CYBERSEX IN MALAYSIA: THE LINE BETWEEN FREEDOM OF EXPRESSION

AND THREAT TO MORALITY

oleh
NORAZLINA ABDUL AZIZ & MAZLINA MANSOOR*
MALAYSIA

ABSTRACT

Uncertainty on the dividing line between the benefit of exercising the right to freedom of expressio
towards morality becomes the primary concern underlying this study. Sexual exploitation via the I
The traditional laws of criminal and civil claims fail to address this matter sufficiently. The worrying
is given wide freedom to exploit sexual expression via the Internet. This study adopts a qualitative
involves primary and secondary data collection through the library. The Federal Constitution which
speech and communication, the Communication and Multimedia Act 1998 which is the guardian o
and very much promotes freedom of expression, and the Penal Code, are critically studied with reg
database of Ebscohost, Proquest, E-science and etc are also sources of reference. The study also a
structured interviews are conducted. A summary of the results portray the inadequacy of the Mala
cybersex in Malaysia which will lead to the creation of a threat to morality. The Malaysian laws are
conclusion to this study is the need to prevent the continuance of sexual exploitation through the
recommendations to reform the current legal framework in Malaysia, to balance the function of th
expression and to curb the activities of the illegal usage of sexual exploitation.
Keywords: cybersex, freedom of expression, morality.
1.0. INTRODUCTION

Cybersex is viewed as allowing freedom to citizens of a democratic country to express ones notion
supported by the argument that there is no physical contact between the persons involved in such
cybersex is said to help prevent the spread of infectious and harmful disease from one person to a
for disabled persons to enjoy natural life needs. Many studies which have been conducted on the e
behaviour, portrays that cybersex breeds crime. The worrying revelation is the impact of uncontro
children.
2.0. INTERPRETATIONS AND DEBATES
2.1. Cybersex

Cybersex is defined as 'online sex-oriented conversations and exchanges' [1] or sex-oriented mater
definition divides the act of cybersex, where it can be either participating in conversation or postin

Cybersex is also defined as a virtual sex encounter in which two or more persons connected remot
another sexually explicit messages describing a sexual experience. It is a form of role-playing in w
are having actual sexual intercourse, by describing their actions and responding to their chat partn
designed to stimulate their own sexual feelings and fantasies. The quality of a cybersex encounter
participants' abilities to evoke a vivid, visceral mental picture in the minds of their partners; imagi
are also critically important.[2]

The online version is an equivalent of a telephone sex line, with two differences. First, it typically t
channel. Second, it is almost always a non-paid conversation between consenting adults. [3] These
only viewing and/or downloading pornography along with masturbation, but also reading and writi
stories, e-mailing to set up personal meetings with someone, placing ads to meet sexual partners,
rooms, and engaging in interactive online affairs which include real-time viewing of each other usi
the computer.[4]

From the interpretation above several elements can be derived from cybersex which are, it takes t
act of cybersex involves two human beings or in odd cases it involves two parties [5] to the act. Bot
online.[6] It does not involve physical touch as the tools used are expressions and playing off one's
accepted by the supporters of cybersex, to be a safeguard against the spread of infectious disease
frequent players looking for free sex and this particular element is the leading factor that provides
experience "sex" .
2.2. Right to Freedom of Expression and Access of Information

This human right allows one to freely express one's opinion and to gather knowledge from someon
only be applied with limitations. It is within the context of this right that a child is granted a right t
Lyod[7] stated that the Internet has aggressively replaced other mass media forms of expressing vi
surpasses any media known to date. [8] Its unique features capture the attentions of many especial
freedom of opinion and expression[9] which means that any speech or expression of ideas will be s
the authorities.

In any democratic country, internet users claim the right to freedom of speech and expression. Lit
Dalzell in the United States District Court, in the case of Reno v. ACLU[11] in 1996, who opined that
protection from governmental intrusion to control the usage of the right to freedom of expression
mass speech. Then again, literature [12] states that Article 10 of the European Convention on Huma
freedom of expression which shall include freedom to hold opinions and to receive and impart info
interference by public authority and regardless of frontiers. However, it was further stated by this
freedoms may be subject to certain formalities, conditions, restrictions or penalties as are prescrib
democratic society.

