With the advancement of ICT, cyberbullying has become more common than ever before, particularly in modern workplaces. With the requirement of working from home during the pandemic, cyberbullying within the workplace has skyrocketed within the past year. Cyberbullying can be classified as a traditional crime that has transcended to cyberspace as a result of technological advancements and the proliferation of numerous social media platforms. Despite widespread public concern about such crime in Malaysia, the legislative response to this crime is still somewhat slow due to the gaps in the current legislation governing cyberbullying. The legal landscape governing cyberbullying is still insufficient, due to the current legal framework being too general, making investigation and prosecution of the crime difficult. Cyberbullying can result in Post-Traumatic Stress Disorder, psychological problems, major physical and mental health problems, and even suicide. The purpose of this article is to investigate the notions of cyber bullying harassment, the risks associated with such crimes, and the legal and management mechanisms for dealing with such crimes. This research makes use of a doctrinal content analysis as well as secondary data from the law, academic journals, books, and online sources. According to the authors, unequal power relations in the workplace, anonymity, and cross-border connectedness are some of the rationales for cyberbullying, which can be expressed in a variety of ways with negative consequences for employers and employees alike. The inadequacy of the present traditional and computer-specific legislation in dealing with such crime necessitates the management of such crime.
Online distance education was once a process that was not easily been accepted by students, even by the educators, but when the pandemic strikes, they had to adopt and adapt the process in order to gain knowledge. The COVID-19 has resulted in shutting down schools, including tertiary institutions, all across the world. Consequently, education changed dramatically, and the mode of teaching was done remotely and on a digital platform. One of the adoptions of online learning involves using numerous online platforms and inserting interactive programs, music, animated graphics, photos in the teaching material to attract the interest of students. These types of works are, more often than not, copyrighted works that belong to someone. Generally, a license or permission must be sought before these works can be used by anyone. The permission or license, once granted, would involve a licensing fee or royalty payments to the copyright owner. However, this article looks at the law relating to the copyright exploitation awareness in the context of the law of intellectual property and the exceptions to this law, in particular, the scope of the hybrid fair dealing defence for education. This paper employs a doctrinal analysis using secondary data from academic journals, books, and online databases. The findings will respond to the legal framework for the understanding of copyright exploitation and its exception in the post-pandemic era.
Artificial Intelligence (AI) adoption in the tourism industry has resulted with privacy concerns as companies feed a vast amount of consumer data into AI, creating sensitive customer information. Therefore, this research aims at investigating the adequacy of the Personal Data Protection Act 2010 in addressing the privacy challenges raised by AI. Combining the doctrinal methodology and a case study, this research produced systematic means of legal reasoning pertinent to AI applications in the tourism industry. Ensuring privacy and security through every phase of the data lifecycle is pivotal to avoid legal liability for the tourism players while preserving customer confidence. Keywords: Artificial Intelligence and Law, Privacy and Artificial Intelligence, Privacy Engineering Model, Data Protection and Artificial Intelligence eISSN: 2398-4287 © 2022. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open access article under the CC BYNC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia. DOI: https://doi.org/10.21834/ebpj.v7iSI7%20(Special%20Issue).3812
Artificial Intelligence (AI) promises to heighten human decision-making, including in court. AI sentencing would be better at detecting, organizing, and calibrating all of the variables correlated to sentencing, such as prior criminal records, educational background, substance abuse history, and employment history, resulting in consistencies that traditional sentencing may not be able to provide. AI pervades the Malaysian judiciary system when AI criminal sentencing was launched for the first time to augment the process of meting out sentences in Sabah courts. Despite its promising benefits, AI sentencing may infringe the fundamental principle of due process, presents unacceptable risks of error and implicit bias, and reliance on AI to predict recidivism which forms significant components of the rule of law. The rule of law guarantees that all entities are subject to and accountable to a clear and known law. It enables the judicial branch of the government to be independent and to resolve dispute in a fair manner while upholding the presumption of innocence and preventing the exercise of arbitrary powers. The present research, therefore, examines the use of AI in supporting court processes and human judges, discovering its technical characteristics, practical constraints, and legal theoretical consequences for decision-making processes. Employing jurisprudential analysis as the method of research, this research explores an adjudicatory paradigm that prefers standardisation over discretion, leading in the waning of the notion of rule of law pertinent to the justice system. The metamorphosis to AI adjudication will undoubtedly promote the growth of digitalized dispute resolution by providing efficiency and at least a semblance of impartiality, but it is also poised to birth concerns by making the legal system data-driven, alienating, and disillusioning. Keywords: Artificial Intelligence, Artificial Intelligence in Courts, Artificial Intelligence in Criminal Justice eISSN: 2398-4287© 2022. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open access article under the CC BYNC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians/Africans/Arabians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia. DOI: https://doi.org/10.21834/ebpj.v7iSI7%20(Special%20Issue).3813
The COVID-19 pandemic has accelerated global e-commerce growth and consequently, online transactions have become the new norm. Unfortunately, such digitalisation of the economy has not been adequately captured by the current international tax system as it only requires multinational enterprises to pay tax where production occurs. Therefore, numerous countries have imposed the digital services tax (DST) as an interim measure to address the tax leakage issue due to the expansion of market coverage. DST targets foreign service providers which do not have a physical business presence in jurisdictions where their consumers are located. Nevertheless, the establishment of such a tax has brought about some challenges. Hence, this research examines the structure and operation of DST in Malaysia, as well as the challenges associated with its implementation while contrasting them with the European countries, being the pioneers in DST. The research employs a qualitative method through a doctrinal study of the legal framework that regulates the execution of DST, as well as published works on the subject. The data is then analysed utilising the content analysis approach. Specifically, the findings of this research identify the possibility of a changing landscape in the implementation of DST due to the two-pillar approach approved by the members of the OECD/G20 Inclusive Framework on the Base Erosion and Profit Shifting (BEPS) project. As a result, this research provides a foundation for further research that will analyse the relevance of DST in light of the recent development within the international tax system.
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