PETALING JAYA: Independent and judicial oversight must be provided over any punishments issued under the new regulatory framework for social media platform service providers, say experts.

They were responding to Communications Minister Fahmi Fadzil’s announcement that social media platform providers, without a valid licence, would face fines of up to RM500,000 or five years’ jail or both under the framework.

Cybersecurity and privacy expert Luke Raj said an independent oversight body was necessary to build public trust in the regulatory process and prevent potential future abuse of power.

“This body should be non-partisan and operate transparently while also having representatives from civil society, legal experts and digital rights activists.

“They must have the authority to review content moderation decisions, oversee the implementation of regulations, and address appeals from users and platforms.

“Judicial oversight for users should also be paired with this to allow decisions made under the regulatory framework to be appealed in the judicial system.

“This will provide an additional layer of oversight and accountability while ensuring individuals have a legal path to challenge decisions if they believe their rights have been violated,” he said.

He also called for transparency reports to be published regularly with details for all content removals, appeals and outcomes as well as independent audits of the framework itself to ensure compliance with human rights standards.

Digital expert Kelvin Yong has a similar view, calling for a mechanism to be developed to moderate content.

“Social media platforms should be provided with a clear and transparent content moderation process.

“This should include avenues for users to appeal content removal decisions, which will help strike a balance between ‘freedom of speech against abuse of speech’,” he said.

On the fines and punishment, Yong suggested a hefty punishment as larger platform providers would not be deterred with a RM500,000 fine.

“It would be good if a RM5mil fine is imposed and suspension of their operations for a year,” he said.

He noted that suspending the operations of a service provider for a year would negatively impact the value of their stocks in the market.

Meanwhile, cybersecurity expert Fong Choong Fook said enforcing the new regulatory framework should take a more proactive approach to ensure better cooperation from companies.

“Hardline enforcement such as banning social media platform licences if they aren’t compliant will likely have little effect on the platform itself and only potentially hurt us, socially and economically.

“A proactive approach must be taken such as spreading awareness among law enforcement officers and the public of the new framework so everyone knows their rights as well as what social media platforms can get away with.

“Instead of direct intervention, the government should push for collaboration with social media platforms, which would not only generate increased good will but also make it easier for potential future cooperation,” he said.

https://www.thestar.com.my/news/nation/2024/08/02/experts-want-oversight-transparency-for-new-social-media-law