Transpacific partnership agreement and future of internet policing of copyright infringement in Malaysia

Abdul Ghani Azmi, Ida Madieha and Ismail, Suzi Fadhilah and Daud, Mahyuddin (2017) Transpacific partnership agreement and future of internet policing of copyright infringement in Malaysia. Journal of Social Science and Humanities, 25 (Special Issue). pp. 25-36. ISSN 0128-7702 E-ISSN 2231-8534

	PDF - Published Version Restricted to Registered users only Download (284kB) | Request a copy
	PDF (SCOPUS) - Supplemental Material Restricted to Registered users only Download (483kB) | Request a copy

Abstract

Internet Service Providers (ISPs) are the gate keepers of internet and free flow of information and expression. The ISPs can also play a strategic role in policing the Internet from copyright infringing materials. As gatekeepers, they can block access and force others to identify the origin of the materials making them the best organisation to take action on the internet materials. The abandoned Trans-Pacific Partnership Agreement (TPPA) between Malaysia, United States of America (US) and another 10 countries in Asia and Pacific Region contains obligations that mandates ISPs to expeditiously remove or disable access to alleged infringing material upon acquiring actual or even with constructive knowledge of the infringement. Although TPPA is theoretically dead after the withdrawal of the US, it is still pertinent to consider its provision as it is the first global standards on ISP liabilities though negotiated under a free trade agreement. This paper examines the obligations under Malaysian Copyright Act 1987 and compare them with TPPA provisions on ISPs. It concludes that unless there is latent defect with the Malaysian notice and take down procedure, there is no compelling urgency for Malaysia to revise her procedure.

Item Type:	Article (Journal)
Additional Information:	810/64046
Uncontrolled Keywords:	Copyright infringement, Internet Service Providers (IPS), Internet policing, Trans-Pacific Partnership Agreement (TPPA)
Subjects:	K Law > K Law (General) K Law > KPG Malaysia
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User:	Prof. Dr Ida Madieha Abdul Ghani Azmi
Date Deposited:	29 Aug 2018 14:15
Last Modified:	29 Aug 2018 14:15
URI:	http://irep.iium.edu.my/id/eprint/64046

Actions (login required)

View Item