Whither the Protection for Cyberstalking Victims? Some evidence from Malaysia

Cyberstalking leads to a chain of reactions such as identity theft, rape, and even murder. Despite the severe ramifications of cyberstalking, the perception of the adequacy of the law and the legal protection for victims remain ambiguous. This paper aims at examining the perception of the criminalisation of such crime, the gendered nature of such crime and the attendant legal protection for its victims. This paper adopts a qualitative methodology. The preliminary findings revealed that such crime is not considered as a gendered crime and there exists ambivalence on the perception of the crime and the legal protection of victims.    Keywords: Cyber Stalking, Criminalisation, Gender, Secondary Victimisation, Victim-Blaming Mentality.    eISSN: 2398-4287 © 2020. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open access article under the CC BYNC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia.DOI: https://doi.org/10.21834/ebpj.v5iSI1.229

Reporting Obligation of Lawyers under the AML/ATF Law in Malaysia

AbstractWithin the money laundering process, lawyers could become the potential vehicle for the launderers to conduct their illegal activities. In dealing with this problem, the Anti-Money Laundering and Terrorism Financing Act 2001 (AML/ATF) imposes a duty on the Malaysian lawyers to report any suspicious transactions to the authority. Employing a content analysis method, this conceptual paper examines such obligation and the impediments to reporting in many jurisdictions, including Malaysia. The lawyers’ reluctance to comply with their duties to report could be attributed to the culture of confidentiality and the fear of erosion of the principle of client-lawyer privilege

Governing the Risks of Cyber Bullying in the Workplace During the Era of Covid-19

With the advancement of ICT, cyberbullying has become more common than ever before, particularly in modern workplaces. With the requirement of working from home during the pandemic, cyberbullying within the workplace has skyrocketed within the past year. Cyberbullying can be classified as a traditional crime that has transcended to cyberspace as a result of technological advancements and the proliferation of numerous social media platforms. Despite widespread public concern about such crime in Malaysia, the legislative response to this crime is still somewhat slow due to the gaps in the current legislation governing cyberbullying. The legal landscape governing cyberbullying is still insufficient, due to the current legal framework being too general, making investigation and prosecution of the crime difficult. Cyberbullying can result in Post-Traumatic Stress Disorder, psychological problems, major physical and mental health problems, and even suicide. The purpose of this article is to investigate the notions of cyber bullying harassment, the risks associated with such crimes, and the legal and management mechanisms for dealing with such crimes. This research makes use of a doctrinal content analysis as well as secondary data from the law, academic journals, books, and online sources. According to the authors, unequal power relations in the workplace, anonymity, and cross-border connectedness are some of the rationales for cyberbullying, which can be expressed in a variety of ways with negative consequences for employers and employees alike. The inadequacy of the present traditional and computer-specific legislation in dealing with such crime necessitates the management of such crime

From Cıvıc Space to the Internet: Legıslatıng rıghts to peaceful assembly durıng pandemıc

With the social distancing measures implemented during Pandemic Covid 19, many peaceful assemblies have attempted to restructure, equip, and empower themselves creatively for online gathering. This incident emphasises the importance of digital tools, such as the Internet and ICTs, in exercising online rights to peaceful assembly and association. Given the above, this article attempts to deliberate on transforming rights to the peaceful assembly from offline to online and the legal challenges attached. The authors argue that the right to peaceful assembly and association is vital to ensuring enhanced transparency and accountability in implementing human rights  policies within countries. Keywords: Online; Peaceful Assembly; Fundamental Rights; Pandemic, Covid 19; International Law. eISSN: 2398-4287© 2022. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open access article under the CC BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians/Africans/Arabians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia. DOI: https://doi.org/10.21834/ebpj.v7iSI11.416

