PUTRAJAYA: Tougher penalties for cybercrime offenders, including caning and possible reimbursement mechanisms for scam victims, are among measures being studied by the government to strengthen protection against online fraud, says Datuk Seri Azalina Othman Said (pic).
The Minister in the Prime Minister’s Department (Law and Institutional Reform) said the study by the Legal Affairs Division would look into gaps in existing laws, particularly the limited avenues available for victims to recover losses after falling prey to online scams.
Azalina said Malaysia’s current legal framework was focused on prosecuting perpetrators.
“Much of our legal framework is centred on offenders, whether under the Penal Code or the Criminal Procedure Code.
“Victims, on the other hand, often have very little recourse beyond lodging a police report and, in many cases, they could not recover their money.
“As such, this is one of the areas we will be examining,” she told reporters after a panel session at the launch of the National Cyber Security Summit yesterday.
Previously, Prime Minister Datuk Seri Anwar Ibrahim said scam victims must be fully compensated within seven working days by e-wallet providers if the providers failed to implement preventive measures set by Bank Negara, even in cases where losses were partly due to user negligence.
Anwar said there was a 26% increase in the number of victims receiving full or partial compensation after the policy was fully implemented.
Azalina said countries such as the United Kingdom and Australia had mechanisms where victims of online scams could be reimbursed by banks under certain circumstances.
She said Malaysia had yet to introduce a similar reimbursement mechanism for victims dealing with banks.
“Through this study, we want to examine the approaches taken by other countries, including the types of penalties imposed and the forms of protection or assistance available to victims,” she said.
Azalina said the study was prompted by growing public frustration over the handling of online scam cases, with victims often unable to recover their money and facing uncertainty over whether to seek help from the police or the Malaysian Communications and Multimedia Commission.
Stressing that effective implementation was just as important as legislation, she said public confidence in the legal system would depend on whether victims receive timely protection and meaningful remedies, rather than being left to bear their losses.
“If the law is there and the enforcement agencies are there, they have to respond at a very fast pace for the public. Only then will the confidence be there,” she said.
