PETALING JAYA: Cybercriminals operating overseas could face legal action under the proposed Cyber Crime Bill 2026 if their offences involve Malaysian systems or victims, says Bukit Aman Commercial Crime Investigation Department director Comm Datuk Rusdi Mohd Isa.
He said the proposed legislation would strengthen Malaysia's legal framework by providing a clearer basis for investigations and enforcement action against perpetrators operating beyond the country's borders.
“Cybercrime and online scams are no longer confined by geographical boundaries, with syndicates using digital infrastructure, artificial intelligence (AI) and identity impersonation to target victims in Malaysia.
"The cross-border jurisdiction provisions provide a clearer legal basis for investigations and enforcement action against perpetrators operating overseas," he said in a statement on Thursday (Nov 5).
He also welcomed provisions to strengthen investigative powers relating to data preservation and disclosure, the collection of traffic data and the interception of communications.
“These measures would enhance the police's ability to combat online scam syndicates, improve investigative effectiveness and serve as a deterrent to criminals who believe they can evade the law by operating from overseas or hiding behind digital technology.
He said the Commercial Crime Investigation Department remained committed to ensuring that cyberspace would not become a safe haven for criminals.
“Efforts to combat cybercrime require relevant legislation, responsive enforcement capabilities and cooperation between agencies and countries to protect the public from increasingly complex digital threats,” he added.
The Bill was previously explained by Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi, who said its provisions would allow legal action to be taken against overseas perpetrators as though the offences had been committed in Malaysia, provided the crimes involved Malaysian computer systems or victims who were Malaysian citizens.
In a written parliamentary reply, Zahid said the Government would rely on existing international cooperation mechanisms to ensure foreign-based criminals could be investigated, prosecuted and, where conditions were met, extradited to Malaysia.
He also said the Bill, which was passed by Parliament in July, sought to replace the Computer Crimes Act 1997 and address legal gaps in tackling emerging cyber threats, including AI-powered scams, identity impersonation and deepfakes.
Among its provisions, Clause 23 expands offences involving impersonation through computer systems, while Clauses 38 to 41 provide investigative powers covering data preservation, disclosure, traffic data collection and communication interception, subject to established safeguards.
Zahid also said Clause 54 empowered courts to issue orders to prevent or stop legal violations, including restitution for victims and asset-freezing orders to prevent proceeds of crime from being dissipated.
