Using the Internet at work
THE Internet offers access to a vast amount of information and is an efficient means of communication, research, marketing and collaboration. It has allowed people virtually unrestricted access to millions of websites from their computer. In the workplace, the use of electronic communication tools such as e-mail is the norm today and, in many cases, is vital for the survival of businesses.
Many employees today are computer-savvy and frequently use the Internet and e-mail as a communication tool to promote their organisation’s business.
However, excessive use of the Internet for personal matters while at work, such as going on YouTube, Twitter and Facebook, can have negative impact on productivity.
Misuse and abuse of the
Internet by employees in the workplace, including downloading and installing unauthorised software and games onto the workplace computers, may expose the employer to potential liability for breach of copyright. Likewise, sending offensive or sexual messages via e-mail to co-workers or displaying pornographic or obscene materials on the computer screen, among others, could also expose the employer to various legal risks such as failure to provide safe places at work or defamation suits.
Using the company’s e-mail facility to promote feelings of ill will and hostility among races in the workplace or the general population in the country could put the employer under risk for abetting sedition under the Sedition Act 1948. The Communications and Multimedia Act 1998 permits punishment of the owner of a website or blog for allowing content of a racial, religious or political nature that is deemed offensive.
The Act also prohibits communication of pornographic materials over the Internet. Action could be taken not only against the content providers but also the service providers for allowing the transmission and accessing of obscene materials.
The Printing Presses and Publication Act 1984 prohibits pornographic materials under “undesirable publication”. Further, the distribution, exhibition and circulation of obscene books and pamphlets, among others, are prohibited with penal consequences under the Penal Code. Offences relating to misuse of computers are also regulated by the Computer Crimes Act 1997.
The courts in Malaysia have taken judicial notice of the fact that cyber and Internet infiltrations and crimes are on the increase. In Rutinin Suhaimin v PP (2015), the appellant was charged and convicted under the Communications and Multimedia Act when he entered a comment “Sultan Perak sudah gilaaaa” via his Internet protocol account.
Also, in Bax Global Imports (Malaysia) Sdn Bhd v Saravanan Rajagopal (2007), the claimant was dismissed from employment for allegedly writing e-mail that contained abusive and offensive language in particular to female readers.
In upholding the dismissal, the Industrial Court stated: “The provision of Internet facility is basically for work-related matters such as speedy communication via e-mail, submitting of reports or other relevant documents or materials, quick response to clients, research, Internet banking and other legitimate use. It is an abuse to use it as a tool to attack the integrity of one’s superior or other employees. Such act is an act which cannot be tolerated and is a violation of the Internet policy, a serious misconduct in any organisation or industry.”
Hence, many organisations have provisions on Internet access policy in their employment handbook which provides inter alia that Internet access should be limited to job-related activities and personal use is not allowed.
The company also reserves the right to monitor, record and review the use of company information systems such as e-mail traffic, Internet access and Internet-based communications.
Further, the company also monitors access to or distribution of all data which enters the company network, undertakes software audits to ensure compliance to licensing obligations and also the review of any other information stored on company computers.
Breach of the company policies relating to conduct in the workplace could result in disciplinary and/or legal action, leading up to and including dismissal from employment. Further, the employee may also be held personally liable for damage caused by any violations of this policy.