MCMC teams up with law enforcement agencies to bring down online piracy.
IN 2016, Irdeto, a world leader in digital platform security, said Malaysia is the second largest sharer of pirated content in South-East Asia.
Earlier this year, an anime distributor’s company, Odex Private Limited based in Singapore, expressed concern on Facebook over the unauthorised circulation of the Sword Art Online movie allegedly leaked from fan screenings in Singapore and Malaysia.
“This situation, if prolonged, will increase the likelihood of Malaysia being blacklisted for future film releases. Online piracy may also negatively impact the local entertainment and creative industry,” says Malaysian Communication and Multimedia Commission (MCMC) network security and enforcement sector chief officer Zulkarnain Mohd Yasin.
Online piracy cost an estimated RM1.05bil loss in revenue to the Malaysian economy and an RM157mil loss in tax to the government last year, while over 1,200 jobs were lost in the local film and TV industry.
Legal issues
Those who run illegal streaming or torrent sites in Malaysia could be classified as violating Section 41 of the Copyright Act 1987 irrespective of the intention whether to trade or share the copyrighted content.
“If convicted, the penalty is a fine of not less than RM2,000 and not more than RM20,000 for each infringing copy, or imprisonment for a term not exceeding five years or both, and for any subsequent offence, a fine of RM4,000 and not more than RM40,000 for each infringing copy or imprisonment for a term not exceeding 10 years or both,” he says.
“MCMC works with other law enforcement agencies to curb this issue. Every party plays a role in promoting self-regulatory framework when it comes to the responsible use of the Internet. As we are moving forward to become a smart nation and entering the era of the Internet of Things, I believe that we are supposed to be less dependent on regulatory bodies and start regulating ourselves.”
Unlawful use, possession or supply of set-top boxes (that provides illegal streaming services) which is classified as a non-standard equipment or device is an offence under Section 239 of the Communication and Multimedia Act 1998.
If convicted, a person shall be liable to a fine not exceeding RM100,000 or to imprisonment for a term not exceeding two years or to both.
Apart from that, the communications equipment must be certified by the certification agency appointed by MCMC such as Sirim.
“MCMC has teamed up with other law enforcement agencies to control the demand and supply of set-top boxes that provide illegal streaming. Consumers must always only buy standard equipment or devices approved by MCMC to ensure its reliability, safety and security,” says Zulkarnain.
Tighter control
Zulkarnain says MCMC is currently looking at the possibility of combating online piracy under section 232 of CMA 1998 which deals with the fraudulent use of network facilities, network services and such.
He states that MCMC, with other law enforcement agencies such as the Commercial Crime Investigation Department and Ministry of Domestic Trade, Co-operatives and Consumerism (KPDNKK), views this issue seriously and has established a special committee known as Jawatankuasa Digital Piracy.
“From 2011 to April 2017, MCMC has instructed the Internet Service Providers in Malaysia to redirect access to a total of 116 websites based on official request from KPDNKK, due to contravention of the Copyright Act 1987,” says Zulkarnain.
He says stopping online piracy is a challenge for the law enforcement agencies as they can only control whatever happens within our borders.
“Most website administrators are in foreign countries and do not fall within our jurisdiction, thus we are not able to take action against them. As for Malaysia, MCMC currently works with all law enforcement agencies to look into possible ways to curb the problem using the available provisions under the law,” he says.
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