Outdated Malaysian law leaves submarine cables vulnerable to foreign damage

Malaysia relies on dozens of submarine fibre cables for its digital economy, yet the sole criminal safeguard, Section 431A of the Penal Code, was drafted for telegraph lines and demands proof of intentional mischief within territorial waters. This leaves a legal vacuum for incidents occurring in the exclusive economic zone, where most cable routes lie, allowing foreign ships to cut or damage cables without penalty. The article cites recent anchor-dragging near Johor and compares Malaysia’s situation to the United Kingdom, which updated its 1885 offence to cover intentional or reckless damage on the continental shelf.

It proposes three reforms: a dedicated offence for cable damage, extraterritorial application to the EEZ and continental shelf, and a jurisdictional basis that locates the crime where the harm is felt, following a Finnish court ruling. Implementing such measures would align Malaysia with its coastal-state rights and modern telecommunications needs.