Digital Literacy : Its importance, predicament and Malaysian legal implications (Winning piece for ALSA MY ARTICLE 2021)
Written by: Averroes
(1.0)
Introduction to
Digital Literacy
(1.1)
What is
literacy
We would have
to understand the term literacy, before we determine what is digital literacy.
According to Ayhan (2016) states that literacy is a situation which stimulates
logical contemplation of mankind in a chain to develop data production, memory
and identification aspects.
As humans, our
literacy is measured by our writing and reading skills. Literacy is the driving
force that shapes a utopia of intelligence and civilized conduct. Writing and
reading in turn is influenced by technological advancements, introduced by our
ancestors and cultures.
Humanity
created printing machines, books, scriptures, scrolls and disseminated other
literary works to every edge of our world, through pen and words!
Those who wield
and have competent literacy command are those belonging to the higher
echelons, religious elites, governmental administrators and businessmen or the
wealthy alike. Generally, those who are successful as well as those who seek
to be successful.
(1.2)
What is digital
literacy
Digitalization
is the process of translating elements of multimedia, interaction and data into
a digital form. When we digitalize
literacy, it becomes, ‘digital literacy’. Sounds obvious, but writing
and reading becomes a digital form when we convey it on various technological
platforms, such as computers, smartphones and laptops.
These modern
machines have cultivated a new generation of societies whom utilize the digital
world; the internet to gain knowledge, improve their talents, share their ideas
and expressions, while also serving to search for job employments, boost
economic prosperity and a rostrum to discuss or debate.
According to
Spires et al. (2017) intellectual cognitive functions related to digital
literacy can be divided into three basic skills that is; (1) locating
and consuming digital content, (2) creating digital content; and (3)
communicating digital content.
(1.2.1)
Locating and consuming digital content
It is
imperative for internet users to able to find and search for resources or
materials online which determine whether they are digitally literate or not.
Many of these can be extracted from Google Scholar, adding pdf in every search,
news portals or subscribing to online academic databases.
Academia and
Researchgate is also a great start for those inspiring to allow easier pool of
informative access to those conducting research and studies.
(1.2.2)
Creating content
Internet users’
or netizens’, digital literacy is also dependent on creating content.
Educational and informative content could be created through visual
representations, such as videos or illustrations. Popular platforms used by
teachers would be Youtube, Powtoons and PowerPoint Presentations.
(1.2.3)
Communicating digital content
Information
procured or to be shared is achievable by communication. Social networks such
as Facebook, Twitter and Facebook are mediums to communicate data. Though,
there are infinite of other communicative tools to share information. Schools
in Malaysia are stepping into the beacon of the 21st Century
learning environment, a rejoiceful yet perilous future that lies ahead.
(2.0)
Problems and
challenges to digital literacy
(2.1)
Insufficient
funds and poor awareness on its benefits
The internet is
vast, that there are no territorial hurdles to limit human interaction over
digital machines. Students with access to digital technologies have better
quality in education. However, across the strata of societies, countries and
demographics lack access to adequate use of digital technologies.
Many students would
lose opportunities as there are profuse numbers of e-books, articles,
educational videos and library databases available. Physical books though still
relevant, is costly and heavy to bring around places. Many traditional
institutions or communities still abscond digital transitions when it comes to
education.
Digital
literacy must be introduced as early as kindergarten and primary school, as
children at a very young age must be adapted to new technologies. As previously
explained, creating short clips or films would tremendously increase
participation and motivation for children.
In turn,
children and students are able to collaborate and brainstorm ideas together.
This is proven to be a pedagogical method to reach toward the youth, while
enhancing their innovative and creative mindset. This would surely prepare them
for the employment world as they grow older with the necessary skills equipped
from an early age.
Sadly, not
every place in Malaysia, especially the rural areas have the amenities to
digital needs. In Sabah, there are still certain areas that still have poor
internet connection. One story involved a university student in that state,
whom climbed a tree to partake in an examination. This sent shockwaves through
social media, as people have become more aware of digital literacy, during the
pandemic.
