Latest news with #FacultyofSyariahandLaw
Borneo Post
5 days ago
- Borneo Post
Malaysia enforces stringent laws to crack down on cyberbullying
Cyberbullying, once viewed as an issue for school authorities or social media platforms to moderate, is now an offence that can lead to prison time and heavy fines. – AI image KUALA LUMPUR (Aug 8): As Malaysians spend more of their lives online, many may still believe the internet is a lawless zone where words can be thrown around without consequence. However, according to legal experts, cyberbullying is not only morally wrong; it is now firmly a crime under Malaysian law. Associate Professor Dr Muzaffar Syah Mallow of Universiti Sains Islam Malaysia's Faculty of Syariah and Law explains that cyberbullying is defined as bullying using digital technologies across social media, messaging and gaming platforms, and mobile phones, where repeated behaviour aims to 'scare, anger or shame those who are targeted.' 'Face-to-face bullying and cyberbullying often happen alongside each other,' he said. 'However, cyberbullying leaves a digital footprint, a record which can be used later as evidence in court against the culprit.' In recent years, Malaysia has strengthened its legal tools to address this growing threat, reflecting global concerns over online harassment and its tragic consequences. On Dec 10, 2024, the government passed the Penal Code (Amendment) (No. 2) Bill 2024 and the Criminal Procedure Code (Amendment) (No. 2) Bill 2024, explicitly covering online bullying within the framework of bullying laws. The amendments introduced a new subsection, 507D (2), criminalising the use of threatening, insulting or defamatory words or communications intended to provoke someone, leading to harm to themselves or others. Convictions under this subsection can result in imprisonment for up to one year, a fine, or both. If provocation leads to attempted or completed suicide, offenders may face up to 10 years in prison. 'These amendments will facilitate investigations by the Royal Malaysia Police (PDRM), as there will be specific laws under which perpetrators can be charged,' Dr Muzaffar said, adding that the law now recognises psychological harm and emotional distress as valid forms of injury under these provisions. Additionally, Malaysia's Online Safety Act 2025, passed in December 2024, aims to strengthen online safety while addressing the spread of defamatory content, fraud and threats to public order. The legislation aligns Malaysia's commitment to digital safety with growing global concerns about the impact of online behaviour on mental health and social stability. Under existing laws, those who distribute offensive or threatening content online can be prosecuted under multiple Acts, including the Penal Code, Sedition Act 1948, Computer Crimes Act 1997, Personal Data Protection Act 2010, Defamation Act 1956, and notably the Communications and Multimedia Act 1998 (Act 588). One of the most cited legal tools in tackling cyberbullying, Section 233 of the Communications and Multimedia Act 1998, was recently amended under the Communications and Multimedia (Amendment) Act 2025. The amendment, which came into effect on Feb 11, 2025, imposes significantly higher penalties, with fines of up to RM500,000 and/or imprisonment for up to two years for offences under this section. Further fines of RM5,000 per day can be imposed if the offence continues after conviction. 'The Act also provides stiffer penalties if the offence is committed against a minor, with imprisonment of up to five years,' Dr Muzaffar noted. Examples of cyberbullying that may be prosecuted include spreading lies or posting embarrassing photos of someone on social media, sending abusive or threatening messages, impersonating someone to send hurtful messages, or engaging in sexual harassment using digital platforms, including generative AI tools. Professor Dr Muzaffar Syah Mallow Cyberbullying, once viewed as an issue for school authorities or social media platforms to moderate, is now an offence that can lead to prison time and heavy fines. The shift, experts said, is critical for cultivating a safer digital environment in Malaysia. 'Making cyberbullying a crime sends a strong signal over the seriousness of the issue,' Dr Muzaffar stated. 'People will be more cautious over their actions and words when they interact online.' He emphasised that online activities are subject to Malaysian law just as offline actions are. 'Every aspect of our life has been heavily regulated through laws in Malaysia since independence, including the issue of cyberbullying,' he says. Legal deterrents play a key role in addressing cyberbullying, but individual responsibility remains crucial in creating a safer online environment. 