Cyber Bullying: Are the laws curbing cyber bullies?

The Star Online published several articles in 2012 on the controversial amendment of Section 114(a) of the Evidence Act which shoved the burden, responsibility and ownership of any offending postings on the internet to the account owner. Section 114(a) of the act includes:

• If your name, photograph or pseudonym appears on any publication depicting yourself as the author, you are deemed to have published the content; 
• If a posting comes from your Internet or phone account, you are deemed to be the publisher unless the contrary is proved.

Logically speaking, of course all internet users should bear the responsibility of what messages or pictures they post on the internet under their account. This is to “educate” internet users to be responsible about what they write about, publicly and socially, so as not to offend or harass anyone. Well, it seems this could also be a way to curb dissent. But, what about curbing cyber bullies? What would happen to the innocent victims being framed for offending messages, pictures or postings they never actually posted on their own? It’s no surprise to anyone that teenagers hack into friends’ accounts nowadays just for fun. It is so common today for one’s accounts to be hacked; therefore, it is just as easy to post malicious messages using someone else’s Facebook or Twitter.

Here are some existing cyber laws of Malaysia in hope of curbing cyber bullies:

Computer Crime Act 1997

Section 3: Unauthorized access to computer material

A person convicted of this offence will be liable to a fine of not more than RM50,000 or not more than five years imprisonment or both.

Section 4: Unauthorized access with intent to commit or facilitate commission of further offence

A person convicted of this offence will be liable to a fine of not more than RM150,000 or not more than ten years imprisonment or both.

Section 5: Unauthorized modification of the contents of any computer

A person convicted of this offence will be liable to a fine of not more than RM100,000 or not more than seven years imprisonment or both.

Communications and Multimedia Act 1998

Section 211: Prohibition on provision of offensive content

A person who provide content which is indecent, obscene, false, menacing, or offensive in character with intent to annoy, abuse, threaten or harass any person.

Section 233: Improper use of network facilities or network service, etc.

A person who makes, creates or solicits and 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.

Upon conviction of any of the above offences, the person shall be liable to a fine of not more than RM50,000 or not more than one year imprisonment or both.

The Cyber Security Malaysia posted a cover story on Cyber Bully in 2004 which included a sub topic on “How to deal with online harassment”.

Here is what to do when you have been harassed, flamed or spammed online:

• Do not ever reply to spam or junk mail as this would confirm your email address and end up receiving more spam 
• Ignore all hate and flaming mails as much as possible because these criminals usually anticipate your response. 
• If these mails cause you distress or you feel your life might be threatened or in danger, please lodge a report to the nearest police station

Apart from the above, please also lodge a report to MyCert (Malaysia Computer Emergency Response Team). The website contains a Cyber999 Help Centre where internet users can report any computer crime incidents through web reporting, email, SMS, phone or fax.

Sources: ReginaLee, 27 May 2012, Cyber bullies and stalkers often get away because of lack of evidence, The Star Online; Regina Lee, 19 August 2012, Backing for Section 114, The Star Online; Edmund Ngo; 24 August 2012, Section 114A of the Evidence Act stays, The Star Online; Anita Anandarajah, 30 September 2004, Cover Story: Cyber Bully, CyberSecurity.my