(2.2)
Ethical and
moral issues
Another problem
would be that certain segments of netizens could not distinguish between what
is ethically or morally right in the digital world. Ethics and morality differ
from cultures, economic standings and communities around the world. Regardless,
based on human conscience, there are matters that we could all agree on to what
is right or wrong.
Even being
digitally literate, irresponsible individuals take the advantage of the skills
and digital capabilities they have to exploit and exert advantage over others.
There are innumerable of examples, including spreading viruses, trojans,
hacking, phishing, denial of service attacks (DOS), blackmail and more.
There are
multiple laws to protect people from these malicious attacks, but herewith are
significant examples;
(2.2.1)
Penal Code;
Section 503 is for
criminal intimidation to threaten to harm a person’s body, reputation or
property which section 506 is the punishing section.
Section 503 is
interpreted to include online modes of communication as well, via the internet
for instances. In the Muhibbah Engineering (M) Sdn. Bhd case, the
claimant was dismissed from their job for threatening bodily harm to his
two superiors via handphone.
The Macau Scam (cheating)
has gone undeterred as activities related to it is an offence under section
420. Viewing the Nebolisa Olisa Hillary incident in 2016, a
Nigerian man disguised as an Arab-English male to cheat a retiree off her money
on Facebook. She was deceived to transfer RM10,7950 to him through Maybank. The
perpetrator was punished accordingly under section 420.
Section
130J(1)(a) and 130JB(1)(a) are for offences related to soliciting or
giving support to terrorist groups for the commission of terrorist acts and in
possession of items associated with terrorist groups or terrorist acts.
In PP v
Aszory bin Achoi, the accused was alleged to have supported Daesh
through his two Facebook accounts and had possession of 43 images of Daesh on
his mobile phone. He was then convicted and sentenced to imprisonment, which
the accused appealed.
(2.2.2)
Communication and Multimedia Act 1998;
Section 233(3) of the Act
includes the element of ‘intent to annoy, abuse, threaten or harass any person’
has to be corroborated. Any matter that is obscene, indecent, false or
offensive is for the court to interpret to determine if it fulfilled that
mentioned element.
This provision
is wide enough to cover regulate many online unethical conducts, that is
body-shaming, cyber-bullying and texting sexual messages. It is not denied that
this law is too vague and can include many situations which can fall under this
provision.
In Yasmin
Norhazleena case, despite not being a criminal case and the claimant
case being dismissed as the sexual harassment committed by her superior through
email was not a violation to the Ministry of Human Resources Code in 1999 for
sexual harassment. It was her whom voluntarily retired.
A broader
perspective to this case, the victim should have lodged a police report on this
matter under section 233(3) of the Act. The emails had sexual innuendos, such
as; “When you came my spirit has been lifted tremendously, my emotional side
is disturbed. I have this internal dilemma, I won’t be able to function as a
human being, that is my weakness.”
(2.2.3)
Computer Crimes Act 1997
Under section
4(1)(a), the accused in the Rose Hanida v PP case was
convicted for 13 unauthorised access using ID and password belonging to the
Department Bank of where she worked, OCBC Bank. She submitted false financial
claims which caused RM348,294.81 from the bank to be transferred to her
personal account.
(3.0)
Solutions
(3.1)
Funding and
support from the public, NGOs and stakeholders
This may be a
redundant solution, but increasing tenfold the involvement of the public and
non-governmental organizations would increase the chances for better learning
opportunities. There should be donations and crowd-funding or online challenges
to accumulate money to help students have access to digital needs.
Parents through
the PIBG group in their schools should be more proactive and lenient when it
comes to funding their school. In turn, the school should make the parents feel
confident that the money expended would directly be used only for the exact
purpose. Transparency and integrity are the best policy.
The management
of educational institutions are sometimes are sluggish to channel their funds
to purchase digital essentials for their schools and universities. This is due
to administrative, contractual and procedural issues which should be settled
promptly or much earlier.
Companies such
as Frog Classroom and Yes 4G are some of the players that partner with schools
and universities to provide digital connectivity. More players need to be
present in order to branch out more connectivity across Malaysia.
(3.2)
Reforming
teaching methods
Even if money
is the main obstacle, would it not be better if the teachers and lecturers were
to teach their class holistically?