It has been more than a decade, where back in 1996, many countries around the world became fr
associated with the Internet. China mandated that Internet users must register with the police. Du
in China in 1990, the Internet kept Chinese communities around the world, especially in universitie
through email and newsgroups, by passing all government censorship. [13] Germany banned access
Computer. Saudi Arabia restricted Internet access to universities and hospitals. Singapore mandat
must register with the government. In another incident in 1996, a radio station in Yugoslavia brave
speech and continued to broadcast over the Internet after all other normal broadcasting was shut
dictatorial governments in Europe, later overthrown. New Zealand courts ruled that computer disk
be censored. None of these efforts had much lasting effect.

In many countries, the political pressure to impose regulation in cyberspace is evident in governm
obscenity. Malaysian laws are developing at a rather slow pace in responding to this matter. Never
contaminated, Malaysians are very much affected as we uphold the beliefs of preserving natural a
after marriage, legally married couples, and limited conversation on sexual matters are among the
of a civilised future generation this has to remain.
2.3. Morality

According to Western belief, morality is a reflection of social practices. It changes with time and sp
time and space. It is because of this that human behaviour or human relations, which is considere
moral in future. Their philosophers emphasized morality which required justice, a peaceful society
whole.[14] In contrast, the Islamic view divides the definition into two categories, the first based on
and the other developed on the basis of human reasoning. All man-made moral rules are valid in I
conform to the Quran and Sunnah. With this distinction it can be said that the western view of mo
direction as it does not bear the characteristics of universality, eternity and immutability.
The term "morality" can be used either [15]
1. descriptively to refer to a code of conduct put forward by a society or,
a. some other group, such as a religion, or be accepted by an individual for her own behavior or

2. normatively to refer to a code of conduct that, given specified conditions, would be put forward

Law or a legal system is distinguished from morality or a moral system by having explicit written r
interpret the laws and apply the penalties. Although there is often considerable overlap in the con
governed by law, laws are often evaluated on moral grounds. Moral criticism is often used to supp
even maintained that the interpretation of law must make use of morality.[16]
3.0. DEVELOPMENT IN THE UNITED STATES OF AMERICA

A study[17] (William H. Jordan:2006) in United States discloses that the largest consumers of online
the ages of twelve and seventeen. The existing regulations that govern the freedom of expression
protection of children. The United States takes a lenient approach to censoring communication via
would be violating the right to freedom of expression provided under the First Amendment. The so
expression is very much protected. The most prominent case concerning freedom of expression an
government authority to regulate speech with the Communications Decency Act and its successor
(COPA).[18]

The attempt to censor indecent content by enacting the Communication Decency Act 1996 has giv
to ban the enforcement of the Act. Section 233 of the Act carries the objective of illegalizing the ac
harmful content to persons below the age of 18 years old. However many have contended this pro
exercising their rights to share information with the world. In the first case of Reno v. ACLU[19], the
enforcement of the Act. This shows that the United States takes a very non restrictive approach to
expression.

The Children Online Protection Act (COPA) was later introduced with a similar aim. It was framed to
Unfortunately this regulation received the same controversial debate over its provisions. Violation
Amendment was put forward as the central argument. The remaining and subsisting law is the Ch
Children deserve protection from exposure to games with graphic violence and strong sexual cont
Privacy Protection Act was enforced with the purpose of enhancing the parental role in protecting
children in cyberspace chat rooms, home pages, maintain security of personal identifying informat
and limit access without parental consent. Under this Act, any material deemed "harmful to minor
effectively re-instituting the CDA (Jarret B. Wollstein: 1999).

