Where's the Law

According to various sources, our SKMM (Malaysian Communications and Multi-media Commission) has asked our local ISPs to block access to several file-sharing sites on the excuse that these sites are found to have broken our local Malaysian laws.

Seriously.

I thought it was the job of the judiciary to determine if and when someone breaks the law and if the judiciary finds that the laws were broken, then the SKMM should enforce the law and order the ISPs to block the websites.

However, I am wondering when, if, these sites have been found to have broken any Malaysian law. As far as I understand it, the SKMM is not in a position to interpret any laws and determine if anyone is on the right or wrong side of it. If the SKMM has the power to act as it wishes, it risks taking one step overboard.

So, unless I am wrong, the MCMC has jumped the gun here and ordered the blocking of these sites. The right thing to do would be to take the issue to court and get a court order to legitimise the action. As it is, I personally think that this action is possibly illegitimate.

I am not a lawyer of course.

Published by

Shawn Tan

Chip Doctor, Chartered Engineer, Entrepreneur, Law Graduate.

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