Law and Society - Private Life and Privacy Right

6.1 Introduction to Private Life and Privacy Right

  • Private life includes an individual's family and personal relationships.
  • The Human Rights Act 1998 (UK) Article 8 ensures the right to live privately without government interference, covering lifestyle, sexual orientation, and personal appearance.
  • Privacy underpins human dignity, freedom of association, and freedom of speech.
  • Privacy is a fundamental human right, allowing individuals to live freely without discrimination.
  • Islam governs privacy, emphasizing avoiding intrusion into others' private spaces, as highlighted in Hadith Imam Bukhari-Muslim.
  • Syariah law encourages maintaining secrets; Section 117 of Enakmen Jenayah Syariah Negeri Sembilan 1992 punishes unauthorized disclosure of confidential matters.

6.2 Cyber Society

  • Cyber society refers to virtual communities where production, distribution, and communication occur online.
  • Cyber world can lead to social isolation; research indicates that increased Internet use correlates with higher levels of depression and loneliness.
  • Social media can create isolation by making individuals feel excluded from real-world social activities.
  • Cybercrime involves criminal activities using technology, targeting property, personal integrity, or information.
  • Cybercrime includes DDOS attacks, botnets, identity theft, malware, spoofing, web defacement, online harassment, and phishing scams.
  • Cybercrime in Malaysia:
    • Cybercrime is more lucrative than drug trafficking, with significant financial losses reported in 2019 and 2020.
    • Cybersecurity Malaysia reported a rise in cyber fraud incidents, especially during the Movement Control Order (MCO).
  • Cyber Threats:
    • The Economy: Online fraud undermines economic development.
    • Cross Border Intellectual Property and Licensing Issues: Challenges in controlling illegal material transfers.
    • Information Theft: Corporate data theft by competitors or insiders.
    • Social/ Racial Balance: Fake online identities leading to cheating and racial issues.
    • Terrorism: Use of cyberspace for propaganda and recruitment; RMP monitors and blocks suspected websites.
    • Cyber-Bullying: A significant percentage of Malaysian children report being cyber-bullied.
  • Law governing cybercrimes in Malaysia:
    • Computer Crime Act 1997 (Act 563): addresses misuse of computers, penalizes unauthorized access, modification, or communication of access means.
      • Section 3(1): Defines offenses related to unauthorized access to computer material.
      • Section 4(1)(a) MCCA: Specifies penalties for offenses under Section 3.
      • Section 2(2): Clarifies what constitutes securing access to a program or data.
      • Section 2(5): Defines unauthorized access to program or data.
      • Section 5(1): Deals with unauthorized modification of the contents of any computer.
      • Section 6(1): Addresses the unauthorized communication of access information to a computer.
      • Section 9(1): Extends the CCA's jurisdiction extra-territorially.
    • Cybercrime Bill 2025 (In progress): Aims to address modern digital threats like cyber fraud and ransomware.
    • Communications and Multimedia Act 1998 (Act 588) & The Malaysian Communications and Multimedia Commission Act 1998 (Act 589): Regulates the communications and multimedia industry, based on principles of transparency, competition, and self-regulation.
      • Section 231-244 in Act 588: Outlines offenses like unauthorized use of apparatus, fraudulent use of network facilities, and providing false statements.
  • Government’s Initiatives to Combat Cybercrime:
    • CyberSecurity Malaysia: Established under MCMC to provide cyber security services and assist law enforcement.

6.2.4 Freedom of Speech and Expression in Social Media

  • Social media has democratized expression but also broadened the impact of disinformation and hate speech.
  • Malaysia's Federal Constitution guarantees free speech, but hate speech is common on social media.
  • The government uses laws like the Penal Code, Communications and Multimedia Act, Sedition Act, and Printing Presses and Publication Act to regulate speech.
  • Malaysian Communications and Multimedia Commission (MCMC) is appointed as the gatekeeper, addressing social problems spilling into politics and religion.
  • Law Governing on Social Media and Freedom of Speech and Expression
    • The Printing Presses and Publications Act 1984 (Act 301) and Printing Presses and Publications (Amendment) Act 2012 (Act A1436) media laws limit political commentary deemed critical of the government.
    • Security Offences (Special Measures) (SOSMA) Act 747 and the Official Secrets Act 1972 (OSA) Act 88 relating to the action/behaviour of disrupting the country's harmony and safety.
    • The Universities And University Colleges Act 1971 (AUKU) Act 30 prohibit students from being involved in any form of political activity.
    • Official Secrets Act 1972 (OSA) Act 88 and Sedition Act 1948 (Act 15) and Sedition (Amendment) Act 2015 are indirect laws used to control Internet content deemed derogatory to the government.
    • Defamation Act 1957 (Revised 1983) (Act 286): Can be used against online users; online media is not protected by Section 12(1).
    • Evidence Act 1950 (Act 56 ): Online users are responsible for seditious content; hosts of platforms can be held responsible.
    • 1998 Communication and Multimedia Act (CMA): MCMC actively monitors online speech through blocking and content removal.
    • Social Media Regulation and Licensing under CMA
      • Licensing for platforms with over eight million users introduced in 2025, enforced by MCMC under the CMA 1998.
      • Objective is to ensure accountability regarding data protection, freedom of speech, and content moderation.

