PETALING JAYA, June 11 — From online shopping to the way we watch movies, the Internet pretty much allows users access to the world.
While the convenience is indisputable, not everything is legal online, even if you think it is.
Here are six things that could get you on the wrong side of the law.
1. Insulting the Yang di-Pertuan Agong or royalty
Yes, it is the season to discuss politics openly with the person next to you. However, you may want to tread lightly when it comes to sedition.
While human rights groups and activists say the definition of sedition needs to be narrowed down, one thing is for certain — never insult the King or sultans.
The Sedition Act 1948 defines “seditious tendency” as an inclination “to raise discontent or disaffection amongst the subjects of the Yang di-Pertuan Agong or of the Ruler of any State or amongst the inhabitants of Malaysia or of any State.”
Insults — well, the people who make them — that are made on social media platforms such as Facebook or Twitter can be charged under Section 233(1)(a) of the Communications and Multimedia Act 1998 which states that “any comment, request, suggestion or other communication which is obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass another person.”
If convicted, an individual can be fined for a maximum of RM50,000 or jailed for a year or both.
2. Owning unapproved film or film-publicity material
Individuals are not allowed to circulate, distribute, produce, sell or hire films or film publicity materials that have not been approved by the censorship board.
According to the Film Censorship Act 2002, if caught, the fine for possessing or distributing unapproved films will set you back between RM5,000 and RM30,000 or a maximum jail term of three years while the fine for film publicity materials is between RM1,000 and RM10,000.
3. Watching, exchanging and publishing pornography
It’s a legal no-no to own materials (images, DVDs, magazines) that are pornographic in nature. If found guilty, expect a fine up to RM10,000, a jail term of up to three years or both.
More worrying is the fact that Malaysia tops the list for consuming online child pornography in South-east Asia.
The Sexual Offences Against Children Act 2017 states that any person who produces, consumes or profits from child pornography can be jailed for a maximum of 15 years and be punished with whipping of at least three strokes.
If convicted, an individual can be fined for a maximum of RM50,000 or jailed for a year or both. If you have a strong opinion about the King or royalty, it’s best to keep them to yourself.
4. Online gambling
The Common Gaming Houses Act 1953 states that anyone who gambles in a common gaming house is liable to a fine of not more than RM5,000 or a maximum jail term of six months or both.
Those who operate illegal gambling sites may be fined between RM5,000 and RM50,000 and a maximum jail term of three years.
Feel the need to place a bet? There’s always Genting Highlands and licensed gaming operators such as Sports Toto and Magnum.
5. Selling fake goods
Fake goods may be abundantly available on digital marketplaces such as eBay and Carousell but bear in mind counterfeit goods are prohibited and illegal in Malaysia.
If you are caught selling imitation goods, you can be fined up to RM10,000 for each item bearing the fake brand name or logo or jailed for a maximum of three years or both under Section 8(2)(c) of the Trade Descriptions Act 2011.
If the offence is repeated, expect a fine of not exceeding RM20,000 for each counterfeit item, or a maximum jail term of five years or both.
6. Using someone else’s music and images
Whether you’re making a video for a work presentation or sourcing for images for a project, most will resort to using well-known commercial music and the legalities extend beyond just crediting the singer or record label.
These are considered intellectual property of the creator, and can be pursued via legal action.
If the owner of the copyright decides to take legal action, individuals who are found guilty of violating the copyright may have to pay statutory damages of up to RM20,000 for each copy and/or imprisonment according to the Copyright Act 1987.
To be safe, look for royalty free music, which are available from sites such as Bensound, Purple Planet or HookSounds. You can also find royalty free stock photos from Unsplash and Pixabay.
Works eligible for copyright include literary works, musical works, artistic works, films, sound recordings and broadcasts.
* This article is brought to you by Henry Goh & Co. For more information on Intellectual Property, click here.
