Minister warns outdated criminal justice laws threaten investment and fairness in digital age cases
KUALA LUMPUR: Malaysia risks falling behind in justice, investment and governance if its criminal justice laws are not urgently updated to reflect rapid technological change, says Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said.
She said many existing laws were drafted before Independence in 1957, before the formation of Malaysia in 1963, or decades ago in the 1970s and 1980s, making them increasingly incompatible with today’s digital realities.
“The world is changing, but a lot of our laws do not match what is happening today, especially in the technological world,” she said during a press conference held alongside the Convention on Criminal Justice and Legal Reforms 2026.
Azalina warned that failure to modernise the legal framework could undermine confidence in Malaysia’s justice system, particularly among investors.
“If people want to invest in Malaysia and see that our laws are not on par with global changes, they will be very worried about the justice system,” she said.
She stressed that legal reform is not limited to the courts or government alone, but requires change across institutions and professions, including judges, prosecutors, lawyers and even law students.
“The courts must change, students who study criminal law must change, and the government must recognise that the law has to evolve with time,” she said.
She highlighted emerging challenges such as deepfakes, digital impersonation and AI-generated evidence, noting that existing legal standards struggle to address questions of proof and authenticity in such cases.
“Imagine going to court and having to prove beyond reasonable doubt that something looks like you, sounds like you, speaks like you — but it’s not you,” she said, adding that judges cannot fairly assess such cases if laws do not recognise or regulate technological evidence.
She said this has significant implications for sexual offences and online harms, where responsibility increasingly extends beyond perpetrators to digital platform providers.
“That is why, under sexual offences and online harms laws, platform providers must also be responsible, because they are the ones creating and operating these systems,” she said, noting that the Malaysian Communications and Multimedia Commission (MCMC) is studying this aspect.
Azalina said fairness must remain central to reforms, as courts must balance the legal defences of platform providers, accused persons and the rights of victims.
“You cannot go to court without having laws that move in tandem with technological change,” she said.
“Technology moves fast, and the law is always behind technology,” she said. “Our challenge is to draft laws that can stand the test of time.”
She added that any legal changes would ultimately require approval from Parliament, urging lawmakers to recognise the urgency of reform.
“If we don’t keep moving forward, we will be left behind,” she said, adding that criminal and civil justice systems must adapt in step with global change.
Azalina said the government hopes to table several amendments by the second half of the parliamentary session, stressing that reform is essential for Malaysia’s progress.
“We have to work together to bring about the change that this country needs,” she said.
