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6 comment(s). Last comment by EngineeringProfit 1 week ago
Posted by EngineeringProfit > 1 week ago | Report Abuse
The proposed amendments to Malaysia's **Communications and Multimedia Act (CMA) 1998**, particularly regarding Article 11 and harmful content, could potentially be leveraged to address issues arising in online forums like the **i3investor forum**. This forum often serves as a platform for discussions on stocks, investments, and related financial topics, but it has also faced criticism for hosting misleading posts, unsubstantiated claims, and harmful commentary by scammers or bad actors.
### Application Against Scammers and Harmful Commentators
1. **False and Misleading Information**:
- Posts promoting "pump-and-dump" schemes, where individuals artificially inflate stock prices with false optimism, could fall under provisions targeting "untrue or incomplete" information. The MCMC could act against such posts if proven to mislead investors.
2. **Harmful or Confusing Content**:
- Harmful advice or confusing financial analyses that cause financial loss or spread misinformation about listed companies could be actionable. For example, vague but harmful rumors about a company’s performance could be deemed as confusing or harmful.
3. **Identity Theft and Scams**:
- Scammers using fake profiles to defraud users would be more directly targeted. The broader definition of "harmful content" could encompass fraudulent schemes that harm individuals’ financial well-being.
4. **Defamation and Personal Attacks**:
- The law could address harmful personal attacks against individuals or companies, such as baseless allegations of corruption or malfeasance in the forum.
### Challenges in Application
While the law's intent is to curb harmful content, applying it effectively to forums like i3investor raises concerns:
- **Proof of Harm**: Authorities would need evidence showing specific harm caused by the content, which can be challenging to establish.
- **Overreach**: The vagueness of terms like "harmful" or "confusing" may lead to overly broad enforcement, potentially discouraging legitimate criticism or debate in forums.
- **Anonymous Posting**: Many posts on i3investor are anonymous, making it difficult to trace perpetrators without compromising user privacy.
### Possible Implementation Steps
1. **Monitoring and Reporting**:
- MCMC could collaborate with forum administrators to identify and monitor harmful posts.
- Users could be encouraged to report misleading or harmful content for review.
2. **Verification Mechanisms**:
- Introducing measures such as requiring user verification could deter scammers while preserving genuine discourse.
3. **Legal Action Against Repeat Offenders**:
- Identified perpetrators of harmful or fraudulent posts could face warnings, fines, or legal prosecution.
### Concerns and Safeguards
Critics fear that such laws might suppress free speech and constructive criticism. Ensuring that these measures are applied transparently and only to genuinely harmful content is crucial to maintaining trust while fostering a healthier online ecosystem. Balancing enforcement with freedom of expression will be key to any effective application of this law.
Posted by EngineeringProfit > 1 week ago | Report Abuse
In Malaysia, determining the **maximum compensation** a victim can receive from a perpetrator in cases related to online scams or harmful content depends on several factors, including the nature of the harm, the evidence provided, and the specific legal claims made. Here's an outline of how compensation is calculated and the relevant laws:
---
### **Legal Grounds for Compensation**
1. **Tort Law (Defamation or Misrepresentation)**:
- If harmful or untrue posts cause reputational or financial damage, victims may sue for defamation or fraud. Courts can award compensation based on:
- **General Damages**: For non-economic harm like emotional distress or reputational damage.
- **Special Damages**: For direct financial losses (e.g., loss of business, investments).
- **Exemplary Damages**: In cases of willful misconduct or malice.
- **Example**: A company falsely accused of fraud in i3 forums could claim losses equivalent to diminished stock value or lost contracts.
2. **Consumer Protection Act (for Scams)**:
- Victims of financial scams can seek compensation equal to the value of their loss. In fraud cases, courts may impose punitive damages for deterrence.
3. **Communications and Multimedia Act (CMA) 1998**:
- The CMA includes provisions for penalties for distributing harmful or false content. While this mainly involves criminal fines or imprisonment, courts could order restitution to the victim if proven necessary.
4. **Specific Relief Under Penal Code**:
- Fraud or cybercrimes under Section 420 (Cheating) of the Penal Code may result in compensation orders. The exact amount depends on the verified loss.
---
### **Factors Affecting Maximum Compensation**
1. **Extent of Damage**:
- Victims must provide concrete proof of financial or reputational damage (e.g., bank statements, business losses).
2. **Perpetrator's Financial Capacity**:
- Even if the court awards a large sum, recovery may depend on the perpetrator's ability to pay.
3. **Judicial Precedents**:
- In Malaysia, court rulings set precedents for typical compensation amounts in defamation, fraud, or tort cases.
---
### **Estimates of Compensation**
1. **Defamation Cases**:
- High-profile cases in Malaysia have seen awards ranging from **RM50,000 to RM500,000**, depending on the severity of reputational harm.
2. **Scam Victims**:
- Compensation usually equals the actual financial loss. For significant fraud, victims may recover **millions of ringgit**, especially in class action suits.
3. **Harmful Online Content**:
- While still evolving, courts may award damages of **tens of thousands of ringgit** for emotional distress or harassment caused by malicious posts.
---
### **Recent Trends and Challenges**
- **Case Example**: A victim of an i3 forum scam involving fraudulent stock tips might claim:
- Lost investment capital (e.g., RM10,000-RM500,000 or more for large-scale scams).
- Additional damages for stress and reputational harm.
- **Challenge**: Proving direct causation between the content and the harm suffered can be difficult, especially with anonymous posts.
---
### **Conclusion**
While there is no strict upper limit on compensation, awards depend on the **nature of the harm, the court’s assessment, and the evidence provided**. Victims seeking remedies under new laws or existing provisions (e.g., CMA 1998 or tort law) should consult legal professionals to assess their claims and optimize recovery.
Posted by EngineeringProfit > 1 week ago | Report Abuse
Be careful of what you post in public media, guys!! A victim of an i3 forum scam involving fraudulent stock tips might claim:
- Lost investment capital (e.g., RM10,000-RM500,000 or more for large-scale scams).
- Additional damages for stress and reputational harm.
Posted by icecool > 1 week ago | Report Abuse
who decide what is true and untrue ?
Posted by EngineeringProfit > 1 week ago | Report Abuse
For example, TRUE of FALSE? HARMFUL or NOT?
"Supermax's nitrile glove production facility in the United States is expected to begin commercial operations in January 2025. This facility is one of only three in the U.S. manufacturing nitrile gloves and will have an installed capacity of 19.2 billion pieces annually by the second quarter of 2026. This aligns with the U.S. government’s push for local production of critical personal protective equipment (PPE), reducing reliance on imports"
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CS Tan
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This book is the result of the author's many years of experience and observation throughout his 26 years in the stockbroking industry. It was written for general public to learn to invest based on facts and not on fantasies or hearsay....
Posted by EngineeringProfit > 1 week ago | Report Abuse
Malaysia's proposed amendments to the Communications and Multimedia Act (CMA) 1998, specifically Article 11 on harmful content, have sparked significant debate. The government aims to address online harms such as false or incomplete information by expanding the legal definitions and granting broader enforcement powers to the Malaysian Communications and Multimedia Commission (MCMC). This includes terms like "confusing," "incomplete," or "untrue" under Section 233, which could potentially criminalize a wide range of content.