Skip to main content
Home
Login
Search
  • Digital Economy
    powered by 'MDEC'

    Hong Kong International ICT Expo 2018: Bringing startups to the fore

    By Chong Jinn Xiung
    Apr 20 2018 - 12:04am

    [totalcount]
    [total_virality]
    [fb_likes]

    Lazada launches regional trade with DFTZ

    By Digital News Asia
    Apr 20 2018 - 12:03am

    [totalcount]
    [total_virality]
    [fb_likes]

    Justice launches e-commerce platform for tween girls in Indonesia

    By Digital News Asia
    Apr 20 2018 - 12:02am

    [totalcount]
    [total_virality]
    [fb_likes]
    View More
  • Insights

    Week in Review: How powerful will social media be in influencing Malaysia’s GE14?

    By Karamjit Singh
    Apr 13 2018 - 9:28pm

    [totalcount]
    [total_virality]
    [fb_likes]

    Week in Review: Elusive hunt for the right traits

    By Karamjit Singh
    Apr 8 2018 - 2:50pm

    [totalcount]
    [total_virality]
    [fb_likes]

    Cyberwarfare: Machine vs Machine

    By Joanne Wong
    Apr 3 2018 - 12:01am

    [totalcount]
    [total_virality]
    [fb_likes]
    View More
  • 'Software Testing is'
    Business

    StarHub Appoints Peter Kaliaropoulos as Chief Executive Officer

    By Digital News Asia
    Apr 20 2018 - 2:17pm

    [totalcount]
    [total_virality]
    [fb_likes]

    Face forward: The future of security in Malaysia

    By Dzof Azmi
    Apr 20 2018 - 12:05am

    [totalcount]
    [total_virality]
    [fb_likes]

    Maxis sees Q1 2018 earnings rise 4.2% to RM523mil

    By Digital News Asia
    Apr 19 2018 - 7:22pm

    [totalcount]
    [total_virality]
    [fb_likes]
    View More
  • Personal
    Tech

    Fonebud W: Have data, will travel

    By Chong Jinn Xiung
    Apr 19 2018 - 12:04am

    [totalcount]
    [total_virality]
    [fb_likes]

    Acer assembles three Infinity War Special Edition laptops

    By Chong Jinn Xiung
    Apr 18 2018 - 12:59pm

    [totalcount]
    [total_virality]
    [fb_likes]

    HK Electronics Fair (Spring Edition) 2018: Cool, strange and wonderful gadgets aplenty

    By Chong Jinn Xiung
    Apr 18 2018 - 12:05am

    [totalcount]
    [total_virality]
    [fb_likes]
    View More
  • Startups
    to Scaleups

    US$7.4 mil funding brings Zanroo closer to unicorn dream

    By Anushia Kandasivam
    Aug 11 2017 - 1:40pm

    [totalcount]
    [total_virality]
    [fb_likes]

    Element AI raises US$102mil; to open SEA hub in Singapore in 2H 2017

    By Digital News Asia
    Jun 15 2017 - 7:15pm

    [totalcount]
    [total_virality]
    [fb_likes]

    Soft Space raises US$5mil for strategic investment

    By Digital News Asia
    May 25 2017 - 7:37pm

    [totalcount]
    [total_virality]
    [fb_likes]
    View More
  • Mobility

    Digi nails it with its family postpaid

    By Digital News Asia
    Jan 16 2018 - 1:01pm

    [totalcount]
    [total_virality]
    [fb_likes]

    BMW delivers 100,000 electrified vehicles in 2017

    By Digital News Asia
    Dec 19 2017 - 4:14pm

    [totalcount]
    [total_virality]
    [fb_likes]

    Telco battleground: Can Maxis claim the crown in 2017?

    By Sharmila Ganapathy-Wallace
    Oct 27 2017 - 12:05am

    [totalcount]
    [total_virality]
    [fb_likes]
    View More
  • Startups

    Runcloud.io is champion of Startup World Cup Malaysia Regional 2018

    By Kiranjit Kaur Sidhu
    Apr 20 2018 - 10:31am

    [totalcount]
    [total_virality]
    [fb_likes]

    Jobworks prepares for the gig economy

    By Anushia Kandasivam
    Apr 20 2018 - 12:06am

    [totalcount]
    [total_virality]
    [fb_likes]

    HelloGold secures Series A funding from 500 Startups

    By Digital News Asia
    Apr 19 2018 - 12:02am

    [totalcount]
    [total_virality]
    [fb_likes]
    View More
  • Digital Economy
    powered by MDEC
  • Insights
  • 'Software Testing is'
    Business
  • Personal Tech
  • Startups
    to Scaleups
  • Mobility
  • Startups
Home
Login
Search
  • Digerati50 Download
  • Digital Economy
    powered by 'MDEC'

    Hong Kong International ICT Expo 2018: Bringing startups to the fore

    By Chong Jinn Xiung
    Apr 20 2018 - 12:04am

    [totalcount]
    [total_virality]
    [fb_likes]

    Lazada launches regional trade with DFTZ

    By Digital News Asia
    Apr 20 2018 - 12:03am

    [totalcount]
    [total_virality]
    [fb_likes]

    Justice launches e-commerce platform for tween girls in Indonesia

    By Digital News Asia
    Apr 20 2018 - 12:02am

    [totalcount]
    [total_virality]
    [fb_likes]
    View More
  • Insights

    Week in Review: How powerful will social media be in influencing Malaysia’s GE14?

