However, due to the fact that the potential for bad also weighs just as heavily as for good, the regulation of the Internet poses great challenges to law enforcement agencies.
This rings very true for Brunei Darussalam, where Internet law is a rather relatively new area and untested in the courts, which was stated by Ahmad Jefri Rahman, Senior Counsel in the Attorney-General's Chambers during a public lecture held yesterday afternoon at the Institute of Leadership, Innovation and Learning in Universiti Brunei Darussalam.
Jefri presented two sessions based on Internet Law, the first on "Internet regulation -- Fact or Fantasy' in which he provided an overview of the development of laws relating to the regulation of the Internet and discussing the challenges faced by states to regulate it.
According to the senior counsel, the basis for Internet regulation in Brunei is ruled under Section 11 of the Broadcasting Act (Cap 180) in which it states: "No person is allowed to provide licensable broadcasting device in or from Brunei Darussalam without a broadcasting licence granted by the minister under this section".
"The Internet was originally a network of linked computers and networks owned by the military, defence contractors and university laboratories upon conducting defence-related research in which it was designed to be completely decentralised and architecturally redundant, making it inherently incapable of being regulated," explained Jefri.
Jefri has served on various e-Government committees such as the e-Government Strategic Policy and Coordinating Group, the e-Government Programme Executive Committee and the e-Government Guidelines and Procedures Implementation Working Group, thus making him somewhat a qualified expert to deliver the talk on the subject of Internet laws in the country.
During his second session, Jefri spoke on the Electronic Transaction Act (Cap 196) and other laws relating to the Internet in the sultanate. He highlighted on the specific laws used in Brunei in the regulation of online activities and transactions, including safeguarding relating to such use.
Furthermore, according to the act, every broadcasting licence granted under subsection (1) shall be in such form and for such period and may contain such terms and conditions as the minister many with the approval of His Majesty the Sultan and Yang Di Pertuan of Brunei Darussalam. Jefri went on to provide the examples of class licences, which are sub-categorised into two sections - the non-registrable and registrable. It also states that mandatory licences include political parties and bodies of persons engaged in propagation, promotion or discussion of political or religious issues relating to Brunei.
The senior counsel added that online newspapers and individuals providing programme for propagation, promotion or discussion of political or religious issues relating to the country are may be required to register for the licences with the minister.
The effects of free flow of information that is abundantly available on the Internet have caused outrage or in some cases even irked the relevant authority as to political, religious and social sensitivities. Measures have been taken by many governments of the world towards resolving it in regulating the law towards the exploitation of Internet.
Yesterday's event was the first out of the series of public lectures and workshops for 2010-2011, which were attended by members of the legal profession and staff from BAG Networks and DST Communication Sdn Bhd.
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Autor(en)/Author(s): Farah Ahmadnawi
Quelle/Source: Brunei Direct, 11.04.2010
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