Cyberlaws Flashcards
In National Union of Bank Employees v Noorzeela Binti Lamin (Kuala Lumpur High Court Suit No. S-23-NCVC-14-2011), the plaintiff initiated an action against the defendant for posting alleged defamatory comments on her Facebook page. The defendant denied making such comments on Facebook, and claimed that his sister operated the Facebook account, also testifying that “maybe someone hack[ed] my Facebook [account].”The defendant further contended that the plaintiff had failed to take any steps to check the details of the owner of the Facebook account or the Internet address with the Facebook administrator to confirm that the account belonged to the first defendant. Notwithstanding this evidence, the defendant admitted in her Statement of Defence that she had published the comments. As a result, the court held that she was bound by her pleadings and therefore could not dispute that she did not post the comments. Assess why the above case was tried under Malaysia’s Cyberlaws. Note: Link to the case is available here: https://www.digitalnewsasia.com/sites/default/files/files_upload/National%20Union%20of%20Bank%20Employees%20v%20Noorzeela%20Binti%20Lamin%20-%20FB%20defamation.pdf
There is ground for offence relating to ‘misuse of a computer’.
There is ground for offence relating to ‘wrongful communication’.
There is ground that the offence was committed in Malaysia.
There is unauthorised access with intent to commit or facilitate commission of further offence.
Seeks to make it an offence for any person to cause unauthorised modifications of the contents of any computer.
Critique the following ethical philosophy: utilitarianism.
Difficulty in measuring happiness: Utilitarianism relies on the ability to measure happiness and compare it across different individuals. However, measuring happiness is a subjective and complex process, as people’s experiences of happiness can vary widely. Additionally, it may be difficult to compare the happiness of different individuals or groups, especially when they have different needs or preferences.
Overemphasis on outcomes: Utilitarianism is primarily concerned with the outcomes of actions, rather than the intentions behind them. This can lead to a focus on achieving a certain result at any cost, even if it means violating ethical principles or causing harm to some individuals. This emphasis on outcomes may also ignore the importance of justice, rights, and other moral considerations that are not directly related to happiness.
Neglect of individual rights: Utilitarianism emphasizes the needs and desires of the majority over those of the individual. This can result in the violation of individual rights and freedoms, as long as it promotes the greater happiness of the majority. This neglect of individual rights can also lead to the oppression of minority groups, who may be sacrificed for the greater good.
Lack of consideration for personal values: Utilitarianism does not take into account the personal values and beliefs of individuals. This can lead to situations where people are forced to act against their personal values in order to promote the greater good. Additionally, utilitarianism may not provide guidance for situations where there is no clear majority or when different groups have conflicting values and needs.
Critique the following ethical philosophy: deontology.
Lack of Flexibility: Deontology is often criticized for its lack of flexibility, as it emphasizes a strict set of rules or principles that must be followed regardless of the situation. This can be problematic in cases where there is no clear rule or principle that applies or where the application of the rule or principle may lead to unintended consequences.
Overemphasis on Duty: Deontology places a strong emphasis on duty or obligation, which can lead to a lack of consideration for other important ethical values such as compassion, empathy, and fairness. This can be particularly problematic in cases where the application of duty or obligation may conflict with these other ethical values.
Subjectivity in Rule Selection: Deontology relies on the selection of a set of rules or principles that guide ethical decision-making. However, the selection of these rules can be subjective and may vary based on individual beliefs or cultural norms. This can lead to inconsistencies in ethical decision-making across different contexts or individuals.
Lack of Consideration for Outcomes: Deontology places a strong emphasis on following rules or principles regardless of the outcomes or consequences of the action. While this can be seen as a strength in some cases, it can also be a limitation as it may lead to actions that have negative consequences or that are not in the best interest of the greater good.
Difficulty in Resolving Ethical Dilemmas: Deontology can be difficult to apply in cases where there are conflicting duties or obligations. This can lead to ethical dilemmas that are difficult to resolve, particularly when the application of duty or obligation may lead to negative consequences or conflicts with other ethical values.