    By Karamjit Singh
    Apr 13 2018 - 9:28pm

    [totalcount]
    [total_virality]
    [fb_likes]

    Week in Review: Elusive hunt for the right traits

    By Karamjit Singh
    Apr 8 2018 - 2:50pm

    [totalcount]
    [total_virality]
    [fb_likes]

    Cyberwarfare: Machine vs Machine

    By Joanne Wong
    Apr 3 2018 - 12:01am

    [totalcount]
    [total_virality]
    [fb_likes]
    View More
  • 'Software Testing is'
    Business

    StarHub Appoints Peter Kaliaropoulos as Chief Executive Officer

    By Digital News Asia
    Apr 20 2018 - 2:17pm

    [totalcount]
    [total_virality]
    [fb_likes]

    Face forward: The future of security in Malaysia

    By Dzof Azmi
    Apr 20 2018 - 12:05am

    [totalcount]
    [total_virality]
    [fb_likes]

    Maxis sees Q1 2018 earnings rise 4.2% to RM523mil

    By Digital News Asia
    Apr 19 2018 - 7:22pm

    [totalcount]
    [total_virality]
    [fb_likes]
    View More
  • Personal
    Tech

    Fonebud W: Have data, will travel

    By Chong Jinn Xiung
    Apr 19 2018 - 12:04am

    [totalcount]
    [total_virality]
    [fb_likes]

    Acer assembles three Infinity War Special Edition laptops

    By Chong Jinn Xiung
    Apr 18 2018 - 12:59pm

    [totalcount]
    [total_virality]
    [fb_likes]

    HK Electronics Fair (Spring Edition) 2018: Cool, strange and wonderful gadgets aplenty

    By Chong Jinn Xiung
    Apr 18 2018 - 12:05am

    [totalcount]
    [total_virality]
    [fb_likes]
    View More
  • Startups
    to Scaleups

    US$7.4 mil funding brings Zanroo closer to unicorn dream

    By Anushia Kandasivam
    Aug 11 2017 - 1:40pm

    [totalcount]
    [total_virality]
    [fb_likes]

    Element AI raises US$102mil; to open SEA hub in Singapore in 2H 2017

    By Digital News Asia
    Jun 15 2017 - 7:15pm

    [totalcount]
    [total_virality]
    [fb_likes]

    Soft Space raises US$5mil for strategic investment

    By Digital News Asia
    May 25 2017 - 7:37pm

    [totalcount]
    [total_virality]
    [fb_likes]
    View More
  • Mobility

    Digi nails it with its family postpaid

    By Digital News Asia
    Jan 16 2018 - 1:01pm

    [totalcount]
    [total_virality]
    [fb_likes]

    BMW delivers 100,000 electrified vehicles in 2017

    By Digital News Asia
    Dec 19 2017 - 4:14pm

    [totalcount]
    [total_virality]
    [fb_likes]

    Telco battleground: Can Maxis claim the crown in 2017?

    By Sharmila Ganapathy-Wallace
    Oct 27 2017 - 12:05am

    [totalcount]
    [total_virality]
    [fb_likes]
    View More
  • Startups

    Runcloud.io is champion of Startup World Cup Malaysia Regional 2018

    By Kiranjit Kaur Sidhu
    Apr 20 2018 - 10:31am

    [totalcount]
    [total_virality]
    [fb_likes]

    Jobworks prepares for the gig economy

    By Anushia Kandasivam
    Apr 20 2018 - 12:06am

    [totalcount]
    [total_virality]
    [fb_likes]

    HelloGold secures Series A funding from 500 Startups

    By Digital News Asia
    Apr 19 2018 - 12:02am

    [totalcount]
    [total_virality]
    [fb_likes]
    View More
  • Digital Economy
    powered by MDEC
  • Insights
  • 'Software Testing is'
    Business
  • Personal Tech
  • Startups
    to Scaleups
  • Mobility
  • Startups

Bread & Kaya: Are WhatsApp admins going to jail?

