Cyber Defamation: A Comparative Analysis of the Legal Position in Malaysia and the United Kingdom
The phenomenal explosion of the information and communication technology (ICT) has brought great changes to our daily lives. And with the advent of numerous kinds of Internet communications such as electronic mails (e-mails), chat groups, online fora, web logs (blogs), social media platforms an...
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my-unisza-ir.2652020-10-20T07:27:50Z http://eprints.unisza.edu.my/265/ Cyber Defamation: A Comparative Analysis of the Legal Position in Malaysia and the United Kingdom Khairun-Nisaa, Asari Nazli, Ismail@Nawang K Law (General) T Technology (General) The phenomenal explosion of the information and communication technology (ICT) has brought great changes to our daily lives. And with the advent of numerous kinds of Internet communications such as electronic mails (e-mails), chat groups, online fora, web logs (blogs), social media platforms and many others, Internet users are able to easily publish and disseminate any kind of information to the public at large. Unfortunately, the ease of use of these online media has on several occasions been misused by unscrupulous individuals for publishing defamatory remarks in the cyber world. At present, reported cases of cyber defamation have been on the rise in Malaysia. In relation thereof, the paper embarks on a doctrinal study to examine the efficacy of the existing regulatory regime that governs such a crime. In so doing, the study will analyse the provisions of the Malaysian Defamation Act 1957 (the primary source of law for defamation) and relevant reported cases that have been decided by the Malaysian judiciary. Apart from that, a comparative analysis with the position in the United Kingdom after the enactment of the English Defamation Act 2013 will be made since the Malaysian statute was drafted far back in the 1950s and since then no significant amendment was made to reflect the advancement of the Information Age. Finally, this paper will attempt to highlight any loopholes or lacunae in the existing laws and possible suggestions and recommendation as part of its conclusion. 2014 Conference or Workshop Item NonPeerReviewed text en http://eprints.unisza.edu.my/265/1/fh03-FLAIR-15-03065.pdf Khairun-Nisaa, Asari and Nazli, Ismail@Nawang (2014) Cyber Defamation: A Comparative Analysis of the Legal Position in Malaysia and the United Kingdom. In: Proceedings of the International Conference on Information Security and Cyber Forensics, 08-10 October 2014, Kuala Terengganu, Malaysia. |
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K Law (General) T Technology (General) Khairun-Nisaa, Asari Nazli, Ismail@Nawang Cyber Defamation: A Comparative Analysis of the Legal Position in Malaysia and the United Kingdom |
description |
The phenomenal explosion of the information and
communication technology (ICT) has brought great
changes to our daily lives. And with the advent of
numerous kinds of Internet communications such as
electronic mails (e-mails), chat groups, online fora,
web logs (blogs), social media platforms and many
others, Internet users are able to easily publish and
disseminate any kind of information to the public at
large. Unfortunately, the ease of use of these online
media has on several occasions been misused by
unscrupulous individuals for publishing defamatory
remarks in the cyber world. At present, reported
cases of cyber defamation have been on the rise in
Malaysia. In relation thereof, the paper embarks on
a doctrinal study to examine the efficacy of the
existing regulatory regime that governs such a
crime. In so doing, the study will analyse the
provisions of the Malaysian Defamation Act 1957
(the primary source of law for defamation) and
relevant reported cases that have been decided by
the Malaysian judiciary. Apart from that, a
comparative analysis with the position in the United
Kingdom after the enactment of the English
Defamation Act 2013 will be made since the
Malaysian statute was drafted far back in the 1950s
and since then no significant amendment was made
to reflect the advancement of the Information Age.
Finally, this paper will attempt to highlight any
loopholes or lacunae in the existing laws and
possible suggestions and recommendation as part of
its conclusion. |
format |
Conference or Workshop Item |
author |
Khairun-Nisaa, Asari Nazli, Ismail@Nawang |
author_facet |
Khairun-Nisaa, Asari Nazli, Ismail@Nawang |
author_sort |
Khairun-Nisaa, Asari |
title |
Cyber Defamation: A Comparative Analysis of the Legal Position in Malaysia and the United Kingdom |
title_short |
Cyber Defamation: A Comparative Analysis of the Legal Position in Malaysia and the United Kingdom |
title_full |
Cyber Defamation: A Comparative Analysis of the Legal Position in Malaysia and the United Kingdom |
title_fullStr |
Cyber Defamation: A Comparative Analysis of the Legal Position in Malaysia and the United Kingdom |
title_full_unstemmed |
Cyber Defamation: A Comparative Analysis of the Legal Position in Malaysia and the United Kingdom |
title_sort |
cyber defamation: a comparative analysis of the legal position in malaysia and the united kingdom |
publishDate |
2014 |
url |
http://eprints.unisza.edu.my/265/1/fh03-FLAIR-15-03065.pdf http://eprints.unisza.edu.my/265/ |
_version_ |
1681493210212335616 |
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13.211869 |