Malaysia’s Chief Justice, Tengku Maimun Tuan Mat, has called for a significant overhaul of the country’s legal framework to meet the challenges posed by rapid technological advancements, particularly artificial intelligence (AI) and other generative technologies.
Speaking at the 19th Conference of Chief Justices of Asia and the Pacific, Tengku Maimun raised concerns about the lack of specific regulations governing the use of AI and cybersecurity, stating that the absence of appropriate legislation presents both ethical and security dilemmas.
“There are very few laws and regulations in place to regulate their use,” she said.
She emphasised the increasing reliance on AI and generative technology and noted the ethical and cybersecurity challenges arising from this reliance, stating, “This poses a problem from an ethical and cybersecurity standpoint, which warrants looking into.”
The Chief Justice highlighted the gaps in the current legal system, particularly regarding the admissibility of computer-generated evidence under Section 90A of the Evidence Act 1950. She pointed out that the provision, which allows for the submission of digital evidence, has not been updated since 1993, rendering it outdated in comparison to the more robust frameworks seen in other countries.
“Judges retain a significant degree of discretion when determining whether such evidence can be admitted in court. However, with technology evolving rapidly, we need laws that are not only up-to-date but also reliable,” she added.
Tengku Maimun also noted the absence of specific laws addressing the rising threats of spamming, phishing, and cyberbullying. At present, Malaysia relies on Section 233(1)(b) of the Communications and Multimedia Act 1998 (CMA), which criminalises anonymous online communication intended to harass or intimidate. However, proving intent remains difficult, often making prosecution an uphill task.
She also mentioned the wider use of Section 233 to combat cyberbullying and harassment but highlighted the absence of dedicated cybercrime legislation, which has prompted the government to consider drafting new laws.
Tengku Maimun raised further concerns about the use of emerging technologies such as bots, deepfakes, and the dark web, which allow criminals to hide behind digital anonymity, complicating efforts to hold them accountable.
“The fact that these crimes can take place digitally significantly widens the group of victims and allows for maximum damage potential long before the offender can even be identified, much less prosecuted successfully,” she warned.
She stressed the critical role of the judiciary in interpreting and applying laws in the digital age, as technological advances continue to reshape legal frameworks.
