Cover Image

Gatekeepers Liability for Internet Intermediaries in Malaysia: Way Forward

The advent of the Internet has changed how information and content were created, accessed, used, and distributed digitally. The Internet provides diverse opportunities for subscribers, users, private or business operators, and the public at large to enjoy fast and cheap global distribution and shari...

Full description

Saved in:
Bibliographic Details
Main Authors: Ida Shafinaz Mohamed Kamil, Ida Madieha bt Abdul Ghani Azmi
Format: Article
Language:English
English
Published: 2020
Subjects:
HB Economic theory. Demography
Online Access:https://eprints.ums.edu.my/id/eprint/26478/1/Gatekeepers%20Liability%20for%20Internet%20Intermediaries%20in%20Malaysia.pdf
https://eprints.ums.edu.my/id/eprint/26478/2/Gatekeepers%20Liability%20for%20Internet%20Intermediaries%20in%20Malaysia1.pdf
https://eprints.ums.edu.my/id/eprint/26478/
Tags: Add Tag
No Tags, Be the first to tag this record!
id my.ums.eprints.26478
record_format eprints
spelling my.ums.eprints.264782021-03-28T11:45:30Z https://eprints.ums.edu.my/id/eprint/26478/ Gatekeepers Liability for Internet Intermediaries in Malaysia: Way Forward Ida Shafinaz Mohamed Kamil Ida Madieha bt Abdul Ghani Azmi HB Economic theory. Demography The advent of the Internet has changed how information and content were created, accessed, used, and distributed digitally. The Internet provides diverse opportunities for subscribers, users, private or business operators, and the public at large to enjoy fast and cheap global distribution and sharing of information, knowledge, and entertainment. Internet intermediaries have primarily remained the gateway through which internet users can access and enjoy the vast flow of data, digital information, as well as content in cyberspace. Unfortunately, these internet intermediaries are at the receiving end of many legal disputes involving violations of intellectual property rights, in particular copyright infringements all over the world. Being the 'gatekeeper' to the Internet and web-based services, the internet intermediaries were arguably best placed to block and remove infringed contents. The imposition of liability to internet intermediaries under the 'gatekeeper' rationale is to identify that the intermediaries are capable of detecting the misconduct and sanction the misconduct. The question is, to what extend? In 1998, a safe harbour was created for internet intermediaries by the U.S. Digital Millennium Copyright Act (DMCA), provided that they complied with the obligatory duty to take down the infringing materials once they received the notice of takedown request. This approach has been followed worldwide, including Malaysia, where the internet intermediaries are bound by the Malaysian Copyright Amendment Act 2012 and the Malaysian Content Code to take down or block access to infringing content to avoid liability. Using doctrinal legal research, this paper analyses the applicability of the gatekeepers' liability for internet intermediaries in Malaysia. It examines the arguments placed forward for the liability of such intermediaries for infringing third-party content. The paper ends with a brief comparison of notice and takedown procedures practised in the US and Malaysia before concluding with some suggestions on the way forward. 2020 Article PeerReviewed text en https://eprints.ums.edu.my/id/eprint/26478/1/Gatekeepers%20Liability%20for%20Internet%20Intermediaries%20in%20Malaysia.pdf text en https://eprints.ums.edu.my/id/eprint/26478/2/Gatekeepers%20Liability%20for%20Internet%20Intermediaries%20in%20Malaysia1.pdf Ida Shafinaz Mohamed Kamil and Ida Madieha bt Abdul Ghani Azmi (2020) Gatekeepers Liability for Internet Intermediaries in Malaysia: Way Forward. International Journal of Business, Economics and Law, 21 (4). pp. 23-31. ISSN 2289-1552
institution Universiti Malaysia Sabah
building UMS Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Malaysia Sabah
content_source UMS Institutional Repository
url_provider http://eprints.ums.edu.my/
language English
English
topic HB Economic theory. Demography
spellingShingle HB Economic theory. Demography
Ida Shafinaz Mohamed Kamil
Ida Madieha bt Abdul Ghani Azmi
Gatekeepers Liability for Internet Intermediaries in Malaysia: Way Forward
description The advent of the Internet has changed how information and content were created, accessed, used, and distributed digitally. The Internet provides diverse opportunities for subscribers, users, private or business operators, and the public at large to enjoy fast and cheap global distribution and sharing of information, knowledge, and entertainment. Internet intermediaries have primarily remained the gateway through which internet users can access and enjoy the vast flow of data, digital information, as well as content in cyberspace. Unfortunately, these internet intermediaries are at the receiving end of many legal disputes involving violations of intellectual property rights, in particular copyright infringements all over the world. Being the 'gatekeeper' to the Internet and web-based services, the internet intermediaries were arguably best placed to block and remove infringed contents. The imposition of liability to internet intermediaries under the 'gatekeeper' rationale is to identify that the intermediaries are capable of detecting the misconduct and sanction the misconduct. The question is, to what extend? In 1998, a safe harbour was created for internet intermediaries by the U.S. Digital Millennium Copyright Act (DMCA), provided that they complied with the obligatory duty to take down the infringing materials once they received the notice of takedown request. This approach has been followed worldwide, including Malaysia, where the internet intermediaries are bound by the Malaysian Copyright Amendment Act 2012 and the Malaysian Content Code to take down or block access to infringing content to avoid liability. Using doctrinal legal research, this paper analyses the applicability of the gatekeepers' liability for internet intermediaries in Malaysia. It examines the arguments placed forward for the liability of such intermediaries for infringing third-party content. The paper ends with a brief comparison of notice and takedown procedures practised in the US and Malaysia before concluding with some suggestions on the way forward.
format Article
author Ida Shafinaz Mohamed Kamil
Ida Madieha bt Abdul Ghani Azmi
author_facet Ida Shafinaz Mohamed Kamil
Ida Madieha bt Abdul Ghani Azmi
author_sort Ida Shafinaz Mohamed Kamil
title Gatekeepers Liability for Internet Intermediaries in Malaysia: Way Forward
title_short Gatekeepers Liability for Internet Intermediaries in Malaysia: Way Forward
title_full Gatekeepers Liability for Internet Intermediaries in Malaysia: Way Forward
title_fullStr Gatekeepers Liability for Internet Intermediaries in Malaysia: Way Forward
title_full_unstemmed Gatekeepers Liability for Internet Intermediaries in Malaysia: Way Forward
title_sort gatekeepers liability for internet intermediaries in malaysia: way forward
publishDate 2020
url https://eprints.ums.edu.my/id/eprint/26478/1/Gatekeepers%20Liability%20for%20Internet%20Intermediaries%20in%20Malaysia.pdf
https://eprints.ums.edu.my/id/eprint/26478/2/Gatekeepers%20Liability%20for%20Internet%20Intermediaries%20in%20Malaysia1.pdf
https://eprints.ums.edu.my/id/eprint/26478/
_version_ 1760230504254144512
score 13.211869

Similar Items