Electronic Evidence In Malaysia: Admissibility And Discovery | By Dr Gita Radhakrishna 2022

• From a variety of potential sources, an explanation of the fundamentals of information technology, the authenticity and admissibility of electronic evidence, and the fledgling notion of electronic discovery (E-Discovery).
• Specific chapters provide assistance on obtaining and authenticating specific types of electronically stored information (ESI), including as emails, text messages, social media, digital audio, picture, and video recordings, for admissibility, especially in the age of Deep Fakes, IoT, and AI.
• The case of R v Seema Misra is discussed in relation to the assumption of machine and software programme dependability.
• With several case examples, section 90A of the Evidence Act 1950 is examined in regard to electronic evidence authentication.
• The general concepts of "discovery" under Order 24 Rules of Court 2012, their application to E-Discovery, and the issues that come with it.
• Failure to protect data has ethical implications and repercussions.
• In E-Discovery instances, computer forensics is used.
• Discussion of when and how to put an acceptable legal hold on evidence preservation.
• Advice on the significance of ESI retention and preservation.
• The most recent instances involving "Unknown Persons" Proprietary Orders.
• A plethora of examples from Malaysia, Singapore, England, and the United States provide guidance on difficult authentication concerns and the new field of E-Discovery.
• E-Discovery guidelines that have been proposed.

TABLE OF CONTENTS of Electronic Evidence In Malaysia

1. The Internet and Electronic Evidence 
2. Introduction to Electronic Evidence
3. Authenticating Text Messages, Emails and Evidence from Websites
4. Authenticating Audio and Image Evidence
5. Digital Signatures
6. Authenticating Evidence from the Cloud, IoT and Algorithms
7. Admissibility Provisions Under Section 90A of the Evidence Act 1950
8. ESI and the Hearsay Rule
9. Section 114A: Presumptions
10. What is E-Discovery
11. Legal Professional Privilege
12. Discovery in Civil Proceedings
13. Other Issues in E-Discovery
14. The Way Forward 

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