THERE is a fallacy that the Malaysian Communications and Multimedia Commission (MCMC) is so powerful that it has the authority to take down any content that it deems offensive.
Let us look at some real cases. A desperate father turned to me for help because the former boyfriend of his daughter posted some private pictures online taken during happier times.
However, the man became nasty when the relationship fell apart and it got worse because these photographs suddenly appeared on some pornographic sites.
Reports were made but MCMC ran into obstacles because these foreign social platform owners do not need to act immediately.
Requests were made to the platform’s “mediation and moderation panel’’ which took their time, refusing to reveal identities and citing they had no legal obligation to block anything.
Another case involved another culprit – a former boyfriend who posted pictures of his ex-girlfriend, calling her names and humiliating her online. The case is now pending in court after he was identified.
In my case, a person, known as a serial rabble-rouser, using different identities and accounts, had posted false and defamatory information on several people from his previous place of employment.
He targeted me – using his mother’s mobile phone and picture to open an account under her name to attack me.
Police and MCMC reports were made, prompting the police to pay a visit to his house after his identity was ascertained and his statement taken. The police completed the case and made their recommendations to the prosecutors.
I have no intention to pursue the matter because, religiously, I believe in forgiving. I found out that his grief with me was that I am a friend of his ex-colleagues, which he had a grudge against. But each day, the police have to take down reports, ranging from scam cheating to cyber bullying, where innocent lives are destroyed through the loss of savings, humiliation and cheating.
No one talks about the victims. These social media platforms, which are making huge sums of money, take no responsibility for the sufferings of ordinary people, have no offices or representatives in Malaysia or are subject to any form of penalty.
For the media, content created by journalists has been taken and posted online without proper advertisements being shared with us.
It is healthy to read and hear Malaysians arguing over the government’s move to propose a new regulatory framework to license social media platforms with at least eight million registered users.
The rule, which will take effect from Jan 1, 2025, has sparked debate, although the government has said it is to ensure a safer online environment for users.
Meta platforms (Facebook, Instagram, Google Chat) as well as TikTok, Telegram and X must apply for a licence from the government.
However, the biggest concern is that the move will affect the freedom of expression, in particular, criticism against the government.
Some see this regulation as a threat and compare it to the Printing Presses and Publications Act, which still needs a one-off permit application for all print newspapers and magazines.
They point out that Malaysia has submitted the world’s highest number of content takedown requests in the second half of 2023. They have also pointed out that Malaysia’s 2024 World Press Freedom ranking has dropped to 107th from 73rd, previously.
What is less said, if not totally ignored, is that 70% of the content removal requests were to stop online gambling and scams. The MCMC received over 3,400 complaints of hate speech between 2020 and 2023. During the same period, RM3.2 billion was lost to online scams.
Communications Minister Fahmi Fadzil reportedly said over RM1 billion was lost to online scams last year while not less than 10 cases of cyberbullying were reported daily.
Online gambling is also estimated to cost the government RM2 billion in tax revenue yearly. Some think it could be as high as RM5 billion annually.
From Jan 1 to July 13, data indicated that MCMC had requested 128,133 contents to be taken down, yet only 109,624 of them were removed. Of the total, 53% were related to online gambling, 22% were scams, 13% were false news, 5% were 3R (royal, race, religion) issues and another 5% were harassment.
Many who only read the English medium social media may not be aware of the numerous hate and racist comments that were posted at the height of the KK Mart issue.
Do we allow these in the name of press freedom with anonymous writers posting concocted information without having to take responsibility for their actions, particularly stealing the hard-earned money of ordinary Malaysians?
It is the senior uncles and aunties who need protection from being tricked into believing that they can get some extra income from their depleting savings.
However, there is also another element of concern – sexual predators posing as children and targeting minors online. While there is no specific tagging under paedophilia, the MCMC has received complaints related to online content involving child sexual exploitation.
The breakdown for these related cases is as follows – 77 (2021), 51 (2022), 75 (2023) and 17 (2024, as of July 24) – bringing the cumulative total to 220 cases over the last three years.
For scamming, the numbers are 3,449 (2021), 2,675 (2022), 4,180 (2023) and 2,466 (2024, as of July 24), with a cumulative total of 12,770.
MCMC commissioner Derek Fernandez said the government’s move “aligns Malaysia with global developments, where regulatory measures are increasingly being implemented to hold these platforms accountable.
“Examples of such global trends include the European Union’s Digital Services Act, which sets out obligations for platforms to limit the spread of illegal content and prohibit targeted advertisements to minors, and the introduction of similar regulatory frameworks in Asean countries such as Singapore, Indonesia and Vietnam.’’
Fernandez said Malaysia has robust laws in place, including the Communications and Multimedia Act 1998 (CMA 1998), to address various online harms.
However, these platforms may believe that these laws do not apply to them and are only applicable to local players.
“We are regulating these platforms to uphold the principle of equality before the law. Other industry players, such as broadcasting companies, telecommunications providers and internet service providers, are all regulated under the CMA 1998,” he said.
Considering the nature of service, significant impact and reach of these platforms on every aspect of Malaysian users’ lives, he stressed that it is imperative and timely that they are regulated under the CMA 1998.
“The proposed licensing framework will require these foreign platforms to register with the MCMC. Upon registration, these platforms will be obligated to comply with our relevant laws, including the CMA 1998 and the Personal Data Protection Act 2010,” he said.
Fernandez said the biggest frustration of MCMC is that currently, no legal obligations are mandating these platforms to take proactive measures against online harms.
He said the proliferation of advertisements for illegal gambling and scams highlights this deficiency.
“Currently, these platforms are not sufficiently incentivised to enhance their operations to combat these issues as there is no legal requirement compelling them to do so,” he said.
Any company that wants to operate in Malaysia must comply with our local laws. Why should there be any exceptions and exemptions?
The fear of regulating these technology providers is simply because we rely on their availability and the reluctance of the government to make unpopular decisions.
Datuk Seri Wong Chun Wai, a journalist for over 40 years, is the chairman of the Malaysian National News Agency, Bernama. Comments: letters@thesunadily.com
