Malaysia legislation

Section 234

of COMMUNICATIONS AND MULTIMEDIA ACT 1998

Section 234

(a)

intercepts, attempts to intercept, or procures any other person to intercept or attempt to intercept, any communications;

(b)

discloses, or attempts to disclose, to any other person the contents of any communications, knowing or having reason to believe that the information was obtained through the interception of any communications in contravention of this section; or

(c)

uses, or attempts to use, the contents of any communications, knowing or having reason to believe that the

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information was obtained through the interception of any communications in contravention of this section, commits an offence.

(2)

A person authorized under this Act who intentionally discloses, or attempts to disclose, to any other person the contents of any communications, intercepted by means authorized by this Act—

(a)

knowing or having reason to believe that the information was obtained through the interception of such communications in connection with a criminal investigation;

(b)

having obtained or received the information in connection with a criminal investigation; or

(c)

to improperly obstruct, impede, or interfere with a duly authorized criminal investigation, commits an offence.

(3)

A person who commits an offence under subsection (1) or

(2)

shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both.

(4)

It shall be lawful under this Chapter for an officer, employee or agent of any network facilities provider, network service provider, applications service provider or content applications service provider whose facilities or services are used in communications, to intercept, disclose, or use those communications in the normal course of his employment while engaged in any activity which is a necessary incident to the rendition of his facilities or services or to the protection of the rights or property of the provider of the facilities or services, but the provider shall not utilize the facilities or services for observing or random monitoring unless it is for mechanical or service quality control checks.

Damage to network facilities, etc.