Teachers and
lecturers need to understand that each and one of their students have their own
social and financial constraints. Some hail from humble families and those from
the affluent. They should not blame their own students for not having good
internet or digital needs.
These educators
should serve as an example to their class. The educators should take the
initiative to bring their own projector, speakers and laptop to be shared in
class and interact with their students. Educators should not expect their
students to print paper which places financial burden onto them.
Schools that
already have computer labs are left neglected with poor maintenance. Computer
labs must be given among the top priority and also be a regular class setting.
Educators should not be overly worried if their students play video games.
Educators need to recognise that video games also contribute to building
creativity and ideas, while limiting the time and providing a break time
for them to play.
Authorities
Cases
[2009] 2 LNS
0363
[2009] 3 ILR 75
[2017] MLJU
1212
[2018] 9 MLJ
702
Statutes
Penal Code
Computer Crimes
Act 1997
Communication
and Multimedia Act 1998
Journal
Articles
Ayhan, Bünyamin. (2016). Digital Literacy. 10.3726/978-3-653-07022-4/10.
Chan, B., Churchill, D., & Chiu, T. (2017). Digital Literacy Learning
In Higher Education Through Digital Storytelling Approach. Journal of
International Education Research, 13(1), 1–16. https://files.eric.ed.gov/fulltext/EJ1144564.pdf
Hussain, J. (2012). Managing cyber Misconduct [2012] 3 ILJ xxx.
Industrial Law Journal Article (ILJA), 1–11. https://advance-lexis-com.ezaccess.library.uitm.edu.my/document/?pdmfid=1522468&crid=aca3e9f7-2767-4abd-92f0-8000b2a5963c&pddocfullpath=%2Fshared%2Fdocument%2Fanalytical-materials-my%2Furn%3AcontentItem%3A5SDY-P4S1-JG59-22YJ-00000-00&pdcontentcomponentid=364429&pdteaserkey=sr0&pdicsfeatureid=1521734&pditab=allpods&ecomp=bzpqk&earg=sr0&prid=23cc81e2-27e3-421c-8467-c90e7de57c08
Medlock Paul, Casey & Spires, Hiller & Kerkhoff, Shea. (2017).
Digital Literacy for the 21st Century. 10.4018/978-1-5225-7659-4.ch002.
Mohamed, D. (2012). INVESTIGATING CYBERCRIMES UNDER THE MALAYSIAN
CYBERLAWS AND THE CRIMINAL PROCEDURE CODE: ISSUES AND CHALLENGES. Malayan Law
Journal Articles, 1–10. https://advance-lexis-com.ezaccess.library.uitm.edu.my/document/?pdmfid=1522468&crid=acfdb74a-3122-4faf-9b9a-e023d3371b9c&pddocfullpath=%2Fshared%2Fdocument%2Fanalytical-materials-my%2Furn%3AcontentItem%3A5RHW-9901-JNY7-X0MS-00000-00&pdcontentcomponentid=235220&pdteaserkey=sr0&pdicsfeatureid=1521734&pditab=allpods&ecomp=bzpqk&earg=sr0&prid=dd24984f-ea40-45e2-9501-5925976ef9c5
Rahman, Rizal. (2019). CYBERCRIME CASES IN A DECADE: The Malaysian
Experience.
News
Portals
Yusof, A. (2020, September 9). Putrajaya to look into Internet
connectivity in rural areas, says science minister after Sabah student took
exam on a tree. CNA. https://www.channelnewsasia.com/news/asia/malaysia-vevenoah-sabah-exam-tree-internet-connectivity-khairy-13094922
Websites
Frog
Classroom Programme. (n.d.). Frog Classroom. https://www.frogclassroom.com/
Yes | Always 4G LTE. (n.d.). Yes.My. https://www.yes.my/kasiupB40?gclid=CjwKCAjwg4-EBhBwEiwAzYAlsg9vGrllUZh_BEC8xSWwcVKvKb-W8YUeIZ4yyf6ytLrwnOw2_qmWPhoChD8QAvD_BwE&gclsrc=aw.ds
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