This was a recent article posted in the Malay Mail:
KUALA LUMPUR: The Dewan Rakyat today passed two bills namely the Criminal Procedure Code (Amendment) Bill 2012 and Evidence (Amendment) Bill 2012.
The bills, which include amendments to the Penal Code that was approved yesterday, are to complement the Security Offences (Special Measures) Bill 2012, which was also passed by the Dewan Rakyat yesterday.
Minister in the Prime Minister’s Department Datuk Seri Nazri Abdul Aziz, when winding up the Evidence (Amendment) Bill 2012, said the use of pseudonyms or anonymity by any party to do cyber crimes had made it difficult for the action to be taken against them.
Hence, he said, the Evidence Act 1950 had to be amended to address the issue of internet anonymity.
“The use of pseudonyms (by any party) is very difficult for the investigating officer to conduct investigations and enforcement because it’s difficult to obtain evidence.
“That why, we have to amend the Act so that we can prosecute the culprits,” he said when replying to a question from Datuk Bung Mokhtar Radin (BN-Kinabatangan).
He said various techniques were used by criminals to hide their identities and sometimes it was impossible to determine the actual originator of an email or other electronic communication.
Amendments to the Evidence (Amendment) Bill (No.2) 2012, show that the amendments on Clause 2, which aimed to replace the computer term with the definition of a new computer that is more comprehensive and consistent with the definition of a computer in the Computer Crimes Act 1997.
Meanwhile, Clause 3 of the Bill provides to introduce a new section called 114A to enable the court to make assumptions of fact in cases that involve broadcast via the Internet.
In short, the authorities need a scape goat. If they can’t get the real poster/publisher of offending material, they’ll get someone else to take the blame.
Loyar Burok has an excellent article on this here but in short the amendments will basically make webmasters, Facebook owners and other online publishers presumed to be a publisher of material even where such postings are done by a third party. Facebook wall posts by your friends, tweet/facebook jacking, comments on your blog….yup you’re now all presumed to have published them!