LETTER: We were reminded by the Prime Minister, Tan Sri Muhyiddin Yassin, to ensure continued education with new methods of online and remote teaching and learning (RTL).
He said this must be strengthened as e-learning is the future of education.
Teachers and lecturers must develop their skills with this new normal. With necessary skills and knowledge, RTL will not be less fun and interesting.
However, being unfamiliar with how technology works may lead to some legal complications.
Therefore in conducting RTL, educators also need to be careful so as not to end up in a legal mess with potential liabilities.
There are three legal concerns in RTL, namely, identification, content and communication.
The first concerns identification. Identities are fundamental. The possibility of people going anonymous or hiding their true identity in RTL can pose legal problems.
Unidentified individuals who gain illegal access to the RTL may commit fraud, sabotage or other destructive activities.
Instructors need to ensure all participants reveal their true identity before participating in an online class or seminar.
Identify and properly assign third parties involved in RTL - the platform owner, content aggregator and platform administrator.
If anything goes wrong in RTL, one is be able to apportion the liability to the right person according to the role played.
It is proper for instructors or learning institutions to apply clear disclaimers or notifications.
The second is about content. In RTL, content management is critical.
In fact, it is more complex due to the nature of the technology which enables easy sharing and sourcing.
Ownership of the teaching materials is one area to address. Who owns the materials: the schools, individual instructors or another party?
Rules under Intellectual Property Rights such as Copyright Act apply, triggering potential civil and criminal liabilities if infringed.
Institutions must educate their instructors about this to avoid potential infringement, though some relaxations may apply under the fair use principle or some licensing scheme.
It is also necessary for learning institutions to classify information and documents used in RTL.
Classification of information is critical to ensure that we appropriately use and disclose information; knowing what can be made public, what is for internal circulation only, and what shall remain confidential or secret.
Failing to classify information may mean exposing oneself to potential legal suits or prosecution.
The third pertains to communication rules. It is important to have clear rules to inform all participants on the do's and don'ts during RTL.
Noticeable terms of use, contractual obligations, acceptable use policy, privacy and security of data, as well as dispute resolutions need to be framed in the best possible way.
These terms are useful to inform respective duties, rights and limit of liabilities, if any.
This is important to avoid the spread of offensive, obscene and malicious content as well as misuse of personal data.
With so much of data-sharing in RTL, this rule is important. In Malaysia, breaches under this rule may trigger liabilities under the Communications and Multimedia Act 1998 and Personal Data Protection Act 2010.
Schools and universities embarking on remote and online teaching and learning should not delay in taking steps to manage legal risks in this new norm.
Readying for legal compliance is as critical as preparing personnel capacity and proper equipment in RTL.
DR SONNY ZULHUDA
ASSOCIATE PROFESSOR
AHMAD IBRAHIM KULLIYYAH OF LAWS,
INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA
The views expressed in this article are the author's own and do not necessarily reflect those of the New Straits Times