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COMPUTER CRIME ACT 1997

WHAT IS COMPUTER CRIME ACT 1997? The Act aims to provide for offenses relating to the misuse of computers.  Among other things, it deals with unauthorized access to computer material, unauthorized access with intent to commit other offenses and unauthorized modification of computer contents. It also makes provisions to facilitate investigations for the enforcement of the Act. Unauthorized access with intent to commit or facilitate commission of further offence  4. (1) A person shall be guilty of an offence under this section if he commits an offence referred to in section 3 with intent—  (a) to commit an offence involving fraud or dishonesty or which causes injury as defined in the Penal Code [Act 574]; or  (b) to facilitate the commission of such an offence whether by himself or by any other person. ISSUE: In  Rose Hanida Binti Long lwn Pendakwa Raya  (Kuala Lumpur High Court Criminal Appeal No. 42K–(115–124)-09/2016), the appellant was c...

COMMUNICATION AND MULTIMEDIA ACT 1998 : SECTION 211 & 233

What is section 211 and 233 of the CMA 1998? section 211 (1) provides that: No content applications service provider, or other person using a content application service, shall provide content which is indecent, obscene, false, menacing, or offensive in character with intent to annoy, abuse, threaten or harass any person. the punishments are fine up to RM50,000 or imprisonment not exceeding one year and further fine of RM1000 for each day that the continuance of that offence after the offender had been convicted by the court. Section 233 (1)  further provides: Improper use of network facilities or network service,  etc.  233.  (1) A person who—  (a)  by means of any network facilities or network service or applications service knowingly—  (i) makes, creates or solicits; and (ii) initiates the transmission of,  any comment, request, suggestion or other communication which is obscene, indecent, false, menacing or offensiv...