Cybersex impacts society as a whole, particularly children. The worrying factor lies in the deteriora
United States of America, consummation of sex outside wedlock seems to be acceptable. Howeve
promote self regulation among the internet service providers to help in reducing the circulation an
and pornographic content through their web. The advantage for the Internet service provider who

matter is exemption from criminal liability for distributing the illegal content.
4.0. DEVELOPMENT IN THE UNITED KINGDOM AND EUROPEAN UNION

A shocking revelation was made in 1995, at the meeting of the British Association for the Advance
forward that half the searches made using internet search engines were seeking pornographic ma
the ability of the present children to operate new technology and the immature minds which are e
content. The United Kingdom and European Union are very much advanced in handling the unsafe
European Commission created an action plan to promote the safe use of the Internet which incorp
states to develop a self regulation system and filtering tools. [22]

Their Internet Watch Foundation even suggested that Internet Service Providers (ISP) shall be mad
published within their medium. For this purpose the Internet service provider will be regarded as t
under statute such as the Obscene Publications Act. In the context of the Internet, it can be catego
includes 'distribution' also. However, the development in the UK states that an ISP will not be cate
if it is only involved as the operator of or it has no effective control. [23] The European Parliament Co
introducing the policy through a report on "Illegal and Harmful Content on The Internet Communic
Committee of the Regions which stated that what is illegal offline must be illegal online. [24] (Ida Ma

In response to the need to regulate internet content that may possibly pollute a child's mind, certa
of the Committee. Their recommendations were given effect in the Criminal Justice and Public Ord
in the Obscene Publications Act 1959 and Protection of Children Act 1978 (Diane Rowland, Elizabe
Protection of Children Act was amended to extend the definition of photograph to include compute
of the statute to include internet communication while section 1(1) of the Obscene Publications Ac
publish any obscene article. Other relevant statutes include the Children and Young Persons (Harm
makes harmful content in pictorial form published in books, magazine or other like work an offence
the hands of children and young persons.
5.0. DEVELOPMENT IN MALAYSIA

The Malaysian government has signed and ratified the Convention on the Rights of the Women an
Under Article 19 of the Convention, it is stated that all states have to take appropriate legislative m
form of physical or mental violence, injury or abuse or negligence or exploitation, including sexual
cybersex activities. Article 34 of the Convention covers specifically the rights of a child to be prote
exploitations and sexual abuse such as prostitution and other unlawful activity including pornogra

There is no specific international agreement which bans all types of cybersex and pornography on
countries decide to ban pornography internationally, they have to develop a unified standard on w
pornographic.[25] There are attempts made through international laws to unify different moral perc
what constitutes good morals. One is the minimum content of what is perceived as pornography. A
images which are considered obscene in all, or almost all, countries will fall into the category of un
Internet. The second is an average standard. This standard tries to strike a balance between what
country with the one which is perfectly fine in another. [26]

The Federal Constitution guarantees freedom of speech and freedom of expression to the citizens
freedom is not absolute and is subject to such restrictions as is deemed necessary or expedient in
federation or any part thereof, friendly relations with other countries, public order or morality and
privileges of Parliament or of any Legislative Assembly or to provide against contempt of court, de
offence.[28]. Some forms of speech are thoroughly outlawed in Malaysia. Therefore there are some
under Article 10(2) and Article 10(4) of the Federal Constitution.[29] These grounds gave birth to a n

on the basis of security, public order and defamation - Sedition Act 1948, Internal Security Act (ISA
1972 and Defamation Act 1957. The Federal Constitution also authorises Parliament to restrain fre
of morality. Legislation enacted under this head are the Film Censorship Act 2002, Indecent Advert
1952, Medicines (Advertisement and Sale) 1956, Printing Presses and Publications Act 1984 and P
Malaysia Act 1981.

Other permissible restrictions are the Communication and Multimedia Act 1998 and the Penal Cod
Penal Codecriminalises the distribution, import, export and receipt of profits from printed obscene
covers obscene static images or objects and does not include film and moving images. It is highly
need to standardise the offences within theCommunications and Multimedia Act 1998 and Film Ce
offences under Section 292 of the Penal Code should be codified in all the existing laws.
Another alternative is to include film and moving images into the jurisdiction of the Penal Code.

