Qurratu Syaza_BBL3014

a. Linda was stunned in front of her PC when she received an electronic mail, in a chain of senders and receivers, telling bad things about herself, her crazy shopping habits, her domestic problems and her involvement in superstitions activities with a bomoh (magician) allegedly for gaining her more wealth and fortunes. She is now thinking to pursue legal actions for this unfavorable email against her. With reference to the above case, explain the meaning of online defamation, and discuss the legal remedies available for Linda.

**Online defamation is a person express words that may lower another person's reputation in the eyes of public. Online defamation can be classified in to two which are libel and slander. Libel occur when such word are expressed in a permanent form which is usually visible to the eye, like in a book, email or picture and slander is when such words are expressed in a temporary form, usually when spoken or made by body movements.

What are the laws governing defamation?

In civil cases of defamation, when a private person sues another private person for defamation, the Defamation Act 1957 is applicable.

In criminal cases of defamation, when the state prosecutes a private person for defamation, Section 499 to Section 502 of the Penal Code is applicable.

In the Linda's case, if the person who did this crime to her found guilty, he or she may be sued in court, and also face jail sentence.


b. Tommy, a Multimedia student at MMU, was caught by University authority after it was found that he had cracked the University's information system, defaced the front page of University's office website and stolen a buck of confidential data regarding student's academic records. It was also discovered that he had attempted to break several lecturers' computer system but without avail. On the investigation he said that all his action was just for fun exploring the system's weaknesses and without any criminal intention. In this case, advise the University regarding Tommy's liabilities arising from his actions with reference to the law of computer crimes in Malaysia.

**
THE COMPUTER CRIMES ACT 1997
The Act aims to provide for offenses relating to the misuse of computers . Amongst 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. The Act criminalizes some acts and provides for punishment as follows :

Offenses:
Unauthorized access to computer material
Penalty:
Fine not exceeding RM50,000 or imprisonment not exceeding 5 years or both

Offence:
Unauthorized access with intent to commit or facilitate commission of further offense
Penalty:
Fine not exceeding RM150,000 or imprisonment not exceeding 10 years or both

Offenses:
Unauthorized modification of the contents of any computer
Penalty:
(a) Find not exceeding RM100,000 or imprisonment not exceeding 7 years or both
(b) Find not exceeding RM150,000 or imprisonment not exceeding 10 years or both if the act done is with intention of causing injury as defined in the Penal Code.

Offenses:
Wrongful Communication
Penalty:
Fine not exceeding RM25,000 or imprisonment not exceeding 3 years or both.

Offenses:
Abetments and attempts
Penalty:
Fine to be as for the principal offense but imprisonment not to exceed one half of the maximum term for the principal offense.

In Tommy's case, he had cracked the University's information system and this has put him guilty because unauthorized access to computer material and he can be fine not exceeding RM50,000 or imprisonment not exceeding 5 years or both.

Next, he also has defaced the front page of University's official website and stolen a student's data. With this, he can be charge of unauthorized modification of the contents of any computer and can be fine not exceeding RM100,000 or imprisonment not exceeding 7 years or both or find not exceeding RM150,000 or imprisonment not exceeding 10 years or both if the act done is with intention of causing injury as defined in the Penal Code.