Research the cyber criminal acts and laws in malaysia

Status regarding Budapest Convention

Status : NA Declarations and reservations : N/A See legal profile

Cybercrime policies/strategies

On October 12, 2020 the Government of Malaysia launched the Malaysia Cyber Security Strategy (MCSS) 2020-2024. The key objectives are categorised into five strategic Pillars that will govern all aspects of cyber security planning and implementation in Malaysia until 2024.

The five strategic pillars are:

Addressing enhancement of the management of national governance and cyber security by improving the country's critical information and communication technology (ICT) infrastructure as well as raising the ability to deal with cyber security issues effectively.

Strengthening the enforcement of existing cyber security policies and standards by reviewing digital legislation as well as formulating specific laws to deal with cyber security.

Empowering innovation and world-class technology for adopting cyber security tools and techniques.

Improving development capacity as well as cyber security skills and capabilities to protect Malaysian interests.

Enhancing international cooperation by activating regional and international cooperation to protect national digital interests and assets.

The MCSS consists of 12 strategies, 35 action plans and 113 programmes encompassing various initiatives to safeguard the nation’s cyberspace. The Communications and Multimedia Ministry (KKMM) and the National Cyber Security Agency (NACSA) are tasked with formulating, implementing, monitoring and coordinating the medium-term action plan.

Malaysia was one of the first nations in South-East Asia to adopt a National Cyber Security Policy (NCSP). Formulated in 2006, the NCSP anchored the establishment of the relevant government agency and provided a solid foundation for the MCSS 2020-2024.

Cybercrime legislation

State of cybercrime legislation

Computer Crimes Act and Communications and Multimedia Act of Malaysia provide for several substantive law provisions, such as partial implementation of illegal access, illegal interception, data/system interference and misuse of devices. Sexual Offences against Children Bill of 2017 addresses the offence of child pornography.

Although the Evidence Act (1950) does contain references to admissibility of electronic evidence, specific implementation of procedural powers corresponding to the Budapest Convention is not found.

Cybercrime investigations are governed by a number of pieces of legislation:

Substantive law

The Computer Crimes Act, Penal Code, Copyright Act and Communications and Multimedia Act of Malaysia provide for several substantive law provisions, such as partial implementation of illegal access, illegal interception, data/system interference and misuse of devices, conventional and cyber fraud, copyright infringements. The Sexual Offences against Children Bill of 2017 addresses the offence of child pornography.

Procedural law

The Evidence Act contains references to admissibility of electronic evidence.

The Computer Crimes Act is covering such aspects as Powers of search, seizure and arrest.

The Communications and Multimedia Act 1998 is detailing Powers of entry, investigation into offences and prosecution; General duty of the licenses, Powers of Entry, Investigation into Offences and Prosecution, Access to computerised data; Power to intercept communications; Improper use of network facilities and network services; Prohibition on provision of offensive content.

Safeguards

The Federal Constitution of Malaysia protects the Fundamental Liberties.

Section 252 of Communication sand Multimedia Act 1998 – Power to intercept covers requirement to make application and obtain authorisation from Public Prosecutor prior to conducting interception.

Related laws and regulations

Cybercrime investigations are governed by a number of pieces of legislation:

Specialised institutions

Cybercrime offences are investigated by several relevant enforcement agencies:

Other relevant initiatives:

International cooperation

Competent authorities and channels

Pillar V of Malaysia Cyber Security Strategy (MCSS) 2020-2024 refers to strengthening of global collaboration.

Malaysian law already provides the mechanism for international cooperation to combat the increasingly globalised crime of cybercrime as follows:

Section 9 of the Computer Crimes Act 1997 expressly refers to territorial scope of offences, stating that:

  1. The provision of this Act shall, in relation to any person, whatever his nationality or citizenship, have effect outside as well as within Malaysia, and where an offence under this Act is committed by any person in any place outside Malaysia, he may be dealt with in respect of such offence as if it was committed at any place within Malaysia;
  2. For the purposes of subsection (1), this Act shall apply if, for the offence in question, the computer, program or data was in Malaysia or capable of being connected to or sent to or used by or with a computer in Malaysia at the material time;
  3. Any proceeding against any person under this section which would be a bar to subsequent proceedings against such person for the same offence if such offence was committed in Malaysia shall be a bar to further proceedings against him under any written law relating to the extradition of persons, in respect of the same offence outside Malaysia.

Competent authorities and channels

The main institutions dealing with extradition issues and mutual legal assistance in criminal matters are the Ministry of Home affairs, Attorney General Chambers, Sessions Court and Magistrate Court and High Court .

Jurisprudence/case law