Tag: 114A Evidence Act 1950

  • Bread & Kaya: Dear Attorney General Tommy Thomas, we need to speak about our Malaysia cyberlaw and IT laws reforms

    By Foong Cheng Leong | Jun 22, 2018 – Act is clearly against the very fundamental principal of “innocent until proven guilty” – Need law to curb creation of fake news, especially if created to stoke racial or religious sentiments Repeal of 114A of Evidence Act 1950 WHEN s. 114A was introduced in the Parliament […]

  • Bread & Kaya: 2017 Cyberlaw cases Pt3 – sexual offences against children and computer crimes

    By Foong Cheng Leong | Mar 30, 2018 – Sending death threats using someone else’s mobile phone is not OK – 2018 will mark interesting year for cyber related cases including Uber driver suing Uber THE first statute in Malaysia to use the term “social media” is part of the law designed to protect children […]

  • Bread & Kaya: Are WhatsApp admins going to jail?

    Bread & Kaya: Are WhatsApp admins going to jail? By Foong Cheng Leong | May 02, 2017 – Two key elements in s. 233 are not fulfilled by a group chat admin – To use s. 114A to attach liability on a group chat admin is stretching s. it too far I REFER to the […]

  • Bread & Kaya: Tracing someone online

    Bread & Kaya: Tracing someone online Nov 17, 2014 – Getting the IP address is one way, but may not always be possible – On issue of defamation, Section 114A has been applied retrospectively ONE of the most difficult issues to deal with in cybercrime or cyber-bullying cases is finding the perpetrator online. My years […]

  • Netizens v the Government

    2012 saw the intensified battle between netizens and the authorities. The former desires protection of their right to freedom of expression and anonymity whereas the latter desires control and governance. Through this battle, the authorities introduced many new legislations to govern the use of internet. In July 2012, the Malaysian Government enforced s. 114A of […]

  • GE13 Candidates and 114A

    Published on LoyarBurok on 16 April 2013. I am no expert in election laws but GE13 Candidates should take note of this. If you are running a blog, I suggest you moderate or close the comments section until and after the 13th General Election. The reason why I say so is because s.114A(1) of the […]

  • Bread & Kaya: Looks can be deceiving!

    My 3rd issue of Bread and Kaya was published by Digital News Asia on 7 March 2013. Bread & Kaya: Looks can be deceiving! – Under Malaysian laws, what amounts to obscene, indecent, false, menacing or offensive in character is quite wide – Sessions Court decisions perhaps the reasons why Section 114A of the Evidence […]

  • Cyber Law – The Light in 114A Cyber Law Development in Malaysia

    I will be speaking at the ALSA National Forum 2013 on the topic “Cyber Law – The Light in 114A Cyber Law Development in Malaysia” on 16 March 2013. The other speakers will be Miss Jaspal Kaur Sadhu Singh of HELP University, and Mr Anselm Charles Fernandis from the Attorney’s General Chambers.

  • Bread & Kaya: Attention e-commerce businesses: Fraud, the law and you

    My Bread & Kaya’s second column was published on Digital News Asia on 29 January 2013. Attention e-commerce businesses: Fraud, the law and you Jan 29, 2013 – A new law to protect users of online trading portals goes into effect July 1 – While it may cost them a bit, operators of such businesses […]

  • PDPA: Businesses have responsibilities and burdens

    I was invited to contribute to a monthly column in Digital News Asia which I named it as Bread & Kaya. The column will have legal news relating to intellectual property, cyberlaws, franchise, data privacy and the like. My first article “PDPA: Businesses have responsibilities and burdens” was published on 31 December 2012. Dec 31, […]