The Communications and Multimedia Act 1998 outlines guidelines for voluntary self-regulation of I
Multimedia Act of 1998 ("CMA") and the Communications and Multimedia Commission Act of 1998
Malaysia's telecommunications, broadcasting, and Internet sectors, including related facilities, ser
establishes the Malaysian Communications and Multimedia Commission, which is empowered to re
and communications industries. The commission takes the position that the Internet content must
reasons of access, privacy and security and protection of individual rights. [31]

The CMA empowers the commission with broad authority to regulate online speech, providing that
provider or other person using a content applications service, shall provide content which is indec
offensive in character with intent to annoy, abuse, threaten or harass any person." [32] The CMA als
which formulates and implements the Content Code - voluntary guidelines for content providers co
deemed offensive and indecent.
The Content Code provides specific descriptions of certain terms which may relate to cybersex as

Obscene content gives rise to a feeling of disgust by reason of its lewd portrayal and is essentially
of decency and modesty. There is every possibility of such content having a negative influence an
influenced. The test of obscenity is whether the content has the tendency to deprave and corrupt
communication. Specific regards to be had to:
Explicit Sex Acts/ Pornography

Any portrayal of sexual activity that a reasonable adult considers explicit, and pornographic is pro
including rape or attempted rape and statutory rape, as well as bestially is not permitted including
through animation and whether consensual or otherwise.
Child Pornography

Child Pornography, including the depiction of any part of the body of a minor in what might be rea
and any written material or visual and/ or audio representation that reflects sexual activity, wheth
strictly prohibited.

Any portrayal of sexual activity that a reasonable adult considers explicit, and pornographic is pro
including rape or attempted rape, statutory rape and bestially is not permitted together with the p
animation and whether consensual or otherwise.

In addition to the CMA, the Film Censorship Act 2002 plays a part in controlling moving obscene im

telephone. The film can easily be made available through the Internet. Section 5(1) provides that
to have in his possession, custody, control or ownership, or circulate, exhibit, distribute, display, m
film or film-publicity material which is obscene or is otherwise against public decency.

The FCA gives power to the Censorship Board to censor all films before being released to the publ
the film in the prescribed manner for censorship to the Board without any alteration or excision, at
of section 9(1) of the FCA. Undersection 9(2), the owner of a film who contravenes section 9(1) co
on conviction to a fine of not less than five thousand ringgit and not more than thirty thousand rin
not exceeding three years or to both.[34]

Section 18 provides that the owner of a film approved by the Board for exhibition shall affix on the
The owner of a film who contravenes this provision by exhibits, distributes or sells a film without th
respect of a film a classification different from that given by the Board to the film, commits an offe

In the offline world, the act of kissing and hugging by a Chinese couple in a public park at the hear
recognised by the court as a way to exercise freedom of expression and it was not an accepted pr
realm is considered as a public domain, there is a high probability that the Malaysian court will ext

Comments[36] have been made on the possibility of the Commission defining the scope of liability u
questions that were put forward are how would the Commission decide as to what should be regul
are defamatory and slanderous to the government or to an individual's ethnic background or gend
of degree and standard to be applied when regulating. There is also the issue of whether the act o
which the Act has clearly stated it will not permit. Looking at the development in various countries
Malaysia is currently at a drawback on the legal framework that governs this matter. In this instan
procedure has not been adopted in any of these Malaysian laws stated above, leaving the types of
party limited to the traditional remedies specified under their specific legislation.
6.0. ETHICAL CONSIDERATIONS AND THE EFFECT ON PUBLIC MORALITY

The development of information communication technology( ICT) and convergence technology in

brought a significant change to the legal development of media and communication in Malaysia. [3
has contributed both positive and negative impact to the world. The world has become smaller, co
have been expedited, discharging bills and payment have become much easier with the assistanc
Unfortunately, as many enjoy the advantages of new technology, there are many who have misus
renders conventional and territorial legislation less applicable. [38] The nature of convergence techn
framework to guide future development. Policing a global operation like the Internet involves polic
widely differing domestic laws, cultures and social mores. [39]

An overwhelming usage of the Internet has contributed to uncontrollable activities which exposes
it is dissemination of indecent sexual expression. The statement or publication can consist of word
broadcast or transmitted electronically. [41]

