The Role of Civilian Informers, Undercover Law Enforcement Officers and Agent Provocateurs in Prosecuting Online Gambling Offences in Malaysia: A Comparative Overview with Brunei and Singapore
Session Title
Regulation: Legal Frameworks & Oversight
Presentation Type
Paper Presentation
Start Date
27-5-2026 12:00 AM
Abstract
The criminal justice system delivers through investigation, prosecution and reprimanding of individuals violating the laws. Prosecuting online gambling offences justifies invasive law and practices as the offence is often committed by consenting gamblers hence deprived of voluntary complainant or victim reporting the offence to the police. This paper provides an original perspective by examining the largely unexplored domain of the role played by civilian informers (“CI”), undercover law enforcement officers (“UC”) and agent provocateurs (“AP”) in evidence gathering and admissibility in investigation and prosecution of online gambling offences. This paper commences by outlining the functions of CI, UC and AP as investigative tools, followed by an analysis of relevant Malaysian laws and current operational practices of the Royal Malaysian Police. This study compares the corresponding legal provisions and practices concerning CI, UC and AP in gambling-related offences in Brunei and Singapore; selected to highlight the influence of cultural attitudes towards gambling and demonstrate the varying degrees of reliance on the investigative tools. This paper then attempt to illustrate the positive impact of engaging CI, UC and AP. The core proposition posits that the strategic application of these investigative tools is crucial and proposes a prospective framework for the admissibility of evidence obtained by AP to inform potential legal reforms in Malaysian online gambling law.
The Role of Civilian Informers, Undercover Law Enforcement Officers and Agent Provocateurs in Prosecuting Online Gambling Offences in Malaysia: A Comparative Overview with Brunei and Singapore
The criminal justice system delivers through investigation, prosecution and reprimanding of individuals violating the laws. Prosecuting online gambling offences justifies invasive law and practices as the offence is often committed by consenting gamblers hence deprived of voluntary complainant or victim reporting the offence to the police. This paper provides an original perspective by examining the largely unexplored domain of the role played by civilian informers (“CI”), undercover law enforcement officers (“UC”) and agent provocateurs (“AP”) in evidence gathering and admissibility in investigation and prosecution of online gambling offences. This paper commences by outlining the functions of CI, UC and AP as investigative tools, followed by an analysis of relevant Malaysian laws and current operational practices of the Royal Malaysian Police. This study compares the corresponding legal provisions and practices concerning CI, UC and AP in gambling-related offences in Brunei and Singapore; selected to highlight the influence of cultural attitudes towards gambling and demonstrate the varying degrees of reliance on the investigative tools. This paper then attempt to illustrate the positive impact of engaging CI, UC and AP. The core proposition posits that the strategic application of these investigative tools is crucial and proposes a prospective framework for the admissibility of evidence obtained by AP to inform potential legal reforms in Malaysian online gambling law.