When internet service providers should be called to block and take down online materials?: the Malaysian approach

Internet service providers ('ISP') have been seen as convenient callers to stem out online illegal and harmful materials -- just like The Ghostbusters in the case of strange sightings in the neighbourhood. Since ISPs are 'gatekeepers' of the digital world, they continue to rece...

Full description

Bibliographic Details
Main Authors: Daud, Mahyuddin, Abdul Ghani Azmi, Ida Madieha, Ismail, Suzi Fadhilah
Format: Article
Language:English
Published: Lexis Nexis 2018
Subjects:
Online Access:http://irep.iium.edu.my/68997/
http://irep.iium.edu.my/68997/1/When_Internet_Service_Providers_Should_Be_Ca.PDF
_version_ 1848787037828677632
author Daud, Mahyuddin
Abdul Ghani Azmi, Ida Madieha
Ismail, Suzi Fadhilah
author_facet Daud, Mahyuddin
Abdul Ghani Azmi, Ida Madieha
Ismail, Suzi Fadhilah
author_sort Daud, Mahyuddin
building IIUM Repository
collection Online Access
description Internet service providers ('ISP') have been seen as convenient callers to stem out online illegal and harmful materials -- just like The Ghostbusters in the case of strange sightings in the neighbourhood. Since ISPs are 'gatekeepers' of the digital world, they continue to receive requests to block access to illegal and harmful materials that allegedly breached national laws. To a significant extent, ISPs were forced to become the 'Internet police' -- which went against their main purpose of business. In order to encourage ISPs' freedom to operate, notice and takedown procedure was recognised as legal means to protect them from any third party liability for hosting such materials. This article begins with an overview of Vision 2020, which Page 1 provides the main framework for the development of Internet industry in Malaysia. Due to such vision, more companies that provide Internet access have 5 MLJ clxii at clxiii been incorporated. In order to protect ISPs' freedom to operate, Malaysia has adopted 'safe harbour' that recognised limited liability through notice and takedown procedure. However, this article reveals that the Malaysian version of notice and takedown procedure could invite supposition that censorship or Internet policing is taking place -- which goes against global trends that had moved towards private notice system
first_indexed 2025-11-14T17:18:34Z
format Article
id iium-68997
institution International Islamic University Malaysia
institution_category Local University
language English
last_indexed 2025-11-14T17:18:34Z
publishDate 2018
publisher Lexis Nexis
recordtype eprints
repository_type Digital Repository
spelling iium-689972019-01-09T02:22:47Z http://irep.iium.edu.my/68997/ When internet service providers should be called to block and take down online materials?: the Malaysian approach Daud, Mahyuddin Abdul Ghani Azmi, Ida Madieha Ismail, Suzi Fadhilah K Law (General) Internet service providers ('ISP') have been seen as convenient callers to stem out online illegal and harmful materials -- just like The Ghostbusters in the case of strange sightings in the neighbourhood. Since ISPs are 'gatekeepers' of the digital world, they continue to receive requests to block access to illegal and harmful materials that allegedly breached national laws. To a significant extent, ISPs were forced to become the 'Internet police' -- which went against their main purpose of business. In order to encourage ISPs' freedom to operate, notice and takedown procedure was recognised as legal means to protect them from any third party liability for hosting such materials. This article begins with an overview of Vision 2020, which Page 1 provides the main framework for the development of Internet industry in Malaysia. Due to such vision, more companies that provide Internet access have 5 MLJ clxii at clxiii been incorporated. In order to protect ISPs' freedom to operate, Malaysia has adopted 'safe harbour' that recognised limited liability through notice and takedown procedure. However, this article reveals that the Malaysian version of notice and takedown procedure could invite supposition that censorship or Internet policing is taking place -- which goes against global trends that had moved towards private notice system Lexis Nexis 2018-11-01 Article PeerReviewed application/pdf en http://irep.iium.edu.my/68997/1/When_Internet_Service_Providers_Should_Be_Ca.PDF Daud, Mahyuddin and Abdul Ghani Azmi, Ida Madieha and Ismail, Suzi Fadhilah (2018) When internet service providers should be called to block and take down online materials?: the Malaysian approach. Malayan Law Journal, 5 (clxii). pp. 1-6. ISSN 0025-1283
spellingShingle K Law (General)
Daud, Mahyuddin
Abdul Ghani Azmi, Ida Madieha
Ismail, Suzi Fadhilah
When internet service providers should be called to block and take down online materials?: the Malaysian approach
title When internet service providers should be called to block and take down online materials?: the Malaysian approach
title_full When internet service providers should be called to block and take down online materials?: the Malaysian approach
title_fullStr When internet service providers should be called to block and take down online materials?: the Malaysian approach
title_full_unstemmed When internet service providers should be called to block and take down online materials?: the Malaysian approach
title_short When internet service providers should be called to block and take down online materials?: the Malaysian approach
title_sort when internet service providers should be called to block and take down online materials?: the malaysian approach
topic K Law (General)
url http://irep.iium.edu.my/68997/
http://irep.iium.edu.my/68997/1/When_Internet_Service_Providers_Should_Be_Ca.PDF