LAW AND ICT
WEEK 12 (19 JUNE - 23 JUNE 2021)
CONTENT
DEFINITION OF ICT
ICT stands for information and communication technologies.
It is defined as “a diverse set of technological tools and resources used to communicate, and to create, disseminate, store and manage information.”
Although there is no single, universal definition of ICT, the term is generally accepted to mean all devices, networking components, applications and systems that combined to allow people and organizations (i.e., businesses, nonprofit agencies, governments and criminal enterprises) to interact in the digital world.
Information communication technology is a diverse mixture of technology tools to create, differentiate, store, bring value addition & manage information for communication.
ICT is a broad subject and the concepts are evolving. It covers any product that will store, retrieve, manipulate, transmit, or receive information electronically in a digital form (e.g., personal computers, digital television, email, or robots).
ADVANTAGES
Speed / time – Money can be saved because it is much quicker to move information around. With the help of ICT it has become quicker and more efficient.
2. Globalization
Video conferencing saves money on flights and accommodation. ICT has not only brought the countries and people closer together, but it has allowed the world's economy to become a single interdependent system to contact either a business or family member.
3. Cost effectiveness
It is free to send an email; without doubt cheaper than phone calls. ICT has also helped to automate business practices, thus restructuring businesses to make them exceptionally cost effective.
4. Greater Availability
ICT has made it possible for businesses to be automated giving clients access to a website or voicemail 24 hours a day, 7 days a week
5. Bridging the cultural gap
Greater access to technology has helped to bridge the cultural gap by helping people from different cultures to communicate with one another, and allow for the exchange of views and ideas, thus increasing awareness and reducing prejudice.
6. Creation of new jobs
Probably the best advantage of ICT has been the creation of new and interesting jobs.
7. Education
Computer’s along with their programs and the Internet have created educational opportunities not available to previous generations. Through ICT, images can easily be used in teaching and improving the retentive memory of student. Through ICT, teachers are able to create interactive classrooms and make the lesson more enjoyable.
DISADVANTAGES
Experts in a wide variety of fields believe that ICT has made job security a big issue, since technology keeps on changing nearly every day. This means that individuals need to be constantly studying or at least keeping up with changes in their profession if they want to feel secure in their jobs.
2. Overriding Cultures
While ICT may have made the world a global village, it has also contributed to one culture consuming another weaker one. For example, it is now argued that K-Pop culture influences how most young teenagers all over the world now act, dress, and behave.
3. Privacy issue
Though information technology may have made communication quicker, easier, and more convenient, it has also brought along privacy issues. From cell phone signal interceptions to e-mail hacking, people are now worried about their once private information becoming public knowledge.
4. Reliability of Information
Anyone with access to a computer and an internet connection internet can start a blog or post something up on a website, so just because something is on the web does not mean it is reliable. A prime example of this is the open source encyclopedia, Wikipedia, although considered a good source of information it is not recognized by academic institutions as a trustworthy reference.
5. Computer viruses, worms, Trojans, malware, spam, phishing
Any or all can cause chaos and disrupt our daily lives
6. Setting
Setting up the device can be very troublesome.
7. Expensive
Too expensive to afford.
8. Lack of experience
Hard for teachers to use with a lack of experience using ICT tools.
THE ROLE OF MALAYSIAN COMMUNICATIONS AND MULTIMEDIA COMMISSION
The Malaysian Communications and Multimedia Commission (abbreviation: MCMC; Malay: Suruhanjaya Komunikasi dan Multimedia Malaysia) is a regulatory body whose key role is the regulation of the communications and multimedia industry based on the powers provided for in the Malaysian Communications and Multimedia Commission Act 1998, the Communications and Multimedia Act 1998, and the Strategic Trade Act 2010.
Its role to implement and promote the Government's national policy objectives for the communications and multimedia sector. MCMC is also charged with overseeing the new regulatory framework for the converging telecommunications and broadcasting industries and online activities.
ROLES OF MCMC
Mission
MCMC is committed to :
Vision
Establishing a communications and multimedia industry that is competitive, efficient and increasingly self-regulating, generating growth to meet the economic and social needs of Malaysia.
COMMISSION MEMBERS
Chairman : Dr. Fadhlullah Suhaimi Abdul Malek ( effective 10 June 2020 )
Commission Members (Governmental)
Commission Members (Non-governmental)
LAWS ON ICT
WHAT IS ICT LAW?
SOME COMMON AREAS OF ICT LAW
Net neutrality
The principle that Internet service providers (ISPs) must treat all Internet communications equally, and not discriminate or charge differently based on user, content, website, platform, application, type of equipment, source address, destination address, or method of communication.
