THE Malaysian Bar has raised concerns over a provision in the Cyber Security Bill 2024, urging the government to eliminate a clause granting immunity to federal and state governments under the proposed legislation.
Bar president Mohamad Ezri Abdul Wahab highlighted Section 2(2) of the bill, noting that governmental bodies should not be shielded from prosecution to uphold transparency and accountability.
“If the federal government or any state government is found to have committed an offence under this law, they must be subjected to the penalties under the law,” FreeMalaysiaToday quoted him as saying.
“A lack of accountability and immunity from enforcement against the federal or state government for offences under a Cyber Security Act would defeat the effectiveness of national cybersecurity policy.”
He cautioned that such immunity could lead to government disengagement from cybersecurity matters.
Moreover, the Cyber Security Bill underwent its first reading in Parliament on Monday (March 25) and was presented for a second reading today.
Ezri further urged the removal of Section 59, which imposes liability on individuals for the actions of others, arguing that criminal intent cannot be presumed in such cases.
“Section 59 imposes a liability on a person for the act, omission, neglect or default of a person’s employee, agent, agent’s employee or agent’s agent. Actus reus (guilty act) and mens rea (guilty mind) cannot be imputed, inferred and/or presumed to exist in such cases,” he added.
“The offences in the Cyber Security Bill are penal offences and not tort, where vicarious liability can be imposed.”
Furthermore, the Malaysian Bar has submitted a series of proposed amendments to the bill and communicated its concerns to Digital Minister Gobind Singh Deo.
“The Malaysian Bar believes that these proposals will enhance the bill and urges the government to consider and integrate them,” the statement concluded. – March 27, 2024