'Heavy penalties like many years' imprisonment and huge fines will prevent people from committing the crime of cyberbullying,' Dr Muzaffar explained, 'but everyone needs to be extra cautious over whatever they do and say online.' He urged Malaysians to 'think about the implications or effects of their actions,' adding, 'If they are unsure of the consequences, it's better to keep silent.' Dr Muzaffar also underscored the importance of responsibility due to Malaysia's multicultural and multi-religious society, where misunderstandings and conflicts can easily arise from careless online behaviour. Victims of cyberbullying are encouraged to lodge complaints with the police or the Malaysian Communications and Multimedia Commission (MCMC). 'The Communications and Multimedia Act 1998 will act against the culprit who has violated the law. Anyone who has committed cyberbullying will face prosecution and charges under the Act,' he affirmed. Beyond legal remedies, creating awareness of the legal consequences of cyberbullying is crucial in empowering individuals to protect themselves and others. Educational institutions, NGOs, and government agencies have increased outreach to communities and schools, explaining the legal repercussions of cyberbullying and the importance of responsible online interactions. As more Malaysians embrace digital technologies in daily life, the need for safer online spaces is critical, especially for youth. Experts and advocates note that laws alone are not enough; parents, educators, and communities must work together to build a culture of empathy, respect, and accountability in the digital realm. 'We are living in a complex society, and being responsible with our words and actions online is not just about avoiding prosecution, it is about respecting others and ourselves,' Dr Muzaffar said. As the laws tighten and awareness grows, Malaysia is sending a clear message that the internet is not a lawless zone, and cyberbullying will no longer be tolerated. cyberbullying online social media
Borneo Post
11-06-2025
- Automotive
- Borneo Post
Academician calls for compulsory dashcams in all Malaysian vehicles
Muzaffar has called for dashcams to be made mandatory in all vehicles in Malaysia to enhance road safety and support legal proceedings. – Photo by Kevin Embol KUCHING (June 11): Dashcams should be mandatory in all vehicles in Malaysia to enhance road safety and support legal proceedings, said Dr Muzaffar Syah Mallow. In this regard, the Universiti Sains Islam Malaysia's Faculty of Syariah and Law associate professor urged the government to review existing laws, particularly the Road Transport Act 1987 (Act 333), to introduce new provisions making dashcams mandatory. 'The government can consider requesting vehicle owners in the country to instal dashcam inside their vehicle by themselves or requesting car manufacturers in the country to add a dashcam component to every vehicle which they produce. 'Whatever approach we take, we should never undermine the importance of a dashcam. With so many issues which occur on the road, dashcam footage can serve as vital evidence when needed,' he said in a statement today. He explained that modern dashcams, now compact and easy to mount, allow drivers to record visuals of any road incidents they encounter. 'Drivers may opt to instal dashcams in their vehicles for liability protection. I f a driver is involved in an accident or is accused of a crime, the lawyer may be able to use the footage from a dashcam as evidence to assist the driver with their legal battle in court,' he said. Highlighting the risks drivers face—such as accidents, snatch theft, road bullying, and harassment—Muzaffar said recorded visual evidence can assist them in filing police reports, insurance claims, and even in legal cases. Legally, Dr Muzaffar said dashcam footage qualifies as admissible documentary evidence in court, provided it is relevant, strong, and credible. He cited Section 3 of the Evidence Act 1950 (Act 56), which states that evidence includes both oral and documentary forms, such as visual recordings. 'This view is based on the case of Chin Seow Noi v PP (1994) 1 SLR 135, where the court said that 'The use of the single word 'includes' in our Section 3 is clearly intended to make the definition of evidence in our Evidence Act an extensive one.' 'The use of the word 'includes' in Section 3 of the Evidence Act 1950 [Act 56] was intended to make the definition of evidence in the section extensive. Meaning, we can use a dashcam footage as evidence. 'As long as the evidence tendered is relevant, strong and credible to our case, it can be accepted by the court,' Muzaffar explained. dashcam Dr Muzaffar Syah Mallow lead