The regulation of cybersex involves vital consideration as to its applicability. The western countrie
contaminating public morality. Unlike the eastern countries which view free sexual expression as im
cybersex would be contradictory if the offender originates from a western country. The developme
undergone a climatic revolution. From a belief in celibacy [42] to the extreme of unrestrained sexual
idea of "sex for fun", "sex for its own sake" and free sex" which would adversely affect the concep
human society.[44]

Debate continues among moralists on whether cybersex is a form of infidelity. One of Immanuel Ka

considering deontological ethics argues that it was not the consequences of actions that make the
the person who carries out the action. While it does not involve physical contact, critics claim that
cause marital stress, especially when cybersex culminates in an Internet romance. In several know
the ground for divorce. While cybersex addiction is a type of sexual addiction, special challenges o
anonymity and ease of access.[46]

Those who attempt to prove the morality of cybersexual relationships will use these arguments ge

i. Cybersex has the potential virtually to eliminate several sexually related scourges including HIVpregnancies and abortion.

ii. Cybersex provides international public health officials and population policy-makers at the Unite
Parenthood with renewed focus. The challenge is to make as many computers available as possibl
living in the Third World in order to stabilize population growth.
iii. Cybersex revolution provides enormous financial potentials globally.

iv. Cybersex prepares a good ground for sexual competence due to exposure and practice of sexua
cybersex serves as a convenient means to apprenticeship and experimentation for a better marria

v. The anonymity in cybersex allows stigmatized groups (homosexuals, physically and mentally ch
their stigmatized aspect.

People can both spend hours on the net in the privacy of their own home, and engage in fantasies
people cannot compete with fantasy, cybersex addiction can erode and even replace genuine intim
gives us a very good idea on how this drifting away from relationship happens in cybersex. In his m
happens to Rebecca, a "netizen":

Rebecca is not sexually active other than with men she meets online. Although she has had cyber
the men she meets on AOL, Rebecca has not physically had sex with a partner. Rebecca does not
because she does not believe it to be moral or safe. Rebecca's sex life is undeniably tied to her co
system it is connected to. Without a computer, Rebecca would not be able to freely access her sex
can within the narrowband width space of AOL. Without computers, she could not reach her poten
fully human. Using the prosthesis of the computer, Rebecca is able to be more human than she co
is part human, part machine, and without the machine, she would remain only partly human. The
the machine has blurred. Rebecca has become a cyborg. [47]

Maintaining relationships is also very difficult if you are compulsively on the Internet for hours. For
parents have a great influence on the sentiments and sometimes actions of a child. Socialization f
development is dependent upon the parent. Having a cybersex addictive parent could result in kid
is an acceptable way of life.

There is also the separate risk factor of Internet addiction, which is perceived to be a cause of soc
productivity and ephebophiles have been known to engage in cybersex with underage users. In th
sometimes try to send child pornography across the network, or to arrange meetings. Cybersex pr
the very sexual reality it portrays is projected as what is normatively normal and desirable. Sexual
masturbation, promiscuity, sexual harassment, adultery, etc. Cybersex hardly has any redeeming
7.0. CONCLUSIONS

To sum up, it can be said that how freedom of speech and expression are perceived through the ey

might differ. Democratic countries promote the totalism of usage to the extent of preventing censo
information via the Internet. The right to express one's emotions and feelings are granted because
nature. Humans need communication. Nevertheless if that right encroaches on the moral and ethi
to be tamed.

Cybersex has a negative impact on both, the present and future generations. Collectively, all fami
steps are taken to restrict this freedom of expressing sexual lust online, then our future generation
acceptable culture resulting in society going against nature and leading a life of confusion. It will h
country and the world as a whole.

[Acknowledgement: Thank You to the Dean of Faculty of Law and Universiti Teknologi MARA, Sha
motivating young researchers. Special thanks to Associate Professor Dr. Zaiton Hamin for her kind
throughout the completion of this study.]

* Faculty of Law, Universiti Teknologi Mara, 40450 Shah Alam, Selangor Darul Ehsan, Malaysia, nor
mazlina_mm@yahoo.com
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Brad Brolin, 2008, ISP Liability: Defamation, available at http://www.bitlaw.com/internet/isp.html a

Carlos G Ronquillo, 2010, The Challenge of Cybersex To Ethics available at http://eapi.admu.edu.p

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David Price, 2001, Defamation Law, Procedure & Practice, Sweet & Maxwell, London.
Graham J H Smith, 2007, Internet Law and Regulation, Sweet & Maxwell, London.

