108
Dictating the Internet:
“providing content which is indecent, obscene, false, menacing, or offensive
in character with intent to annoy, abuse, threaten or harass any person”.399
Section 263(2) of the CMA, under the heading of “National Interest
Matters”, provides that “(every) licensee shall, upon written request by the
(MCMC) or any other authority, assist the Commission or other authority
as far as reasonably necessary in preventing the commission or attempted
commission of an offence” under the domestic laws of Malaysia, “including,
but not limited to, … preservation of national security”.400
In September 2018, the Communications and Multimedia Minister
announced that the government would look into amending provisions such
as sections 211 and 233 to “ensure there is no political persecution (and) no
abuse, to ensure that there is fairness and… ultimately… to regulate multimedia
fairly”.401 In August 2019, however, the MCMC set up a WhatsApp hotline for
members of the public to submit screenshots of social media posts deemed
“inappropriate or negative” with respect to “race, religion and royalty” –
raising concerns that even as this measure could be effective in the short
run to prevent proliferation of hate speech online, it could result in policing
of expression online by not only the government but also members of the
general public.402 The setting up of this hotline further raises concerns that
the trend of increased surveillance and policing of cyberspace in Malaysia
may continue to the detriment of free expression online.403
399 CMA, sections 211, 233.
400 CMA, section 263(2).
401 Bernama, ‘Gobind: Communications and Multimedia Act to be amended’, The Star Online, 4
September 2018, Available at: https://www.thestar.com.my/news/nation/2018/09/04/gobindcommunications-and-multimedia-act-to-be-amended/
402 Shazwan Mustafa Kamal, ‘Where is our democracy? MCMC complaint hotline means we still need
policing, says Umno senator’, Malay Mail, 18 August 2019, Available at: https://www.malaymail.
com/news/malaysia/2019/08/18/where-is-our-democracy-mcmc-complaint-hotline-means-westill-need-policing/1781742
403 The Malaysian Police have noted that the force ‘constantly monitors’ social media. See Malay Mail,
‘Cops tracking down social media users who claimed to have witnessed Sungai Besi road rage
incident’, 13 August 2019, Available at: https://www.malaymail.com/news/malaysia/2019/08/13/
cops-tracking-down-social-media-users-who-claimed-to-have-witnessed-sungai/1780335; Syed
Jaymal Zahiid, ‘IGP: Get rid of me and 126,000 cops will watch Twitter’, Malay Mail, 25 March
2015, Available at: https://www.malaymail.com/news/malaysia/2015/03/25/igp-get-rid-of-meand-126000-cops-will-watch-twitter/866283