When internet service providers should be called to block and take down online materials?: the Malaysian approach

Internet service providers ('ISP') have been seen as convenient callers to stem out online illegal and harmful materials -- just like The Ghostbusters in the case of strange sightings in the neighbourhood. Since ISPs are 'gatekeepers' of the digital world, they continue to rece...

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Main Authors:	Daud, Mahyuddin, Abdul Ghani Azmi, Ida Madieha, Ismail, Suzi Fadhilah
Format:	Article
Language:	English
Published:	Lexis Nexis 2018
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/68997/ http://irep.iium.edu.my/68997/1/When_Internet_Service_Providers_Should_Be_Ca.PDF

id	iium-68997
recordtype	eprints
spelling	iium-689972019-01-09T02:22:47Z http://irep.iium.edu.my/68997/ When internet service providers should be called to block and take down online materials?: the Malaysian approach Daud, Mahyuddin Abdul Ghani Azmi, Ida Madieha Ismail, Suzi Fadhilah K Law (General) Internet service providers ('ISP') have been seen as convenient callers to stem out online illegal and harmful materials -- just like The Ghostbusters in the case of strange sightings in the neighbourhood. Since ISPs are 'gatekeepers' of the digital world, they continue to receive requests to block access to illegal and harmful materials that allegedly breached national laws. To a significant extent, ISPs were forced to become the 'Internet police' -- which went against their main purpose of business. In order to encourage ISPs' freedom to operate, notice and takedown procedure was recognised as legal means to protect them from any third party liability for hosting such materials. This article begins with an overview of Vision 2020, which Page 1 provides the main framework for the development of Internet industry in Malaysia. Due to such vision, more companies that provide Internet access have 5 MLJ clxii at clxiii been incorporated. In order to protect ISPs' freedom to operate, Malaysia has adopted 'safe harbour' that recognised limited liability through notice and takedown procedure. However, this article reveals that the Malaysian version of notice and takedown procedure could invite supposition that censorship or Internet policing is taking place -- which goes against global trends that had moved towards private notice system Lexis Nexis 2018-11-01 Article PeerReviewed application/pdf en http://irep.iium.edu.my/68997/1/When_Internet_Service_Providers_Should_Be_Ca.PDF Daud, Mahyuddin and Abdul Ghani Azmi, Ida Madieha and Ismail, Suzi Fadhilah (2018) When internet service providers should be called to block and take down online materials?: the Malaysian approach. Malayan Law Journal, 5 (clxii). pp. 1-6. ISSN 0025-1283
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General)
spellingShingle	K Law (General) Daud, Mahyuddin Abdul Ghani Azmi, Ida Madieha Ismail, Suzi Fadhilah When internet service providers should be called to block and take down online materials?: the Malaysian approach
description	Internet service providers ('ISP') have been seen as convenient callers to stem out online illegal and harmful materials -- just like The Ghostbusters in the case of strange sightings in the neighbourhood. Since ISPs are 'gatekeepers' of the digital world, they continue to receive requests to block access to illegal and harmful materials that allegedly breached national laws. To a significant extent, ISPs were forced to become the 'Internet police' -- which went against their main purpose of business. In order to encourage ISPs' freedom to operate, notice and takedown procedure was recognised as legal means to protect them from any third party liability for hosting such materials. This article begins with an overview of Vision 2020, which Page 1 provides the main framework for the development of Internet industry in Malaysia. Due to such vision, more companies that provide Internet access have 5 MLJ clxii at clxiii been incorporated. In order to protect ISPs' freedom to operate, Malaysia has adopted 'safe harbour' that recognised limited liability through notice and takedown procedure. However, this article reveals that the Malaysian version of notice and takedown procedure could invite supposition that censorship or Internet policing is taking place -- which goes against global trends that had moved towards private notice system
format	Article
author	Daud, Mahyuddin Abdul Ghani Azmi, Ida Madieha Ismail, Suzi Fadhilah
author_facet	Daud, Mahyuddin Abdul Ghani Azmi, Ida Madieha Ismail, Suzi Fadhilah
author_sort	Daud, Mahyuddin
title	When internet service providers should be called to block and take down online materials?: the Malaysian approach
title_short	When internet service providers should be called to block and take down online materials?: the Malaysian approach
title_full	When internet service providers should be called to block and take down online materials?: the Malaysian approach
title_fullStr	When internet service providers should be called to block and take down online materials?: the Malaysian approach
title_full_unstemmed	When internet service providers should be called to block and take down online materials?: the Malaysian approach
title_sort	when internet service providers should be called to block and take down online materials?: the malaysian approach
publisher	Lexis Nexis
publishDate	2018
url	http://irep.iium.edu.my/68997/ http://irep.iium.edu.my/68997/1/When_Internet_Service_Providers_Should_Be_Ca.PDF
first_indexed	2023-09-18T21:37:55Z
last_indexed	2023-09-18T21:37:55Z
_version_	1777412944763551744

When internet service providers should be called to block and take down online materials?: the Malaysian approach

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