Freedom of speech on the Internet
Article 19 of the Universal Declaration of Human Rights calls for the protection of free expression in all media. Which includes right such as freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
Internet empowers freedom of expression by providing individuals with new means of imparting and seeking information. On the other hand, the free flow of information has raised the call for content regulation, not least to restrict minors' access to potentially harmful information.
PROS AND CONS OF FREE SPEECH ON THE INTERNET
Pros :
It allows people to express their opinion openly and without fear.
Cons :
It allows people to express their opinion openly and without fear even if it means transgressing certain boundaries, offending sentimentalities, being blasphemous, etc.
Internet censorship
The control or suppression of what can be accessed, published, or viewed on the Internet enacted by regulators, or on their own initiative. Internet censorship puts restrictions on what information can be put on the internet or not.
Individuals and organizations may engage in self-censorship for moral, religious, or business reasons, to conform to societal norms, due to intimidation, or out of fear of legal or other consequences.
The extent of Internet censorship varies on a country-to-country basis. While some democratic countries have moderate Internet censorship, other countries go as far as to limit the access of information such as news and suppress discussion among citizens.
Internet censorship also occurs in response to or in anticipation of events such as elections, protests, and riots. An example is the increased censorship due to the events of the Arab Spring.
Other types of censorship include the use of copyrights, defamation, harassment, and obscene material claims as a way to suppress content.
LEGAL ENACTMENTS - EXAMPLES
Electronic signature laws:
Information technology laws:
MALAYSIAN CYBER LAWS
Copyright (Amendment) Act 1997
Computer Crimes Act 1997
Digital Signature Act 1997
Telemedicine Act 1997
Communications and Multimedia Act 1998
Electronic Commerce Act 2006
Electronic Government Activities Act 2007
Personal Data Protection Act 2010
Anti-Fake News (Repeal) Act 2020
Copyright (Amendment) Act 1997
An Act to make better provisions in the law relating to copyright and for other matters connected therewith.
The Copyright (Amendment) Act 1997, which amended the Copyright Act 1987, came into force on the 1st of April 1999, to make unauthorised transmission of copyright works over the Internet an infringement of copyright. It is also an infringement of copyright to circumvent any effective technological measures aimed at restricting access to copyright works. These provisions are aimed at ensuring adequate protection of intellectual property rights for companies involved in content creation in the ICT and multimedia environment.
Computer Crimes Act 1997
An Act to provide for offences relating to the misuse of computers.
The Computer Crimes Act 1997, effective as of the 1st of June 2000, created several offences relating to the misuse of computers. Among others, it deals with unauthorised access to computer material, unauthorised access with intent to commit other offences and unauthorised modification of computer contents. It also makes provisions to facilitate investigations for the enforcement of the Act.
Digital Signature Act 1997
An Act to make provision for, and to regulate the use of, digital signatures and to provide for matters connected therewith.
The Digital Signature Act 1997, enforced on the 1st of October 1998, is an enabling law that allows for the development of, amongst others, e-commerce by providing an avenue for secure on-line transactions through the use of digital signatures. The Act provides a framework for the licensing and regulation of Certification Authorities, and gives legal recognition to digital signatures. The Controller of Certification Authority, who has the authority to license and regulate Certification Authorities, was appointed on the 1st of October 1998.
Telemedicine Act 1997
An Act to provide for the regulation and control of the practice of telemedicine; and for matters connected therewith.
The Telemedicine Act 1997 is intended to provide a framework to enable licensed medical practitioners to practice medicine using audio, visual and data communications. To date, the Telemedicine Act has yet to be enforced.
Communications and Multimedia Act 1998
An Act to provide for and to regulate the converging communications and multimedia industries, and for incidental matters.
The Communications and Multimedia Act 1998 which came into effect on the 1st of April 1999, provides a regulatory framework to cater for the convergence of the telecommunications, broadcasting and computing industries, with the objective of, among others, making Malaysia a major global centre and hub for communications and multimedia information and content services. The Malaysian Communications and Multimedia Commission was appointed on the 1st November 1998 as the sole regulator of the new regulatory regime.
Electronic Commerce Act 2006
An Act to provide for legal recognition of electronic messages in commercial transactions, the use of the electronic messages to fulfill legal requirements and to enable and facilitate commercial transactions through the use of electronic means and other matters connected therewith.
Electronic Government Activities Act 2007
An Act to provide for legal recognition of electronic messages in dealings between the Government and the public, the use of electronic messages to fulfill legal requirements and to enable and facilitate the dealings through the use of electronic means and other matters connected therewith.
Personal Data Protection Act 2010
An Act to regulate the processing of personal data in commercial transactions and to provide for matters connected therewith and incidental thereto.
Anti-Fake News (Repeal) Act 2018
The Anti-Fake News Act 2018 [Act 803] is repealed.
Thank you for your attention.
Any questions?
END