Copyright Concerns for Educators: Online Learning Post Pandemic Effect

Online distance education was once a process that was not easily been accepted by students, even by the educators, but when the pandemic strikes, they had to adopt and adapt the process in order to gain knowledge. The COVID-19 has resulted in shutting down schools, including tertiary institutions, all across the world. Consequently, education changed dramatically, and the mode of teaching was done remotely and on a digital platform. One of the adoptions of online learning involves using numerous online platforms and inserting interactive programs, music, animated graphics, photos in the teaching material to attract the interest of students. These types of works are, more often than not, copyrighted works that belong to someone. Generally, a license or permission must be sought before these works can be used by anyone. The permission or license, once granted, would involve a licensing fee or royalty payments to the copyright owner. However, this article looks at the law relating to the copyright exploitation awareness in the context of the law of intellectual property and the exceptions to this law, in particular, the scope of the hybrid fair dealing defence for education. This paper employs a doctrinal analysis using secondary data from academic journals, books, and online databases. The findings will respond to the legal framework for the understanding of copyright exploitation and its exception in the post-pandemic era

When love is jeopardized: Governing online love scams in Malaysia

In this era of globalization, the way people communicate and build relationships have evolved from the real world to cyberspace. The Internet creates opportunities for users to find romance and have affairs with people anywhere in the world. Due to this, apart from finding true love, many fall prey to the hands of scammers that aims to cheat another for money and even reputation. Last year, it was reported that more than sixty-eight million ringgit was loss due to romantic scams and the most targeted victims are lonely and elderly women. The main objective of this study the typology and the modus operandi of love scams. The paper would also analyze the existing problems in the current legal framework governing love scams and aims identify the loopholes within the current legislation in dealing with the problem. A doctrinal legal research method will be used in this article. The author contends that the scattered legal and regulatory landscape has contributed to the growing cases of love scam and thus, reform is needed to effectively govern the crime. In addition, the governance of cyber security can also be improved with the advancement of analytic tool to combat love scam in Malaysia

A study of the developer's liability on abandoned projects in Malaysia / Ros Adleen Othman, Wan Rosalili Wan Rosli

Housing development can be regarded as the main industry in Malaysia since it gives a big impact to our society especially in the economic, social and politics aspect. Our government has focused on various housing projects in both urban and rural areas in providing affordable housing to the public. Beside that, the government also relies on the private sector to achieve their vision to provide the sufficient accommodations in terms of housing to the public especially house buyers. Therefore, the private sector has contributed efforts to help in producing sufficient housing to the house buyers but due to certain circumstances, problems still occurs when the private developers itself has commit various offences in this industry. According to our research, there are various reasons of the abandonment of housing projects by the private developers for example the failure to complete the housing projects within the stipulated time agreed in the agreement. This study also reviews the statistics on abandonment of housing projects by private developers in Malaysia. Interviews have been carried out and data have been collected from the Ministry of Local Government and Housing (MHLG) and the Real Estate and Housing Development Association (REHDA). The data includes the categories of abandoned projects and factors that lead to the abandonment of those projects. This study also will provide recommendations in order to control and reduce the statistics of abandoned housing projects by the private developers

The Legal Protection of E-Consumers Against E-Commerce Fraud in Malaysia

In the past decade, E-commerce has developed and plays a vital role in our daily lives. However, fraud in E-commerce has increasingly become more prevalent and causes huge monetary loss, especially to E-consumers which usually results in them being unable to get what they have paid for. Fraudsters use various modus operandi to trick E-consumers such as displaying cheap goods via online platforms to induce them to pay for the goods. Despite considerable concerns about E-commerce fraud in Malaysia, the legislative sanction is still inadequate due to the deficiency of the existing legal framework. This paper examines the nature of E-commerce fraud, understand the modus operandi, and look into the legal protection afforded to E-consumers in Malaysia. It employs doctrinal content analysis and secondary data from the Malaysian Penal Code and the Communication and Multimedia Act 1998, academic journals, books, news articles and online databases. The authors contend that the lack of legal protection for E-consumers is due to the insufficiency of the law and the lack of awareness of the gravity of the such crime. Effective governance of fraud in E-commerce is imperative to facilitate prosecution and investigation and holistic protection for the victims of cyber fraud