Ian Llyod, 2000, Legal Aspect of the Information Society, Butterworths, London, Edinburgh, Dublin

Ida Madieha, 2007, Content Regulation in Malaysia Unleashing Missiles on Dangerous Web Sites a
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Jan Samoriski, 2002, Issues in Cyberspace: Communication, Technology, Law and Society on The In
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Jarret B Wollstein, 1999, Freedom Of Speech Under Seige, Journal of The International Society For
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Mazlifah Mansoor and Mazlina Mohamad Mangsor, 2006, Pornography: Inadequacy of Law or Ignor
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Ronald Dworkin, 2006, Justice in Robes, Sovereign Virtue: The Theory and Practice of Equality, and
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Roy J. Girasa, 2002, Cyberlaw National and International Perspectives. Prentice Hall, New Jersey.

Samtani Anil, 2002, An Overview of Internet Content Regulation: And Privacy Protection With A Fo
Mechanisms To Protect Children. International Conference On Law and Commerce, International Is
Malaysia, 25 &26 June 2002.

Sayyid Muhamad Rizvi, 1994, Marriage and Morals in Islam, Islamic Education and Information Cen

Stanford Encyclopedia of Philosophy available at http://plato.stanford.edu/entries/morality-definitio

Vakul Sharma.(2006). Information Technology Law and Practice: Cyber Law & E-Commerce. Univer
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Faculty Of Law, Universiti Teknologi Mara, 40450 Shah Alam, Selangor Darul Ehsan Malaysia. Emai
mazlina_mm@yahoo.com.
Endnotes:
[1]

http://www.merriam-webster.com/dictionary/cybersex accessed on 13 September 2010.

[2]

http://www.wordiq.com/definition/Cybersex accessed on 13 September 2010.

[3]

http://www.pcmag.com/encyclopedia_term/0,2542,t=cybersex&i=40644,00.asp.

[4]

Jennifer P. Schneider, Robert Weiss, 2010, Understanding Addictive Cybersex, available at

http://www.cybersexualaddiction.com/understanding.php accessed on 6 October 2010.
[5]

Party may involve more than one person on one side or the other. A group of people having cyb

group on the other side of the line.

[6]

This is one argument in the western laws that there will be an escape from any legal liability res
consent of either party. Having sex without consent of a woman will expose the man to an accusat
[7]

Ian Llyod, 2000, Legal Aspect of the Information Society, Butterworths, London, at pg 6.

[8]

Chelsea L.Y Ng, 2008, Facing Up to Libel Suits, The Sunday Star, http://mavrkylawofdefamation.
2010
[9]

Refer to Article 19: UDHR- United Declaration of Human Rights.

[10]

Reed Chris & Angel John, 2002, Computer Law, Universal Law Publishing, India at pg 12

[11]

521 U.S. 844 (1997).

[12]

Graham J H Smith, 2007, Internet Law and Regulation, Sweet & Maxwell, London at pg 101; Bra
Defamation, available at http://www.bitlaw.com/internet/isp.html accessed on 31 May 2010.
[13]

Micheal True, 2000, The 1989 Democratic Uprising in China: A nonviolent Perspective, The Inte
available at http://www.gmu.edu/programs accessed on 10 July 2010.
[14]

Abdul Haseeb Ansari, 2009, Law and Morality: An Endeavour To Harmonize Law Governing Mora
Special Reference To Homosexuality and Same Sex Marriage, International Conference on Harmon
Chambers, Putrajaya.
[15]

Stanford Encyclopedia of Philosophy available at http://plato.stanford.edu/entries/morality-defin

2010.
[16]

Ronald Dworkin, 2006, Justice in Robes, Sovereign Virtue: The Theory and Practice of Equality,
College, London, at pg 75.
[17]

William H. Jordan, 2006.

