IN RESPONSE to rising concerns over harmful online behaviours, the Malaysian government has intensified efforts to regulate digital content. Tragic incidents, such as the suicide of cyberbullying victim Esha, have underscored the urgency for legal reforms.
Among the proposed measures are amendments to the Communications and Multimedia Act 1998 (CMA), the Penal Code (PC), and the introduction of new legal frameworks such as the Online Safety Bill (OSB) and the Code of Conduct for Internet Messaging and Social Media Service Providers.
Posting online demands serious thought. A single reckless comment can result in significant legal consequences.
To help you navigate this evolving landscape, here are some key legal considerations to note:
(a) Is your post ‘seditious’?
Section 4 of the Sedition Act 1948 prohibits content with “seditious tendencies”, including statements tha incite hatred, contempt or disaffection against the government or rulers; or promote ill will and hostility between different races.
First-time offenders face fines of up to RM5,000, imprisonment of up to three years, or both.
(b) Is your post obscene, indecent, false, menacing or offensive?
Sections 211 and 233 of the CMA criminalise sharing such content with the intent to annoy, abuse, threaten or harass, whereas Section 292 of the PC penalises those who produce, possess or distribute obscene materials with penalties of a fine, imprisonment of up to three years, or both.
(c) Does your post incite public disorder, fear, alarm, breach of peace, etc?
Posts disrupting public order, instilling fear or encouraging unlawful acts (on grounds of religion or otherwise) or posts that spread false reports or misstatements may violate Sections 124H, 124I, 124G, 298A, 504, or 505 of the PC. Convictions carry fines, imprisonment of up to five years, or both.
(d) Is your post blasphemous?
Section 298 of the PC criminalises actions intended to wound religious feelings. Those convicted may be fined, imprisoned for up to one year, or both.
(e) Does your post defame someone?
In addition to potential civil liability, Section 499 of the PC criminalises defamatory statements intended to, or are likely to, harm another’s reputation. This may lead to fines, imprisonment of up to two years, or both.
Other Legal Considerations
While the laws above provide a foundational understanding, other applicable frameworks may apply, such as:
➤ Sexual Offences Against Children Act 2017: protects children from exploitation;
➤ Official Secrets Act 1972: safeguards confidential government information;
➤ Section 130J of the Penal Code: prohibits support for terrorist activities;
➤ Personal Data Protection Act 2010: regulates the use of personal data;
➤ Consumer Protection Act 1999: ensures fair advertising and trade in consumer transactions;
➤ Malaysian Code of Advertising Practice: promotes ethical advertising standards;
➤ Content Code (Part 3): sets advertising standards for influencers, advertisers and online marketplace operators; and
➤ Intellectual property laws: protect copyrights, trademarks, and patents.
Anticipated Regulatory Changes
As Malaysia’s content regulation evolves, stricter controls are on the horizon.
(a) Proposed Penal Code Amendments: Sections 507B to 507G aim to address threatening, abusive, or insulting communications; and sharing another’s identifiable information (e.g. intimate photos or location details, with malicious intent).
Convictions may result in fines, imprisonment of up to 10 years, or both.
(b) Increased CMA penalties: The proposed Communications and Multimedia (Amendment) Bill seeks to raise fines to RM500,000 and imprisonment to two years (from RM50,000 and one year, respectively).
(c) Expansion of the Printing Presses and Publications Act 1984 (PPPA):
There is speculation about extending the PPPA to digital media. Currently, the PPPA prohibits importing, publishing, selling, circulating or distributing newspapers without a permit; prohibits maliciously publishing fake news; and
empowers the Home Affairs Minister to prohibit the printing, importation, etc, of publications he deems prejudicial to public order.
Conclusion
The shift in Malaysia’s regulatory landscape is a concerted effort to promote online safety and digital accountability.
Although critics caution that these changes could be misused for political purposes, there is nevertheless a critical need for thoughtful and responsible online engagement. In particular, the OSB and the CoC, once enacted, will impose obligations on service providers (including social media platforms) to implement systems and tools that safeguard users from harmful content.
By understanding content regulation and exercising caution, one can reduce their exposure to legal risks and create a safer, more respectful online community for everyone.
This article is contributed by Brian Chua of Christopher & Lee Ong.
