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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.

(1) Malaysia is one of the negotiating partners of the Trans-Pacific Partnership (TPP) Agreement. The intellectual property chapter of one of the drafts was published by WikiLeaks in November 2013. (2) It is clear that a notice and take down procedure is on the wish list of some countries. Article QQ.I.1 Malaysia, conform its current legislation, proposes that “Each Party shall limit the liability of, or the availability of remedies against, internet service providers.” (3) Malaysia opposes Canada’s proposal that “Eligibility for the limitations in the previous paragraph may not be conditioned on the internet service provider monitoring its service, or affirmatively seeking facts indicating infringing activity.”

The CMCF was established in February 2001 under the CMA 1998 to govern electronic content and address content related issues. Designated by the Malaysian Communications and Multimedia Commission (MCMC) on 29 March 2001, the CMCF is made up of six member categories: advertisers, audiotext hosting service providers, broadcasters, civic groups, content creators/distributors and Internet Access Service Providers in Malaysia.

The Code was officially registered with the MMCC with effect from 1 September 1, 2004. (1) Paragraph 6.4 Content Code states that apart from the relevant legislation under the CMA 1998, “all applicable Malaysian Laws including but not limited to sedition, pornography, defamation, protection of intellectual property and other related legislation are to be complied with.” (2) Paragraph 2.0 provides a definition of the innocent carrier concept, which corresponds to Sections 43B, C, D and E, in the sense that when code subjects provide access to any content but have neither control over the composition of such content nor any knowledge of such content they are deemed innocent carriers, therefore not responsible for the content provided. Nonetheless, this does not exempt such access providers from adhering to the General...

This is one of series of country reports prepared for the Council of Europe in 2015. Other countries' reports, and responses from national governments, are available here. The studies undertake to present the laws and, in so far as information is easily available, the practices concerning the filtering, blocking and takedown of illegal content on the internet.

Amendments to various provisions of the Mexican Federal Copyright Law were approved to conform to the dispositions of our new Free Trade Agreement named United States, Mexico and Canada Agreement (USMCA), which will take effect on July 1st, 2020. Thus, on July 1st, 2020, an important reform to the Mexican Federal Copyright Law was published in the Official Gazette. It must be noted that, as commented in the previous publications in this section, before these amendments, Mexico had no provisions regarding obligations or liability for ISPs related to the unauthorized display of copyrighted contents. Although Mexico had already signed the TPP 11 or CPTPP on April 24, 2018, members decided to suspend 11 (eleven) provisions contained in Chapter 18, including those related to ISPs liability. So it is the first time that...