A telegraph-era law cannot protect Malaysia’s digital lifelines

Malaysia heavily relies on a few submarine cables for its digital economy, with over 20 international cables landing at multiple stations across the country. These cables transport the majority of international data, including the traffic powering Johor's data centre boom. However, the criminal law protecting these vital cables is outdated, dating back to the telegraph era.

Section 431A of the Penal Code punishes mischief to electric telegraph cables but only applies within Malaysia's 12-nautical-mile territorial waters, ignoring damage occurring in the exclusive economic zone or continental shelf. Furthermore, it requires intention or knowledge of potential damage, making it challenging to prove in cases of accidental damage.

The United Kingdom offers a more effective model, with an extended offence covering intentional, reckless, and culpably negligent damage to telecommunications and power cables, with penalties reflecting the severity of the issue. Malaysia should introduce a dedicated offence for such damage, extend it to the EEZ and continental shelf, and apply it to all persons, regardless of nationality or flag, to better protect its digital lifelines.