Penal Code for Cyber Crime

By: Sonny Zulhuda

Cyber Crime is any crime that involves computer or computer system either as a target or as a medium. With this definition, one could should not be mistaken into thinking that cyber crime only takes place when a computer genius manages to interfere with a networked computer system, bypassing complicated security, encryption or any access-controlling mechanism.

Cyber crime includes those ‘conventional crimes’ in which the criminal has found a new way to launch their wrong-doing. by way of computer network or otherwise being facilitated by information technologies.

The legal role of addressing and curbing cyber crime can therefore be attributed to the conventional law of crime. In Malaysia, the main statute is the Penal Code.

In fact, while there are not many cases of cyber crime can be successfully enforced using the more-specific cyberlaw such as Computer Crimes Act, Penal Code (and other conventional law such as on gambling) had come to the rescue. Malaysian authorities had in the past invoked the Penal Code against diverse types of cyber crimes. Some few of those cases are being shared here:

1. Online Gambling

“Horse betting ring busted” (The Star, 23/1/2007)

Two foreigners, along with seven local men, have been arrested for illegally operating online horse race gambling with stakes of up to RM600,000 a week. Johor Baru (South) OCPD Asst Comm Shafie Ismail said initial investigations revealed that the syndicate processed online horse-racing bets three times a week, accepting bets worth RM200,000 each time.

2. Online Porn

“Internet Porn: Guard Gets 6 Months Jail” (Bernama, 4/6/2010)

A security guard was sentenced to six months imprisonment by the KL Sessions Court after he changed his plea to guilty to six charges of peddling pornography on the Internet.

Shahrom Mahadi (45) admitted to 6 counts of uploading pornographic pictures and disseminating them on six websites. He was charged under sec. 292 of the Penal Code, which provides for jail of not more than three years or fine or both, if convicted.

The court is of the view that the jail sentence was appropriate in view of the gravity of the offence and the profit motive involved. The court finds that the websites were deliberately set up to get clients which poses a severe danger to impressionable youngsters. The six-month jail sentences for each of the counts were ordered to run concurrently.

3. Online Fraud

“Woman jailed for online scam” (The Star, 24/3/2009)

A foreign woman was jailed for a year and three months for attempting to cheat a government officer through e-mail saying he had won a “Microsoft 2008 Anniversary” lucky draw prize of US$1mil (RM3.64mil).

Peace Okotie, 26, a business student at a private college in KL, who changed her plea to guilty after a witness testified at her trial earlier, was also slapped with four months’ jail for overstaying in Malaysia after her student pass expired on July 22 2008.

An assistant financial administrator Buang Md Sayuti received an e-mail purportedly from a “Microsoft Internet promotion’’ saying that he was a winner of the lucky draw. Then he received another e-mail saying that he has to pay a processing fee of US$2,750 (RM10,018) to deliver the prize money to his house. Okotie claimed to be a representative of the delivery company. Buang was asked to pay US$2,550 (RM9,289) to her to enjoy an exemption from any inspections in Malaysia.