, threaten or harass any person.


(2) A person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both and shall also be liable to a further fine of one thousand ringgit for every day or part of a day during which the offence is continued after conviction.


Recently a news update from Bernama reported a case where a Bank officer was charged for posting an obscene blog title. He was charged under S233 of the CMA, a provision which we had blogged back in March 2009. The Malaysian Body regulating the Multimedia Industry is the Malaysian Communication & Multimedia Commission (MCMC) and has useful comments on the said S233. Please see link where S233is referred as part of Laws against Spamming.

For extra reading, you may visit this Blog, www.xes.cx; where the author is a Malaysian Lawyer who is well versed in Intellectual Property Law and Information Technology Law. 


We would encourage you to apply your mind and thoughts to these provisions before you make any postings on any website and/or blog.




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