6.3 Employee Welfare

  • Employee welfare encompasses efforts to improve workers' lives, health, and morale.
  • ILO defines employee welfare as services and amenities improving working conditions and promoting good health and morale.
  • Objectives include enhancing the life of the working class and fostering holistic development.
  • Work-life balance is the time an employee spend on both at work as well as socialises with family, friends and attending to other personal interests.
  • Work life balance benefits:
    • To employee: Increased productivity, less sickness, improved mental well-being, loyalty, and motivation
    • To business: Lower absence, sickness, stress, increased competitiveness, and better customer service
  • Policies and Laws on Work-Life Balance in Malaysia:
    • Flexible Work Arrangement (FWA): Introduced in 1998, promoted in 2014 to balance career and family.
    • Employment Act 1955 (Act 265): Provides minimum protection of rights regarding wages, maternity, rest days, and leave.
  • Employees’ Privacy on Social Media:
    • Social media can improve work relationships but also raise concerns about productivity and privacy.
    • Employees: Be aware of the risk of sharing social media with co-workers to avoid negative judgments.
    • Employers: Justified in taking action against posting on social media comments that affects the reputation of the employer.
    • Employees: Right to privacy but it is not unlimited.
    • Islam: Addresses employee privacy in Quranic verses like Surah An-Nur (27-28) and Surah An-Nisa (59).
    • The Personal Data Protection Act (PDPA) 2010 regulates how personal data is acquired, processed, or used.
    • The Personal Data Protection (Amendment) Act 2024 strengthens data privacy rights, obligating employers to report data breaches.
    • Cases on Privacy right on social media by employee
      • Mohd Azizi Sohan v Asian Kitchen (M) Sdn Bhd [2017] 4 ILR 376 & Kamal Rafidi Mohd Zakaria v Alam Flora Sdn Bhd [2019] 2 LNS 2219
      • Employee privacy in FB is protect but not included on the post that effect/jeopardise the company.
  • Sexual Harassment at Workplace:
    • Any unwanted sexual conduct that may be perceived as offensive or humiliating.
    • Factors include motivation, overcoming inhibitions, workplace environment, and victim resistance.
    • Effects include psychological distress, physical reactions, and career-related consequences.
    • Law and policies
      • Anti-Sexual Harassment Act 2022 enhance employee protection and promotes a safe, respectful working environment and provide accessible civil remedies for victims.
      • Penal Code: Some forms caught under sections 354, 355, and 509, but lack specific provisions.
      • Employment Act 1955 (Act 265) : Requires employers to investigate complaints but limited in scope.
      • Federal Court decision of Mohd Ridzwan Abdul Razak v Asmah Hj Mohd Nor in 2016 introduced tort of sexual harassment.
      • Code of Practice on the Prevention and Eradication of Sexual Harassment in the Workplace: Provides guidelines for in-house mechanisms.

6.4 Sex Education

  • Sex education provides information and skills for healthy decisions about sex and sexuality.
  • UNESCO: comprehensive sexuality education (CSE) aims to equip young people with knowledge, skills, attitudes and values that will empower them to realize their health, well-being and dignity.
  • Evidence: CSE increases knowledge, improves attitudes, and does not increase sexual activity.
  • National Sexuality Education: Comprehensive education is needed to address low understanding and lack of consensus in Malaysia.
  • Islamic and Socio-Cultural View on Sex Education:
    • Integrating Islamic teachings with modern science can organize and discipline sexual behavior.
    • Islam provides guidance in all spheres of daily activities, lifestyle and practices, including sexual ethics.
    • Sex education should align with Islamic morals, rights, and obligations.
    • Sex education taught at home starting at an early age by parents and Belief in the Creator should be well established
  • Sex Education and Legal Perspective:
    • Problems and concerns include rise of child abuse, sexual disorders, and moral decadence.
    • The statistics of rape crimes involving minor proves that crucial to have a comprehensive sexual education to children on their right against sexual abuse.
    • Various instruments including the United Nation Convention on the Right’s Child (UNCRC).
    • Parental Responsibility and Sex Education: Child Act 2001; Malaysia has reserved eight Articles from the Convention.