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Lawyers defend ONSA, say it protects users, not restricts free speech

Legal experts clarify that Malaysia’s Online Safety Act targets harmful content like scams and child exploitation, not legitimate public debate.

KUALA LUMPUR: The Online Safety Act 2025 (ONSA) is a legal mechanism to curb harmful online content by regulating digital platforms, not punishing users, say legal practitioners.

Lawyer Muhammad Akram Abdul Aziz stated the law protects users from high-risk content like digital fraud, child exploitation, and cyberbullying.

“Any restriction must be based on clear and reasonable criteria so that freedom of expression is not denied outright,” he told Bernama.

ALSO READ: Malaysia enforces new online safety law on global platforms from 2025

He warned that perceptions of curtailed free speech could arise without transparent enforcement and clear guidelines.

Gazetted on May 22, ONSA imposes explicit obligations on platforms to manage content like child sexual abuse material and self-harm related posts.

Lawyer Siti Nor Syahidah Ismail echoed that ONSA sets reasonable boundaries to prevent abuse while addressing harmful content.

“ONSA prioritises user safety rather than restricting free speech,” she said, dismissing claims the law aims to silence public voices.

She noted the law places legal obligations on platform providers to implement preventive measures.

Lawyer Datuk Geethan Ram Vincent cautioned that without safeguards, ONSA could risk over-censorship of legitimate discourse.

He said its implications must be managed in line with Article 10(2) of the Federal Constitution.

“ONSA is justified as it provides a specific framework to address increasingly complex cyber threats,” Geethan Ram said.

He added that continuous oversight by an independent body is crucial for balanced enforcement.

Lawyer Nursyafiqah Mohd Desa said ONSA reflects efforts to regulate social media without denying constitutional freedoms.

She stressed freedom of expression is not absolute and must be balanced against national security and public order.

“Some level of regulation is necessary to safeguard security, public order and societal morals,” she said.

Nursyafiqah added that ONSA ensures freedom of expression is exercised safely and responsibly. – Bernama

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