[18]

Jan Samoriski, 2002, Issues in Cyberspace: Communication, Technology, Law and Society on Th
Massachussets at pg 61.
[19]

521 U.S. 844 (1997).

[20]

Roy J. Girasa, 2002, Cyberlaw National and International Perspectives, Prentice Hall, New Jersey

[21]

Ian Llyod, 2000, Legal Aspect of the Information Society, Butterworths, London, Edinburgh, Dub

[22]

Refer to online at http://www.etsi.org/WebSite/document/aboutETSI/EC_Mandates/draftM284. pd

[23]

Note 9 at pg 105.

[24]

Ida Madieha, "Content Regulation in Malaysia Unleashing Missiles on Dangerous Web Sites" (20
http://www.bileta.ac.uk/03papers/azmi.html accessed on 13 April 2008.
[25]

Mazlifah Mansoor and Mazlina Mohamad Mangsor, 2006, Pornography: Inadequacy of Law or Ig
at the Women and Law Seminar, Renaissance Hotel Malacca,e, 9 September 2006.
[26]

Alexander Shytov, 2005, Indecency on the Internet and International Law, IJL&IT 13(260).

[27]

Refer to Article 10(1).

[28]

Article10(2) of the Federal Constitution.

[29]

Noraini Ismail & Norazlina bt Abdul Aziz, 2008, Defamation on Internet: Freedom of Speech v Pr
5th ASLI Conference, National University of Singapore.
[30]

The Communications and Multimedia Content Forum of Malaysia online available at http://www
2010.
[31]

http://opennet.net/research/profiles/malaysia accessed on 12 April 2010.

[32]

Refer to Section 211 and 233 of The Communications and Multimedia Act 1998.

[33]

Part 2.3 of the Malaysian Communications and Multimedia Content Code.

[34]

Public Prosecutor v. Chung Wan Li Criminal Appeal no 41-23-2004-11, The Respondent (Accused
was charged for an offence under Section 5(1) Film and Censorship Act 2002. He was discharged a
public prosecutor has failed to prove a prima facie case by only screening 18 VCDs at random and
the Court of which of the 4 VCDs out of the 18 VCDs were of obscene material and neither was the
VCDs were of obscene material or otherwise.
[35]
[36]

Ooi Kean Thong Siow Ai Wei v. Pendakwa Raya [2006] 3 MLJ 389.
Note 20.

[37]

Juriah Abd Jalil, 2002, Media in Digital Environment Legal Development of Television Broadcasti
Conference On Law and Commerce, International Islamic University, Kuala Lumpur, Malaysia.
[38]

Ibid at pg 6.

[39]

Samtani Anil, 2002, An Overview of Internet Content Regulation: And Privacy Protection With A
Mechanisms To Protect Children, International Conference On Law and Commerce, International Is
Malaysia.
[40]

Words are the essence of the tort of defamation and the Plaintiff must in his statement of claim
complains. The difficulty of words is that they can mean different things to different people and th
are published will affect the meaning.
[41]

David Price, 2001, Defamation Law, Procedure & Practice, Sweet & Maxwell, London at pg 6.

[42]

Celibacy is a concept of suppressing human needs toward sex. Applicable in pre-victorian Chris
nun and priest are not allowed to marry. A negative understanding of sexuality, such as from Imm
undermines values, and challenges our moral treatment of other persons. Sex, says Kant, "makes
appetite". In this understanding, sexual celibacy may lead to the best, or most moral life.
[43]

Sayyid Muhamad Rizvi, 1994, Marriage and Morals in Islam, Islamic Education and Information

[44]

ibid.

[45]

Stanford Encyclopedia of Philosophy, 2004, Kant's Moral Philosophy, available at http://plato.sta

accessed on 2 September 2010.
[46]

Joanna Saisa, Melinda Smith, Robert Segal, Jeanne Segal, 2010, Internet Addiction: Sign, Sympt

available online at http:// helpguide.org/mental/internet_cybersex_addiction accessed on 6 Octobe

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Carlos G Ronquillo, 2010, The Challenge of Cybersex To Ethics available at http://eapi.admu.ed

on 6 October 2010.