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Malaysian Stop Section 114A, Infographic How It will Affect You

A friend borrows Bob's tablet to post a tweet about the questionable activities of a famous businessman. Bob frequently uses mobile electronic devices, including his mobile phone and tablet computer, to update his Twitter account. His devices are set to automatically sign into his account when he visits the website or opens a mobile Twitter app. Unfortunately, his friend forgets to sign out of Bob's Twitter account, and the tweet is accidentally posted under Bob's username! STOP 114A AVERAGE INTERNET USERS The businessman discovers the tweet and decides to sue for defamation. BURDEN OF PROOF PRESUMPTION OF GUILT Under Section 114A, Bob is guilty of publishing the tweet and can be sued. Bob needs to prove he didn't do it. SECTION 114A: Sarah maintains a blog that is open to comments from the public. Section 114A, “Presumption of Fact in Publication", is a new amendment to the Evidence Act 1950. She frequently discusses national politics on her blog and hopes to stimulate public dialogue about pressing political issues. In response to one of Sarah's blog entries, a reader posts a comment about a wrongdoing and names the monarch involved. BLOGGERS AND FORUM ADMINS The amendment, passed in parliament with little debate in April 2012, states that any owner, administrator, host, editor, subscriber of a network or website, or owner of a computer or mobile device is presumed to have published or re-published its contents. The comment is deemed seditious by authorities. Under Section 114A, Sarah is deemed the publisher of the comment and can be tried for sedition or for improper use of network facilities under Section 233 of the Communications and Multimedia Act 1998. BURDEN OF PROOF PRESUMPTION OF GUILT This law will impact anyone who uses the Internet, computers, devices - which means just about EVERYONE, from individual users to businesses. or mobile After ordering a cup of coffee, Ana sits at a table and connects her laptop to the kopitiam's Wifi network, She creates a YouTube account under a false A kopitiam offers its customers free wireless You Tube Internet. To access the Internet, customers must ask an employee for the password to the kopitiam's network, “KopiWifi". Because the law has only recently been gazetted, we don't know exactly how it will be applied, but here are a just a few possible scenarios that can happen as a result of Section 114A. name and uploads an animated cartoon she made that falsely implicates a prominent politician in a political scandal. INTERNET INTERMEDIARIES The wrongfully accused politician wants to sue for defamation, but since the video was posted anonymously, authorities cannot identify the rightful publisher. However, authorities can identify that the video was published on the network registered under “KopiWifi". HOW WILL IT AFFECT YOU? BURDEN OF PROOF PRESUMPTION OF GUILT Defined as an lInternet intermediary under Section 114A, the kopitiam could be held accountable for Ana's video and may be charged with defamation or charged for improper use of network facilities under Section 233 of the Communications and Multimedia Act 1998. Adam set up a private Wifi network in his apartment. Any device within 500m of his home can detect Adam's Wifi. ohan's computer is within the range of Adam's Wifi network. After a few attempts, Johan successfully connects to Adam's network and 'leeches' (i.e. piggybacks) Adam's Wifi without his knowledge or consent. The network is password-protected, but the password is not very strong. While he is connected to Adam's network, Johan sends an email to all his contacts that accuses his boss of wrongdoing Johan uses a false name in his e-mail address to conceal his identity. VICTIMS OF CYBER-CRIME After receiving the email, Johan's boss seeks to sue the sender for defamation. The authorities trace the email back to Adam's private Wifi network. BURDEN OF PROOF PRESUMPTION OF GUILT According to Section 114A, Adam is deemed the publisher and could be sued for a defamatory email he did not send. LEARN MORE ABOUT STOP 114A: STOP114A.WORDPRESS.COM | FACEBOOK.COM/EVIDENCEAMENDMENTACT | TWITTER.COM/CIJ_MALAYSIA #STOP114A

Malaysian Stop Section 114A, Infographic How It will Affect You

shared by linuxmalaysia on Aug 14
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BURDEN OF PROOF Section 114A: The amendment, passed in parliament with little debate in April 2012, states that any owner, administrator, host, editor, subscriber of a network or website, or owner ...

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