Can Malaysia's social media licensing solve cyberbullying issues while protecting freedom of speech?

SHAH ALAM - The death of a social media influencer who was distressed due to bullying by TikTok users in May has caught the attention of Communications Minister Fahmi Fadzil. He addressed the matter, stating that issue of cyberbullying on social media platforms will be presented in a Cabinet meeting to find the best solutions - one that includes legal and enforcement aspects.

The Malaysian Communications and Multimedia Commission (MCMC) meanwhile has announced that all social media and internet messaging services with at least eight million registered users in the country will be required to apply for a Class License for Application Services under the Communications and Multimedia Act 1998 (Act 588).

This measure will be enforced starting Jan 1 next year following the introduction of a new regulatory framework for social media and internet messaging services beginning today.

This latest government initiative has elicited various reactions. While some has agreed, others have voiced out against it - many arguing issues surrounding freedom of speech.

VOICED SUPPORT

License Requirement Does Not Restrict Freedom of Speech but Regulates the Social Media Network

- Universiti Teknologi Mara (UiTM) and Political and Social Media Analyst Associate Professor Dr Sara Chinnasamy:

The introduction of specific licenses to control or curb actions that incite hatred, provoke, contain elements of defamation, and insult specific individuals or parties cannot be considered as restricting freedom of speech.

However, if it involves the 3R issues—religion, royalty, and race—then such restrictions are warranted.

This is the first time a license for social media services has been proposed in the country. Many countries have already established similar laws to regulate the freedom of social media spaces.

Globally, there have been regulations on social media services based on contemporary contexts, issues, and challenges faced by different demographics.

At the same time, it also impacts the socio-economic development of the population, including politics.

In this country, the government needs to conduct a study to establish social media service licenses according to usage categories, as in Malaysia, social media platforms are used by different age categories and trends.

So, how and where should the government start if it wants to establish licenses for social media and internet messaging services? This aspect was crucial.

Currently, Malaysia has cyberbullying laws, which has been very much welcomed, but at the same time, they need to be improved in line with current developments.

THOSE OPPOSED

Clear Guidelines Needed, Do Not Violate Human Rights

Universiti Teknologi Mara (UiTM) and Political and Social Media Analyst Associate Professor Dr Sara Chinnasamy:

In my view, the government must ensure that the introduction of these licenses or monitoring does not violate human rights, particularly the rights to freedom of speech and access to information.

There needs to be a balance between an individual's right to access and disseminate information and the right to not victimise vulnerable groups.

We are still waiting to see what form this regulation will take and what guidelines will be provided.

We hope that the MCMC will engage the Human Rights Commission of Malaysia (Suhakam) and various stakeholders, including non-governmental organisations and other relevant parties, to ensure that the guidelines or monitoring do not violate human rights.

This is actually a monitoring step by MCMC to ensure that those involved are more responsible.

This means that any party that creates applications and official websites must be accountable if something happens, such as criminal activities like fraud, scams, and so on.

Therefore, the government sees the need to ensure that anyone who wants to operate an application must apply for a license, and this is very important.