Cloaked by cyber space: A legal response to the risks of cyber stalking in Malaysia

IF 0.7 Q4 CRIMINOLOGY & PENOLOGY

International Journal of Cyber Criminology Pub Date : 2018-01-01 DOI:10.5281/ZENODO.1467931

Z. Hamin, Wan Rosalili Wan Rosli

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引用次数: 5

Abstract

Cyber stalking generally involves unwarranted, repeated and threatening conduct of the offender via the Internet or social media platforms, which causes fear, distress or alarm to the victim. A qualitative study on the perception of cyber stalking and the adequacy of the anti-stalking law to regulate such crime in Malaysia is somewhat scarce. Hence, this paper seeks to examine cyber stalking risks and the sufficiency of laws to govern such crime and the legal protection afforded to victims. This paper adopts a qualitative methodology, where the data is obtained from eighteen semi-structured interviews conducted with various stakeholders, including the regulators and enforcement officers. Secondary data involves cyber legislation, the Penal Code, and online sources. The findings suggest that cyber stalking risks are often manufactured by the victims, which lead to individual responsibility towards managing and mitigating such risks. The findings have significant implications for lawmakers to either enact specific laws on cyber stalking or amend the Penal Code to include such crime. ________________________________________________________________________

查看原文本刊更多论文

被网络空间遮蔽:马来西亚对网络跟踪风险的法律回应

网络跟踪通常涉及犯罪者通过互联网或社交媒体平台进行无根据的、重复的和威胁性的行为，这些行为会给受害者带来恐惧、痛苦或惊慌。在马来西亚，对网络跟踪的认知和反跟踪法是否足够规范此类犯罪的定性研究有些稀缺。因此，本文试图检验网络跟踪的风险和法律的充分性，以管理这类犯罪和提供给受害者的法律保护。本文采用定性方法，其中数据来自与各种利益相关者(包括监管机构和执法人员)进行的18次半结构化访谈。二手数据包括网络立法、刑法典和在线资源。研究结果表明，网络跟踪风险往往是由受害者制造的，这导致个人有责任管理和减轻这种风险。这一发现对立法者制定有关网络跟踪的具体法律或修改刑法以将此类犯罪纳入其中具有重要意义。________________________________________________________________________

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

International Journal of Cyber Criminology CRIMINOLOGY & PENOLOGY-

CiteScore

2.60

自引率

40.00%

发文量

审稿时长

16 weeks

期刊介绍： International Journal of Cyber Criminology (IJCC) is a peer reviewed online (open access) interdisciplinary journal published biannually and devoted to the study of cyber crime, cyber criminal behavior, cyber victims, cyber laws and cyber policy. IJCC is an unique Diamond open access, not for profit international journal, where the author(s) need not pay article processing charges / page charges and it is totally free for both the authors and the audience. IJCC will focus on all aspects of cyber/computer crime: Forms of Cyber Crime, Impact of cyber crimes in the real world, Policing Cyber space, International Perspectives of Cyber Crime, Developing cyber safety policy, Cyber Victims, Cyber Psychopathology, Geographical aspects of Cyber crime, Cyber offender behavior, cyber crime law, Cyber Pornography, Privacy & Anonymity on the Net, Internet Fraud and Identity Theft, Mobile Phone Safety, Human Factor of Cyber Crime and Cyber Security and Policy issues, Online Gambling, Copyright and Intellectual property Law. As the discipline of Cyber Criminology approaches the future, facing the dire need to document the literature in this rapidly changing area has become more important than ever before. The IJCC will be a nodal centre to develop and disseminate the knowledge of cyber crimes primarily from a social science perspective to the academic and lay world. The journal publishes theoretical, methodological, and applied papers, as well as book reviews. We do not publish highly technical cyber forensics / digital forensics papers and papers of descriptive / overview nature.