Borneo Post
05-06-2025
- Health
- Borneo Post
Don: Make smoking, vaping Syariah criminal offences
Muzaffar said a 2022 study conducted by several Western researchers found a positive correlation between vaping and the frequency and severity of asthma and obstructive lung disease.- AFP file photo KUCHING (June 5): The government is urged to consider making smoking and vaping Syariah criminal offences in the country. In making this call, Universiti Sains Islam Malaysia's Faculty of Syariah and Law associate professor Dr Muzaffar Syah Mallow said such a move should help eradicate smoking habit and addiction, particularly among Muslims nationwide. Muzaffar pointed out that many studies have indicated that about half of smokers die from smoking-related causes. 'Smoking harms nearly every organ in the body. Many studies show that smoking leads to diseases affecting the heart, liver and lungs, and emerges as a major risk factor for heart attacks, strokes, chronic obstructive pulmonary disease (COPD) (including emphysema and chronic bronchitis) and cancer (particularly lung cancer, cancers of the larynx and mouth and pancreatic cancer),' he said in a statement today. Muzaffar stated the World Health Organisation estimated that tobacco killed eight million people annually as of 2019, with 100 million deaths recorded over the course of the 20th century. He said an outbreak of severe vaping lung illness occurred in the United States in 2019 and 2020, adding that vaping has been linked with damage to the lungs, cardiovascular system as well as the brain. A 2022 study conducted by several Western researchers found a positive correlation between vaping and the frequency and severity of asthma and obstructive lung disease, he said. He added that the same study also found a positive correlation between the usage of e-cigarettes and medical conditions such as myocardial infarctions, coronary artery disease and strokes. 'Regarding the brain, vapors from e-cigarettes can damage neurons in developing brains, impairing the decision-making process and leading to more frequent impulsive decisions,' he said. According to Muzaffar, the Fatwa Committee of the National Council for Islamic Religious Affairs of Malaysia had in March 1995 agreed that 'Smoking is forbidden in Islam because in it there is harm.' 'A similar stance has also been taken for vaping. In 2025, the National Fatwa Council in 2015 ruled that vaping is forbidden. Although Islam has clearly explained the dangers of smoking and vaping through Fatwa, many Muslims in the country still take the issue lightly,' he said. As such, he called for drastic measures, including proper legislation to address the matter. He pointed to Section 15 of the Syariah Criminal Offences (Federal Territories) Act 1997 [Act 559] states: 'Any person who during the hours of fasting in Ramadan sells to any Muslim any food, drink, cigarette or other form of tobacco for immediate consumption during such hours; or (b) openly or in a public place is found to be eating, drinking or smoking, shall be guilty of an offence.' He explained that upon conviction, offenders would be liable to a fine not exceeding RM1,000, or to a jail term of not more than six months, or both; and for a subsequent offence, to a fine not exceeding RM2,000, or to a jail term of not more than one year, or both. 'It would be much better if we could insert a specific section in the Syariah Offences Act and Enactments to make smoking and vaping criminal offences. 'This is to send a strong signal or reminder to everybody, especially to Muslims in the country, about the health hazards of smoking and vaping,' he said. Dr Muzaffar Syah Mallow lead smoking syariah offences vaping
Borneo Post
28-04-2025
- Health
- Borneo Post
Employers urged to prioritise workplace safety in line with the law
Dr Muzaffar Syah Mallow KUCHING (April 28): Employers must establish clear and comprehensive workplace policies to ensure the safety of all employees in accordance with the Occupational Safety and Health Act 1994, said Dr Muzaffar Syah Mallow. The Universiti Sains Islam Malaysia's Faculty of Syariah and Law associate professor stated that employers are obligated to safeguard the health, safety and welfare of their employees both at the workplace and throughout their employment. 'Employers have a legal duty to take reasonable care of their employees' health and safety. An employer can be found liable for negligence if it breaches this duty,' he said in a statement today. The statement was issued in conjunction with World Day for Safety and Health at Work, observed annually on April 28 to promote the prevention of occupational accidents and diseases worldwide. Muzaffar emphasised that workplace safety and health must not be taken lightly, cautioning that failing to implement proper safety rules and procedures could have serious consequences for workers. 