Malaysia legislation

Section 24

of ELECTRONIC SARAWAK GOVERNMENT ACTIVITIES ORDINANCE, 2022

Section 24

⎯(1) An electronic communication is that of the originator if it is sent by the originator himself.

(2)

As between the originator and the addressee, an electronic communication is deemed to be that of the originator if it is sent by—

(a)

a person who has the authority to act on behalf of the originator in respect of that electronic communication; or

(b)

an information processing system programmed by, or on behalf of, the originator to operate automatically.

(3)

As between the originator and the addressee, an addressee is entitled to regard an electronic communication as being that of the originator, and to act on that presumption, if—

(a)

the addressee properly applies an authentication method agreed between the originator and the addressee for ascertaining whether the electronic communication was that of the originator;

or

(b)

the electronic communication as received by the addressee resulted from the actions of a person whose relationship with the originator or any agent of the originator enabled that person to gain access to an authentication method used by the

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originator to identify electronic communication as its own.

(4)

Subsection (3) does not apply if—

(a)

the addressee has received a notice from the originator that the electronic communication is not that of the originator and has reasonable time to act accordingly; or

(b)

the addressee knew or should have known that the electronic communication was not that of the originator had he exercised reasonable care or used any authentication method agreed between the originator and the addressee.

Contents of electronic communication

Section 24 — ELECTRONIC SARAWAK GOVERNMENT ACTIVITIES ORDINANCE, 2022