Section 1
(2)
This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.
Amendment of section 3
/akn/my/act/amendment_act/2012/A1432
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EVIDENCE (AMENDMENT) (NO. 2) ACT 2012 is Malaysia Amendment Act, cited as Amendment Act A1432 2012, currently marked in force and first recorded in 2012.
Opening note
This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.
Amendment of section 3
The Evidence Act 1950 [Act 56], which is referred to as the
“principal Act” in this Act, is amended in section 3 by substituting for the definition of “computer” the following definition:
‘ “computer” means an electronic, magnetic, optical, electrochemical, or other data processing device, or a group of such interconnected or related devices, performing logical, arithmetic, storage and display functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device or group of such interconnected or related devices, but does not include an automated typewriter or typesetter, or a portable hand held calculator or other similar device which is non-programmable or which does not contain any data storage facility;’.
4
ACT A1432
New section 114A
The principal Act is amended by inserting after section 114
the following section:
“Presumption of fact in publication 114A. (1) A person whose name, photograph or pseudonym appears on any publication depicting himself as the owner, host, administrator, editor or sub-editor, or who in any manner facilitates to publish or re-publish the publication is presumed to have published or re-published the contents of the publication unless the contrary is proved.
A person who is registered with a network service provider as a subscriber of a network service on which any publication originates from is presumed to be the person who published or re-published the publication unless the contrary is proved.
Any person who has in his custody or control any computer on which any publication originates from is presumed to have published or re-published the content of the publication unless the contrary is proved.
For the purpose of this section—
“network service” and “network service provider”
have the meaning assigned to them in section 6
of the Communications and Multimedia Act 1998
[Act 588]; and
“publication” means a statement or a representation, whether in written, printed, pictorial, film, graphical, acoustic or other form displayed on the screen of a computer.”.
KUALA LUMPUR