Mitigating Negligence in Regulatory Enforcement: Analyzing the Communications and Multimedia Act 1998 and the Criminal Procedure Code

Abstract

The Communications and Multimedia Act 1998 is pivotal in regulating Malaysia's communications and multimedia industry. While the Act gives Malaysian Communications and Multimedia Commission officers enforcement rights, it excludes the ability to make arrests, which is a privilege reserved for police officers under the Criminal Procedure Code. This paper examines the practical implications of this division of arrest authority, focusing on potential negligence in enforcement. The study examines the intersection of regulatory enforcement and the tort of negligence by reviewing relevant laws and case studies. The study found that incorporating accountability measures into the enforcement process can help maintain transparency and uphold the integrity of regulatory actions. Recommendations based on the findings suggest strategies for mitigating negligence in enforcement actions. Understanding this intersection is crucial for ensuring lawful and responsible law enforcement actions in the communications and multimedia industry.