Legistration for blogging

MCMC just has just recently published an anti-spam toolkit for the Malaysian audience.

It is not a software toolkit, but more like a user guide, which they called it a framework to curb spam of whatever definitions.

According to the framework, it is the responsibilities of all parties (government, users, technology providers) to make things work.

In conjunction with that, it also published the CMA (Communication and Multimedia Act):

Section 233 (1) of the CMA states-
A person who –
(a) by means of any network facilities or network service or applications service knowingly
(i) makes, creates or solicits; and
(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.

Section 233 (2) states-
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 any activity described in paragraph (a) commits an offence.

Section 233 (3) states-
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.

Section 233(1) (b) is an appropriate section to deal with the problems faced by
spamming activities.
The MCMC continues to monitor the development of spam laws and legislation in various jurisdiction around the world i.e. United States of America, Australia, South Korea, Singapore etc.

Therefore, this means that a blogger is now liable for criminal charges with punishment of up to RM 50K or imprisonment of not more than 1 year or both should he or she is not careful with its blog publication; provided that his or her identity can be identified.

Service provider such as blogspot may also be liable for similar cause per se. However, due to the fact that currently, MCMC had only signed MOU with Australian and South Korea government for international cooperation of such purpose, it is not able to sue blogspot(from the USA) should one or more of its hosted blogs are found to be guilty. This is why China had basically filtered out all international blog providers including blogspot, wordpress and etc.