KUALA LUMPUR – Digital Minister Gobind Singh Deo has denied the Cyber Security Bill 2024 will give the federal and state governments immunity from prosecution, saying other provisions could be used against the administration.
When debating the bill at the Dewan Rakyat today, Gobind (Damansara-PH) said even though Section 2(2) provides for an exception for the federal and state governments to be prosecuted for any offence under the bill, it does not mean the government is given leniency to impose the provisions of the Cyber Security Law 2024.
“This has been raised and we have studied this. Section 2(2) does not give complete immunity to federal and state governments. Section 2(2) clearly states ‘not for provisions under this act’ which means that they (federal and state governments) are still subjected to other provisions (of other laws).
“There are similar provisions in other acts,” he said, adding that the government will take all possible measures to ensure all agencies under the federal and state governments comply with the provision under the bill.
He said this when responding to Hassan Abdul Karim’s (Pasir Gudang-PH) call for the Digital Ministry to remove or amend Section 2(2).
Hassan claimed Section 2(2) would provide immunity to the federal and state governments, which was not right when the government was supposed to be transparent and accountable.
He also called for the removal or amendment of Section 59 of the Bill, which imposes liability on a person for the act, omission, neglect, or default of a person’s employee, agent, agent’s employee, or agent’s agent.
He said offences falling under the bill are crimes under the Penal Code, which would include prosecution of the cases.
“So if the one’s agents or workers had the actus reus (guilty act) and mens rea (guilty mind), then it is not right that the officer on top (or employer) is held accountable.
“I fear this matter would be challenged in court. (This section) is unconstitutional and is against the Evidence Act (1950) and the Criminal Procedure Code.
“So I hope that these two sections; if they can be amended, amend them. If they can be abolished, abolish them,” Hassan said.
On this, Gobind said such cases will be under Article 145(3) of the Federal Constitution, which means that there will be an investigation to determine if such a case falls under tort or crime before the person(s) can be charged and prosecuted.
“Before a decision is made, there will be an investigation, which will decide if the case is under Section 59 (of the Cyber Security Act 2024) or not. We will still have to go through that process (before one is charged under Section 59).” – March 27, 2024