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This Act provides a legal mandate to defend a free and open internet. Malaysia is one of the only countries in the world where a free and open internet is mandated by law. This mandate is overseen by the Malaysian Multimedia and Communications Commission (MMCC), an independent regulator tasked with oversight of mobile and internet providers (see below). (1) Section 3(3) CMA 1998 states: “Nothing in this Act shall be construed as permitting the censorship of the Internet.” (2) The CMA sets out the conditions for Malaysia’s objectives to create a national policy framework for the convergence industries. It establishes Codes of practice to self-regulate the content industries. (i) Section 213 CMA 1998 makes clear that a Content Code should be drafted in such a way as to provide model procedures for dealing with offensive...

The Amendment of Evidence Act 1950 introduced Section 114A. Presumption of fact in publication, providing (1) A person whose name, photograph or pseudonym appears on any publication depicting himself as the owner, host, administrator, editor or sub-editor, or who in any manner facilitates to publish or re-publish the publication is presumed to have published or re-published the contents of the publication unless the contrary is proved. (2) A person who is registered with a network service provider as a subscriber of a network service on which any publication originates from is presumed to be the person who published or re-published the publication unless the contrary is proved. (3) Any person who has in his custody or control any computer on which any publication originates from is presumed to have published or re...

This thesis examines selected legal issues of copyright law in respect of the internet. The thesis focuses on Malaysian and UK Copyright law concerning; accessing web pages; linking; framing and caching. Since the internet is in use globally, law at an international, regional and national level have been examined in order to find solutions to these selective issues. At the regional level, European Union law is analysed. The Information Society Directive covers two of the selected issues (accessing web pages and caching). However there are still gaps in the Information Society Directive regarding the two other issues of framing and linking. In UK Copyright law, since the UK has implemented the Information Society Directive, a new section has been added to the Amendment Act, which covers accessing web pages and caching...

The report argues that (1) Malaysia’s safe harbor provisions can be improved if: (i) it will be made clear that the duties to cooperate are triggered by a compliant notice or if the service provider knows or is aware of facts and circumstances from which the infringement is apparent; (ii) injunctive or other equitable relief can be used in case of uncooperative service providers; (iii)service providers have in place a fair and effective termination policy for repeat infringers and that those that fail to inform their customers and implement such a policy would not be eligible for the safe harbors. (2) The IIPA also criticized the “48-hour” rule for takedowns, which they deem “too slow for “pre-release” materials (movies, music, games, software, or published materials not yet available in Malaysia).” Since automated...

Peter Leung, How Malaysia escaped the US IP Watch List, MANAGING INTELL. PROP. May 7, 2012 (pointing out that by introducing the immunity from secondary liability for copyright infringement under the condition of protection, Malaysia averted that it was placed under the 2012 Section 301 Watch list (an annual list published, since 1989, of countries which the US claims insufficiently protected and enforced the intellectual property rights of US companies and individuals). 2012 Special 301 Report, Ambassador Ronald Kirk, Office of the United States Trade Representative (because Malaysia established “a mechanism for cooperation by Internet service providers (ISPs) against piracy over the Internet” and passed other copyright amendments, the United States has removed Malaysia from the Watch List.) K. Pragalath, Repeal or...

Malaysia considered the establishment of an internet filter similar to the Green Dam project in China. Niluksi Koswanage, Malaysia Examines Internet Filter, Tougher Controls, Reuters, Aug. 6, 2009. Malaysia did not do it since it would hurt freedom and foreign direct investments. Razak Ahmad and Royce Cheah, Malaysia Backs off Internet Filter Plan, Reuters, Aug. 7, 2009. The Malaysian Communications and Multimedia Commission, which issued the tender, said it was a study on Internet usage so as to boost Malaysian content on the Internet and that reports of a filter were “sensationalized”. But a copy of the tender documents, seen by Reuters, appeared to contradict that statement. Niluksi Koswanage and Razak Ahmad, Malaysia to Cancel Internet Filter, Reuters, Aug. 12, 2009.