MALAYSIA Law and Practice Contributed by: Janet Toh, Irene Yong, Krystle Lui and Boo Cheng Xuan, Shearn Delamore & Co.
or electronic machine or device (including any computer program used in such machine or device), whether wholly or partly mechanically, electrically or electronically operated, that is so designed or that has been so adapted that: • it may be used for the purpose of playing a game of chance or a game of mixed chance and skill; and • as a result of the playing or operation of the machine or device, winnings in money or money’s worth may become payable”. Section 4B of the CGHA prohibits the dealing in gaming machines, including among others the importation, manufacture, assembly, sup - ply, sale, lease and repair of gaming machines or part thereof. Dealing in gaming machines in contravention of Section 4B is an offence pun - ishable by fine and imprisonment. One of the key challenges with the CGHA is that it does not have any specific provisions on online gambling. This was because the CGHA was enacted before the rise of digital technol - ogy and amendments relating to online gambling have yet to be made. CMA As for gaming in general (whether involving gam - bling or otherwise), the discussions on content regulations in 1. Digital Economy and 5. Audio- visual Media Services would similarly apply. The CMA considers “content” to mean any sound, text, still picture, moving picture or other audio-visual representation, tactile representa - tion or any combination of the preceding which is capable of being created, manipulated, stored, retrieved or communicated electronically. As such, contents within the gaming industry would potentially fall within the purview of the CMA.
Section 233 of the CMA prohibits the use of any network facilities, network service or appli - cations service to knowingly make, create or solicit, and initiate the transmission of, any comment, request, suggestion or other com - munication which is obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass another per - son. Section 211 of the CMA also provides that no CASP, or other person using a content appli - cations service, shall provide content which is indecent, obscene, false, menacing, or offensive in character with intent to annoy, abuse, threaten or harass any person. Further, the Content Code which has been discussed above is expressly applicable to all CASPs, which may potentially include provid - ers of gaming contents depending on context. Under the Content Code, the material dissemi - nated must not include anything which offends good taste or decency, is offensive to public feeling, is likely to encourage crime or lead to disorder, or is abusive or threatening in nature. The standards by which content is measured, given the requirements, will be viewed in the context of the country’s social, religious, political and educational attitudes and observances as well as the need to accommodate global diver - sity in a borderless world. Part 2 of the Content Code elaborates on the various types of content which is either prohibited or restricted, such as indecent, obscene, violent, menacing, offensive and false content. Such prohibitions and restrictions must be care - fully considered in the development of online games. For example, in relation to indecent content, the Content Code provides that the depiction of nudity is not allowed other than exceptions for non-sexual content nudity based on art, information and/or sciences, and even
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