'Although no specific regulation in the country requires employers to ensure employees' safety while commuting to and from work, employers should take steps to ensure the safety of their employees,' he said. He noted that in February 2023, the Social Security Organisation (Socso) revealed it receives about 60,000 reports annually related to work-related commuting accidents and occupational diseases. 'In 2022, a total of 64,168 cases were reported to Socso, of which 35,015 involved industrial or workplace mishaps, while 29,153 were commuting accidents. 'Tragically, 864 workers lost their lives, including 255 due to industrial accidents and 609 from commuting accidents, an increase from 525 workers, who died due to road accidents in 2021,' he added. Muzaffar urged employers to collaborate with the Ministry of Transport (MoT) and the relevant institutions such as the Malaysian Institute of Road Safety Research (Miros), Road Safety Department of Malaysia, Road Transport Department, Department of Occupational Safety and Health (DOSH), Royal Malaysia Police (PDRM), and the National Institute for Occupational Safety and Health (Niosh) to stay updated on the latest road safety guidelines. He said employers must ensure that these guidelines are accessible to raise awareness and promote road safety for those commuting to and from the workplace. employers lead Muzaffar Syah Mallow safety and health
Borneo Post
25-04-2025
- Politics
- Borneo Post
Assessment, not exam-based, should be today's way in education, says don
The academician points out that the voices of students must be heard first since they are the ones facing actions and decisions taken by the government, when it comes to national education. — Bernama photo KUCHING (April 26): The government should consider abolishing the examination process in the country and introduce an assessment approach in line with this modern era. Universiti Sains Islam Malaysia's Faculty of Syariah and Law associate professor Dr Muzaffar Syah Mallow, who made this call, said students today needed to learn many survival skills to compete in this complex and interconnected world, rather than focusing on theoretical and academic excellence. 'They need to master social and communication skills, and learn how to use new and modern technologies, the art of critical thinking and many more. 'All these skills cannot be picked up through theoretical and academic processes in a classroom, nor can they be assessed through the examination process,' he said in a statement yesterday. The academician also believed that abolishing examinations could reduce the stress level among students, who had been put through a lot of pressure to excel in their studies by scoring As. He said students who were unable to obtain A would feel that they were not smart enough to survive and succeed in this world. 'With no more examinations in school, the parents would also become more relaxed instead of pushing their children to score high marks. 'This would prevent unnecessary conflicts between the parents and the children – not to mention that parents would no longer need to spend time and energy on comparing the academic achievements among their children. 'The time has come for Malaysians to change their mindset, not to see the examination process as the only way to evaluate an individual.' Adding on, Muzaffar Syah suggested that the Ministry of Education (MoU) would set up a special committee to look into his proposal. 'This committee should comprise educational experts, particularly those familiar with the country's education system, teachers as well as relevant NGOs (non-governmental organisations).' He said the ministry could also conduct a survey among students with regard to the proposal. 'The voices of our students must be heard first since they are the ones facing actions and decisions taken by the government,' he added. In relation to this, Muzaffar Syah was glad that the government decided to abolish Ujian Penilaian Sekolah Rendah (UPSR) in 2021 and Form 3 Assessment (PT3) in 2022. 'The government could do more by abolishing the remaining examinations such as SPM (Sijil Pelajaran Malaysia) or STPM (Sijil Tinggi Persekolahan Malaysia). 'We can no longer rely on the examination process to assess our students in school. We need to opt for other methods of assessment in order to effectively assess our students.' assessment approach examination lead Muzaffar Syah Mallow
