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13 Malaysian J. Syariah & L. 1 (2025)

handle is hein.journals/mlsnjl13 and id is 1 raw text is: Mel ~ ~ ~ ~ 11 ys! nJrnloSynhat aW Vol. 13, No. 1, pp. 1-17 | April 2025 DOI:https://doi~r/ 0.33102/misI~voll3ro1 763 MODERNISING SITE-BLOCKING MECHANISM IN PROTECTING COPYRIGHT OWNERS CONTENT AGAINST DIGITAL PIRACY IN MALAYSIA *Mohd Syaufiq Abdul Latif, 'Nazura Abdul Manap & Nabeel Mahdi Althabhawi 1Faculty of Law, Universiti Kebangsaan Malaysia, 43600 Bangi, Selangor, Malaysia Al-Mustaqbal University, P.O. Box 100, Hillah, Babylon, Iraq *(Corresponding author) e-mail: svaufiglatif@ nail.comn Article history: Submission date: 12 March 2024 Received in revised form: 19 Sep 2024 Acceptance date: 17 October 2024 Available online: 20 January 2025 Keywords: Copyright law, digital piracy, site-blocking, copyright enforcement, digital technology Funding: The authors would like to acknowledge the financial support from the Ministry of Higher Education, Malaysia, under the Fundamental Research Grant Scheme FRGS/1 /2020/SSO/UKM/01 /2. Competing interest: The author(s) have declared that no competing interests exist. Cite as: Abdul Latif, M. S., Abdul Manap, N., & Althabhawi, N. M. (2025). Modernising site- blocking mechanism in protecting copyright owners content against digital piracy in Malaysia. Malaysian Journal of Syariah and Law, 13(1), 1-17. h1tirs> doik.ora iOS3iO2 rnyslvoI13no1.763, © The authors (2025). This is an Open Access article distributed under the terms of the Creative Commons Attribution (CC BY NC) (Lif creativecommonsorp beenses/by nc/4JO/), which permits non-commercial re- use, distribution, and reproduction in any medium, provided the original work is properly cited. For commercial re-use, please contact oenerbit@usjm.edu.my. ABSTRACT The rapid evolution of digital technology and the widespread demand for online content have facilitated the rise of digital piracy, posing significant challenges to copyright protection. In Malaysia, digital piracy undermines copyright owners' revenue potential and creative incentives, causing substantial financial losses across various industries. Malaysia has incorporated site-blocking mechanisms under section 263 of the Communications and Multimedia Act 1998 and section 43C(2) of the Copyright Act 1987 to combat this issue. These measures aim to disrupt access to websites hosting pirated content, deterring illegal copyright consumption. However, the effectiveness of these mechanisms is continually challenged by the adaptive tactics of digital pirates, jurisdictional limitations, and technical workarounds that allow access to pirated content despite blocking attempts. Determining whether these site-blocking mechanisms effectively protect copyright owners' content against digital piracy necessitates a thorough evaluation of their strengths and weaknesses and a consideration of modern strategies for improvement within those acts. This paper hence will explore the current overview of site-blocking in Malaysia, identify the gaps in improvements and propose recommendations for enhancing the site-blocking frameworks to more effectively combat digital piracy and protect copyright owners' content against digital piracy in the currently evolving digital space. 1 '1

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