By Foong Cheng Leong | May 02, 2017
  • Two key elements in s. 233 are not fulfilled by a group chat admin
  • To use s. 114A to attach liability on a group chat admin is stretching s. it too far

I REFER to the recent news reports stating that the Honourable Deputy Communications and Multimedia Minister Jailani Johari announced that group chat admins can be held accountable under the Communications and Multimedia Act 1998 (CMA) if they fail to stop the spread of false news to its members.

With due respect to the Honourable Deputy Ministry, the CMA, in particular s. 233 of the CMA, does not attach any liability to an admin of a group chat admin for spreading "false news".

For ease of reference, I reproduce s. 233 of the Act:-

233 Improper use of network facilities or network service, etc

(1) A person who-

(a) by means of any network facilities or network service or applications service knowingly-

(ii) initiates the transmission of,

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; or

(b) initiates a communication using any applications service, whether continuously, repeatedly or otherwise, during which communication may or may not ensue, with or without disclosing his identity and with intent to annoy, abuse, threaten or harass any person at any number or electronic address,

commits an offence.

(2) A person who knowingly-

(a) by means of a network service or applications service provides any obscene communication for commercial purposes to any person; or

(b) permits a network service or applications service under the person's control to be used for an activity described in paragraph (a),

commits an offence.

(3) A person who commits an offence under this section shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both and shall also be liable to a further fine of one thousand ringgit for every day during which the offence is continued after conviction.

The offence under s. 233(1) of the CMA is committed by a person who uses any network facilities or network service or applications service knowingly makes, creates or solicits and initiates the transmission of an offensive communication with intent to annoy, abuse, threaten or harass another person. Two key elements in s. 233 are not fulfilled by a group chat admin namely "knowingly make or initiates the offensive communication" and "with intent to annoy, abuse, threaten or harass another person".

As for s. 233(2), liability is only attached to a person who knowingly provide or permits an applications service to provide any obscene communication for commercial purposes. This is also not applicable to the present case.

It is noted that s. 114A of the Evidence Act 1950 provides for three circumstances where an Internet user is deemed to be a publisher of a content unless proven otherwise by him or her. The relevant section, namely s. 114A(1), states that “A person whose name, photograph or pseudonym appears on any publication depicting himself as the owner, host , administrator, editor or sub-editor, or who in any manner facilitates to publish or re-publish the publication is presumed to have published or re-published the contents of the publication unless the contrary is proved”.

In simple words, if your name, photograph or pseudonym appears on any publication depicting yourself as the aforesaid persons, you are deemed to have published the content.

To use s. 114A to attach liability on a group chat admin is stretching s. 114A too far. It must be highlighted that s. 114A was introduced to "provide for the presumption of fact in publication in order to facilitate the identification and proving of the identity of an anonymous person involved in publication through the internet" (Explanatory Statement of Evidence (Amendment) (No. 2) Bill 2012). Common sense would dictate that a group chat admin is not a publisher of their member's messages.

Perhaps the Honourable Deputy Minister should clarify which section in the CMA attaches liability to a group chat admin to avoid further confusion and panic to group chat admins.

For more technology news and the latest updates, follow us on Facebook, Twitter or LinkedIn.

Keyword(s): 
Jailani Johari
Malaysia
WhatsApp
Admin
Jail
CMA
Section 223
Section 114A
Identification
Anonymous
Solicits
Liable
Author Name: 
Foong Cheng Leong
By commenting below, you agree to abide by our ground rules.

TRENDING DIGITALNEWSASIA

StarHub Appoints Peter Kaliaropoulos as Chief Executive Officer

By Digital News Asia | Apr 20 2018 - 2:17pm

[totalcount]
[total_virality]
[fb_likes]

Runcloud.io is champion of Startup World Cup Malaysia Regional 2018

By Kiranjit Kaur Sidhu | Apr 20 2018 - 10:31am

[totalcount]
[total_virality]
[fb_likes]

Jobworks prepares for the gig economy

By Anushia Kandasivam | Apr 20 2018 - 12:06am

[totalcount]
[total_virality]
[fb_likes]

Face forward: The future of security in Malaysia

By Dzof Azmi | Apr 20 2018 - 12:05am

[totalcount]
[total_virality]
[fb_likes]
  • + Load More
  • DIGITAL ECONOMY
  • INSIGHTS
  • BUSINESS
  • MOBILITY
  • STARTUPS
  • PERSONAL TECH
  • ARCHIVE
  • LOGIN
  • ABOUT US
  • CONTACT US
  • #DIGITALNEWSASIA ON TWITTER
  • #DIGITALNEWSASIA ON FACEBOOK

Weekly SNAP
(Editor's Highlights) Sign Up



FOLLOW DIGITAL NEWS ASIA:

SELECT YOUR FAVORITE QUOTE AND SHARE IT!

You can highlight any text within this article and use the pop-up toolbar to share it via email or on social media.