JULY 30 — The Coalition for Clean and Fair Elections (Bersih) has expressed concern following the government’s announcement to require all social media and internet messaging services with at least eight million registered users in the country to apply for a Class License for Application Service Provision under the Communications and Multimedia Act 1998 (Act 588).

The government’s justification for this action is to curb online fraud, cyberbullying, and the dissemination of child sexual exploitation materials, as well as sexual harassment and assault. Through this licensing, enforcement will also include provisions for a ‘kill switch’ protocol, placing responsibility on social media service providers and internet messaging service providers.

However, Bersih emphasises that this new law could lead to abuse of power and disproportionate actions by the authorities, potentially denying justice to social media service providers, internet messaging service providers, and ultimately stifling freedom of speech.

Bersih reminds that the government has previously tended to use draconian acts such as the Printing Presses and Publications Act 1984, particularly Section 8A, and the Communications and Multimedia Act, particularly Sections 211 and 233, as political weapons to investigate and silence critics of the government, including those currently in power.

Punitive laws such as the aforementioned Acts, combined with the new legislation for licensing social media platforms, have great potential to be misused as a legal framework to restrict freedom of speech and expression from the public.

Bersih supports the proposals from the Centre for Independent Journalism (CIJ) and Article 19, which suggest that the government should halt the decision to enforce social media platform licensing, which appears hasty.

Bersih also agrees with the CIJ and Article 19’s proposal to establish a meaningful and functional social media council to encourage and gather views from stakeholders, rather than merely appearing to ‘listen’ to civil society recommendations.

This includes the establishment of an independent committee to examine the root causes of cyberbullying and other abuses of social media platforms and subsequently to evaluate a more inclusive regulatory framework that could also be considered by the government.

Bersih emphasises that any process of forming this new law must be based on the principles of transparency, fairness, accountability, inclusivity, and respect for the fundamental rights of the people. 

https://www.malaymail.com/news/malaysia/2024/07/30/licensing-law-for-social-media-platforms-could-be-used-as-a-political-weapon-bersih/145495