Human rights lawyer Charles Hector Fernandez argues that publicly naming scammers is a public service, not a crime, and calls for urgent legal reforms.
PETALING JAYA: Exposing the names and contact details of individuals trying to scam others should not be treated as a criminal offence, said human rights activist and lawyer Charles Hector Fernandez.
He said such disclosures are intended to protect the public and prevent further harm.
“The blanket criminalisation of sharing personal data, whether online or offline, ignores the reality that there must be clear exceptions for whistleblowing, exposing crimes and alerting the public to ongoing threats.
“Using personal data without consent may generally be wrong, but when it is done to expose crime, wrongdoing or scammers, it should not be an offence. Intention and public interest must matter.”
He said public confidence in law enforcement and government institutions has eroded, with many Malaysians believing that making police reports quietly often leads to inaction, selective enforcement or protection of powerful individuals.
“This perception did not arise out of nowhere. It is rooted in experiences of corruption, abuse of power and lack of accountability.
“When people feel the system has failed them, they expose issues publicly to force action.”
He added that public exposure has increasingly become the only effective option to compel authorities to investigate and prosecute crimes.
“Many believe that unless crimes and alleged perpetrators are highlighted openly, nothing will be done.
“Public pressure is often what moves enforcement agencies to act.”
He questioned police warnings against sharing personal data, pointing out that officers themselves have repeatedly disclosed personal information.
Fernandez described Section 233 of the Communications and Multimedia Act 1998 as “dangerously vague and overly broad”.
He also called for an urgent review and amendment of sections 507B to 507G of the Penal Code, which cover doxxing-related offences.
“It is unacceptable that publishing information about scammers, with the aim of protecting others, can be criminalised.
“Laws that ignore context, intention and public interest are unjust.”
He said any law governing personal data must balance privacy with accountability, transparency and public safety, adding that over-criminalisation would only protect wrongdoers and silence victims.
