LIABILITY OF INTERNET SERVICE PROVIDER IN CYBER DEFAMATION: AN ANALYSIS ON COMMUNICATION AND MULTIMEDIA ACT 1998

Abstract

The purpose of this paper is to examine the liability of Internet Service Provider for cyber defamation under Communications and Multimedia Act 1998 in Malaysia. The enactment of the Communications and Multimedia Act 1998 creates confusion on what law should be applied in cyber defamation cases. Furthermore, the law regarding the liability of online intermediaries is still uncertain in Malaysia as there is no decided case law to determine whether online service providers are liable for unwittingly transmitting or hosting illegal, offensive or objectionable content generated by the customer. The data are gathered from existence provisions, journals, and electronic references. The findings of the study found out that Communications and Multimedia Act 1998 should be revised and amend, added the provisions specifically on liability of internet service provider in Malaysia.