No abstract

If you would like to write for this, or any other Emerald publication, then please use our Emerald for Authors service information about how to choose which publication to write for and submission guidelines are available for all. Please visit www.emeraldinsight.com/authors for more information. About Emerald www.emeraldinsight.comEmerald is a global publisher linking research and practice to the benefit of society. The company manages a portfolio of more than 290 journals and over 2,350 books and book series volumes, as well as providing an extensive range of online products and additional customer resources and services.Emerald is both COUNTER 4 and TRANSFER compliant. The organization is a partner of the Committee on Publication Ethics (COPE) and also works with Portico and the LOCKSS initiative for digital archive preservation. AbstractPurpose -The purpose of this paper is to examine the way in which the courts in the UK have interpreted the meaning of criminal property in the principal money laundering offenses under the Proceeds of Crime Act 2002 (POCA). Design/methodology/approach -This paper employs a doctrinal legal analysis and secondary data, which analyze the primary source, which is POCA itself, and secondary sources including case law, articles in academic journals, books and online databases. Findings -The authors contend that the courts in the UK have been dynamically interpreting the ambit of money laundering offenses in POCA and that despite such judicial activism in the construction of criminal property, it has provided a much needed certainty to the law. Originality/value -This paper could be a useful source of information for the practitioners, academicians, policymakers and students in this particular area of crime.

With the advancement of ICT, cyberbullying has become more common than ever before, particularly in modern workplaces. With the requirement of working from home during the pandemic, cyberbullying within the workplace has skyrocketed within the past year. Cyberbullying can be classified as a traditional crime that has transcended to cyberspace as a result of technological advancements and the proliferation of numerous social media platforms. Despite widespread public concern about such crime in Malaysia, the legislative response to this crime is still somewhat slow due to the gaps in the current legislation governing cyberbullying. The legal landscape governing cyberbullying is still insufficient, due to the current legal framework being too general, making investigation and prosecution of the crime difficult. Cyberbullying can result in Post-Traumatic Stress Disorder, psychological problems, major physical and mental health problems, and even suicide. The purpose of this article is to investigate the notions of cyber bullying harassment, the risks associated with such crimes, and the legal and management mechanisms for dealing with such crimes. This research makes use of a doctrinal content analysis as well as secondary data from the law, academic journals, books, and online sources. According to the authors, unequal power relations in the workplace, anonymity, and cross-border connectedness are some of the rationales for cyberbullying, which can be expressed in a variety of ways with negative consequences for employers and employees alike. The inadequacy of the present traditional and computer-specific legislation in dealing with such crime necessitates the management of such crime.

Online distance education was once a process that was not easily been accepted by students, even by the educators, but when the pandemic strikes, they had to adopt and adapt the process in order to gain knowledge. The COVID-19 has resulted in shutting down schools, including tertiary institutions, all across the world. Consequently, education changed dramatically, and the mode of teaching was done remotely and on a digital platform. One of the adoptions of online learning involves using numerous online platforms and inserting interactive programs, music, animated graphics, photos in the teaching material to attract the interest of students. These types of works are, more often than not, copyrighted works that belong to someone. Generally, a license or permission must be sought before these works can be used by anyone. The permission or license, once granted, would involve a licensing fee or royalty payments to the copyright owner. However, this article looks at the law relating to the copyright exploitation awareness in the context of the law of intellectual property and the exceptions to this law, in particular, the scope of the hybrid fair dealing defence for education. This paper employs a doctrinal analysis using secondary data from academic journals, books, and online databases. The findings will respond to the legal framework for the understanding of copyright exploitation and its exception in the post-pandemic era.

In the digital era, some real-world crimes have now transcended into cyberspace. Cybercrime such as cyberstalking is one of them and is considered as an emerging threat in Malaysia. Its prevalence in the reported statistics is merely a tip of an iceberg as many cases may not be reported. Cyberstalking may lead to a chain of psychological trauma and more severe crimes such as identity theft, rape, and even murder. However, despite its serious ramifications, the absence of any specific law to curb such criminality is regrettable and glaring in the Malaysian legal landscape. Hence, this paper aims at examining the technological and social factors contributing to such illegality, the rationales for the non-criminalisation and its implication for the victim's sense of justice. This paper adopts a qualitative methodology, of which the primary data is generated from semi-structured interviews with relevant respondents. The data triangulation is obtained from experts at two relevant ministries. The secondary data are the relevant cyber law, the Penal Code, books, academic journals, online databases and library-based sources. The findings revealed that the catalysts for cyberstalking are varied and that such crime has not been specifically criminalised in the Malaysian cyber laws or traditional legal framework. Such a legal lacuna calls into question not only the adequacy of the current law in dealing with such crime but also the availability of legal protection and nondenial of justice for cyberstalking victims as envisaged by the National Cyber Security Policy 2006 and the Sustainable Development Goals No.16.