Malaysia on a warpath to best digital piracy

KUALA LUMPUR: She was at a loss for words. Everything unfolded too quick. One minute, she juggled the tills, handing out ringgit notes to diners paying for meals. Suddenly, she found herself quizzed by a group of enforcement officers.

The cause of her tongue-tie?

The contentious TV box that the owner of the restaurant had installed at the premises, suspended awkwardly midair next to the television, kept afloat by tangled cords of extension sockets, hanging brazenly out in the open.

If not for the pirated content in the device, the nervous cashier would have unlikely been in such a spot—mumbling replies to questions she had no answers to—as owning a TV box is not a crime.

“There are Astro contents in this Android TV box. Do you know that you can’t do this? This is copyright infringement, it’s a crime. Do you know that?” asked one of the enforcement officers from Domestic Trade and Cost of Living Ministry (KPDN), staring sternly at her, awaiting a response.

No longer tight-lipped but still ill at ease, she remarked that she knew nothing about the matter, that the device belonged to the owner.

“He has Astro at home. Maybe he used his home account. Can you do that?” she took a wild guess.

The officer, who was leading a digital piracy advocacy exercise in Bukit Bintang, here, shot back with a strict no.

“That is also wrong,” the officer shook his head, in disbelief, over the cashier’s obliviousness of the law.

Enforcing Section 43AA

On December 22, 2021, Malaysia amended its Copyright Law, adding Section 43AA which makes it illegal to commit or assist in copyright infringement using streaming technology.

The section defined streaming technology as both software and hardware that contributed to copyright infringement. Offenders could face a fine of up to RM200,000 and/or jail for up to 20 years.

The amendment followed a landmark ruling by the Kuala Lumpur Intellectual Property High Court in May 2021, declaring that the selling, offering, or distributing TV boxes or streaming devices enabling unauthorised access to copyrighted content as infringement.

Despite a precedent has been set, digital piracy still looms large.

It attests Malaysians’ peculiar apathy towards such a vice.

There is a pressing need for change. The status quo must be broken; and this is precisely why the KPDN is on a crusade to not just enforce Section 43AA but to also educate the public on the illegality of illicit streaming.

Digital piracy has cost a bomb in the country’s media and entertainment industry, with reports approximating the loss to the tunes of RM3 billion and RM500 million in taxes whilst putting thousands of jobs at risk.

Monetary loss and job security, however, are just the tip of the iceberg.

Illegal Streaming and Malware

A study done in Singapore discovered that illicit streaming has direct correlation with malware infections.

Malware is a software designed to disrupt, damage and encroach into a computer system.

And according to the study conducted by Professor Paul Watters, scammers use pirated content on illegal streaming sites as baits; lulling victims with content while silently plunder their personal data.

“These sites often host numerous ads, some of which can be malicious. Clicking on these ads might lead users to websites hosting malware, phishing attempts; or scams,” Watters wrote in his research on cyber threats and illicit sports streaming in Singapore cyberspace.

Data, especially personal data, are invaluable these days given the world’s reliance on the internet with Malaysian cybersecurity expert, Murugason R. Thangaratnam describing it as “the new currency.”

“It’s the new oil,” said Murugason in an episode of Agenda Awani, aired on March 18.

“But both currency and oil are heavily regulated. Is data regulated? No. It is not. That is the issue right now.

“We need to find the right balance between technology and governance,” added Murugason, the CEO of cybersecurity firm, Novem CS.

Malaysia’ current method to block websites and IPs that are offensive, inappropriate, and high-risk are time consuming.

It needs a more dynamic and speedier form of IP blocking, like what has been implemented in Italy, the Philippines, Greece, and the UK.

Why? Because hackers are no longer sitting in dark and dingy basement.

“They are using AI to do their work for them. You cannot fight them manually. A battle against AI has to be fought with AI. The more we move towards automation, the more we can rely on tools such as AI,” said Murugason.

Nonetheless, he also pointed out that the country’s cyberspace environment has to be well-regulated with proper governance given the invasive nature of cybersecurity.

Enter The Cybersecurity Bill 2024

The need for Malaysia to beef up its cyber security was first voiced by Prime Minister Datuk Seri Anwar Ibrahim on June 15, 2023, disclosing that the National Cyber Security Agency (Nacsa) will come up with a Cyber Security Bill to be tabled in Parliament.

In the same Agenda Awani episode that featured Murugason, Nacsa director on policy and international cooperation Shariffah Rashidah Syed Othman stressed that the bill will bestow Nacsa enforcement and regulatory powers on cyber security on a national level.

“Specifically, on critical agencies that are safeguarding the country’s information. It will also define our national security baseline that needs to be adhered to.

“If it is made into law, it won’t stand on its own as we already have other related laws pertaining to cyber security. It will work in harmony with those existing laws,” Shariffah remarked.

With recent instances of cybercrimes and cyber security breaches, many are looking forward to the tabling of said bill this coming Monday, which should be able to provide clarity on legislative and punitive measures on cyber offences.

Perhaps the bill will provide a much-needed enforcement agility to deal with crimes that are perpetrated at an increasingly faster rate as technology continues to evolve.