APR - 2012
The category of computer output evidence will be significantly expanded by the deletion of
the word ‘computer‘ in many sections of the Act. This was done because Parliament
recognised that the computer output evidence sections of the Act were drafted in the midto
late–1990s, a period of time when the state of computer technology was far different from
what it is now. The Minister of Law, Mr. K Shanmugam, mentioned in his speech to Parliament
during the Second Reading of the Evidence (Amendment) Bill, that essentially, the limitations
imposed by the Act on computer output evidence should be amended to reflect the
versatile nature of computer output evidence today.
The amendments to hearsay evidence expand the scope of the exceptions to the general rule rendering hearsay evidence inadmissible. More specifically, the scope of the exceptions was broadened in relation to statements made in the course of trade, business, profession or other occupation, providing the courts with greater discretion to exclude evidence in the interests of justice and to better align the exceptions to the hearsay rule in civil and criminal proceedings.
The Copyright (Amendment) Act 2012 (the "Amendment Act") came into operation on 1st March 2012. The amendments are aimed to fulfill the requirement that would enable Malaysia to participate in the WIPO Copyright Treaty (WCT) and the WIPO Phonograms and Performance Treaty (WPPT).