Constitutional expert warns that publicly naming alleged scammers online can lead to legal action, as individuals are innocent until proven guilty.
PETALING JAYA: Individuals accused of scam-related activities, fraud or financial misappropriation may take legal action against those who unlawfully disclose their personal information on social media, said constitutional expert Assoc Prof Datuk Dr Wan Ahmad Fauzi Wan Hussain.
He said guilt can only be determined through due process of law, adding that Malaysia’s legal system is built on a structured framework encompassing investigation, enforcement and adjudication.
These processes are governed by laws that take into account multiple considerations, including public interest, the safety of complainants and witnesses, and the need for public awareness, he added.
“In our system of governance, a person is presumed innocent until proven guilty. Whether someone is ultimately found to be an accused person or merely a witness can only be determined after investigations and judicial proceedings are completed.”
He explained that even when a crime involves multiple parties, the degree of involvement of each individual must be established through proper investigation as differences in culpability can only be assessed at the end of the justice process.
“One vital point often overlooked is that investigative procedures apply equally to all individuals at the outset, regardless of whether they eventually become an accused person or a witness. This is why the law provides safeguards to prevent violations of rights.”
Wan Ahmad Fauzi cautioned that allowing unrestricted exposure of personal information could trigger a chain reaction of further wrongdoing, in which individuals, regardless of their alleged guilt in a matter, become victims of other crimes.
“A person who has committed a crime may have legal grounds to take action against those who disclose their personal data unlawfully. Ultimately, it is the court that decides whether such disclosure is justified or unlawful.”
Commenting on the growing trend of individuals sharing personal details of alleged debtors or scammers on social media in the name of seeking justice, he stressed that individuals must remain accountable for their words and actions.
“Doxxing offences under the Penal Code have specific legal elements that must be proven before liability arises. At the same time, the law does recognise certain forms of information-sharing that are permissible.”
However, he added that acting outside the boundaries of the law, even with good intentions, could expose individuals to criminal or civil liability.
“The desire to seek justice does not absolve one from complying with the law. Everyone must understand that responsibility accompanies freedom of expression.”
Addressing where the line should be drawn between seeking justice and committing a crime, he said a basic understanding of the law is essential.
“To avoid falling into offences related to doxxing, it is advisable for personal information obtained to be channelled to the relevant authorities for investigation.”
He said it is not unusual for enforcement agencies to release personal information through official channels when there is a legitimate need, such as in ongoing investigations or matters of public safety.
“Allowing personal data to circulate freely without legal control or through improper channels could cause harm. Such information is easily exploited for malicious purposes, sometimes with consequences worse than the original offence.”
Wan Ahmad Fauzi stressed that while the public has a role in fostering a vigilant and caring society, individuals must not exploit legal grey areas to harass, shame or persecute personal adversaries or persons yet to be proven guilty.
“Cooperation with authorities is encouraged, but taking the law into one’s own hands, especially by weaponising personal data, undermines justice and risks creating new victims.”
He added that maintaining the rule of law requires restraint, discipline and respect for legal processes, adding that unchecked vigilantism could erode public trust and social harmony.
