December 4, 2024
KUALA LUMPUR – Malaysia has tabled sweeping changes to laws governing the internet, as part of a plan to increase restrictions and penalties on online content deemed objectionable, especially on social media and messaging applications.
This would mean top representatives from the likes of Meta (which owns Facebook, WhatsApp and Instagram), X and Google in Malaysia could be arrested without the need for a warrant and be liable for jail time of up to 10 years, in the country’s bid to curb scams, online gambling, bullying and pornography, especially involving minors.
The Anwar Ibrahim administration is planning to subject such platforms, which have more than eight million users in Malaysia, to a controversial licensing regime from Jan 1.
The proposed amendments to the Communications and Multimedia Act (CMA) on Dec 2 will also seek power for regulators to obtain private data related to offences under this law, and require social media and messaging platform licensees to aid or conduct surveillance on those suspected of criminal offences.
Deputy Communications Minister Teo Nie Ching confirmed in Parliament on Nov 25 that this will “compel anyone in control of a communications system to reveal their data… police will have the power to ask platform providers to reveal data of their account users”.
The Bill also replaces the term “offensive” with “grossly offensive” under the controversial Section 233 in the CMA on “improper use” of the internet, which has been invoked to prosecute activists, satirists and politicians.
The Bill explains that this is to limit the definition to content that is “expletive(-laden) and profane in nature that offends many people including crude references, hate speech and violence”. However, other vague terms such as “obscene”, “indecent” and “menacing” remain in Section 233.
Government backbenchers have expressed misgivings over the potential for abuse ahead of a debate on this Bill – expected to begin in the week of Dec 9 – as well as amendments to the Malaysian Communications and Multimedia Commission (MCMC) Act.
Parliament’s select committee chairman on international relations and trade Wong Chen, while applauding the intention to fight growing cybercrimes, warned against “rushing to pass Bills like this until proper feedback” has been obtained.
“This Bill proposes extensive discretionary powers to the minister, and that is a big concern. I will propose that my government has to amend the law and ensure that 50 per cent of the members in the commission (MCMC) are qualified, independent and from the industry and human rights NGOs to ensure checks and balances to these ministerial powers,” he told The Straits Times.
Mr Wong is the policy director of Parti Keadilan Rakyat (PKR), the same party which Prime Minister Anwar and Communications Minister Fahmi Fadzil hail from.
Malaysia’s plans to license social media and messaging operators has been under deep scrutiny since June over proposals such as a kill switch to summarily take down content deemed egregious, forcing licensees to allow their content moderation and algorithm processes to be audited, as well as to have an entity domiciled in Malaysia that would be subject to penalties under local law.
According to internet regulator MCMC’s draft code of conduct, social media and messaging operators must prevent “repeat violations by blocking users from creating new accounts if they have a history of repeatedly violating the platform’s community guidelines, the CMA 1998 and/or any other relevant Malaysian laws”.
This provision has been described by experts as “too Minority Report”, a reference to the popular 2002 Tom Cruise movie depicting the arrest of alleged criminals through the use of precognition before crimes are committed.
Free speech advocate groups Article 19 and the Centre for Independent Journalism said in a joint statement on their websites on Dec 3 that “these amendments prioritise control over information, posing risks of censorship and suppression of dissent”.
“These legal additions that target internet freedom altogether is a significant overreach with no independent entity that is able to hold these enforcers accountable,” said Article 19 senior Malaysia programme officer Nalini Elumalai in an earlier Nov 27 statement, warning of how “broad and vague powers” can “turn the country into a surveillance state”.
This comes on the back of reported plans to expand the scope of the Printing Presses and Publications Act (PPPA) to include digital publishers, forcing them to obtain permits.
Press freedom advocates have criticised the move by the multi-coalition Anwar administration to broaden the scope of the PPPA, and for reverting back to requiring regular permit renewals.
Home Minister Saifuddin Nasution Ismail – also from PKR which has since its founding in 1998 espoused democratic reforms, including repealing draconian and repressive laws – had in March said only “small things like the quantum of compounds” were being considered for change.
But after civil society groups voiced concerns in November, Datuk Seri Saifuddin promised to engage stakeholders to “make their case… if there are aspects they consider excessive, they are welcome to voice their concerns” without detailing any specifics of the drafted amendments.
Datuk Seri Anwar’s government has faced deepening criticism that it is clamping down on free speech, ever since Reporters Without Borders released its 2024 World Press Freedom Index, which saw Malaysia fall to 107th place from 73rd the previous year.
Kuala Lumpur has also greatly increased the number of takedown requests to social media platforms, making the world’s highest number of complaints to TikTok in the second half of 2023.
But the MCMC has denied its actions are politically motivated, saying on June 20 that over 70 per cent of its social media content removal requests were to curb online gambling and scams.
From 2020 to 2023, RM3.2 billion (S$963 million) has been lost to online scams. Online gambling is also estimated to rob the Treasury of around RM2 billion in tax revenue per year.
The MCMC has also claimed that as many as 100,000 children were at risk of online sexual exploitation in 2022.