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Online intermediary liability and the role of artificial intelligence in Malaysia

Daud, Mahyuddin and Abd Ghani Azmi, Ida Madieha and Amirul Ramli, Faiz Naqib (2022) Online intermediary liability and the role of artificial intelligence in Malaysia. In: 2022 10th International Conference on Cyber and IT Service Management (CITSM), 20th -21st September 2022, Yogyakarta, Indonesia.

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It is widely accepted notion around the world that online intermediaries are immune from civil or criminal liability for hosting illegal or harmful third-party content, provided they comply with legal obligations set out by law through measures such as takedown. Due to advancements on the internet, their roles have expanded from mere intermediaries into publishers at the same time. Consequently, it invites confusion over an intermediary's true status and risking injustice through a ‘one size fits all’ inference. This was the scenario that the Malaysian Federal Court had to address in the MKini case in 2021, which established a new narrative on internet intermediary liability for Malaysia. The objective of this article is to investigate whether a publisher or content creator acting as an intermediary should be held liable when a third party posts illegal or harmful content on their platforms. Through a comparative analysis of the cases of Mkini, Delfi and Bunt we called into question the legal protection provided by the Malaysian Communications and Multimedia Act 1998 and the Content Code, which guaranteed such immunity to their subjects. We propose for the possibility of a publisher utilising artificial intelligence (AI) as an effort to mitigate the liability for illegal third-party publication on its platform.

Item Type: Conference or Workshop Item (Other)
Uncontrolled Keywords: Artificial intelligence, content moderation, intermediary liability, content regulation, safe harbour.
Subjects: K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Ahmad Ibrahim Kulliyyah of Laws
Depositing User: Dr. Mahyuddin Daud
Date Deposited: 09 Dec 2022 16:32
Last Modified: 09 Dec 2022 16:32
URI: http://irep.iium.edu.my/id/eprint/101759

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