ASEAN Regional Coalition to #StopDigitalDictatorship
#PeoplePower | How Are People Resisting #DigitalDictatorship?
Courage Under Fire: Nik Elin’s Battle Against
Syariah Laws & Misinformation
The case of Lawyer Nik Elin Zurina is a prime example
of people power. In 2022, together with her daughter
Tengku Yasmin, they constitutionally challenged the
2019 enactment of some Islamic Syariah Criminal
law provisions by the Kelantan State Legislature,
eliciting strong reactions from conservative rightwing groups. Despite the Federal Court establishing
the constitutionality of her case, these groups claim
that contesting such Syariah provisions threatens
the position of Islam and the Syariah courts in
Malaysia. Nik Elin, in response, has become a target
of extensive misinformation, online gender-based
violence, including threats to her
life.85 On 9 February 2024, two years
after the start of the legal process, Nik
Elin and Yasmin won the case with a
majority 8-1 ruling that the Kelantan
state government did not have the power
to enact Syariah Criminal Code provisions that are
already covered by the jurisdiction of the federal
parliament.86 This monumental ruling does not only
impact other conservative state legislations, but it
also paves the way towards a more progressive and
democratic Malaysia.
Similarly, the Center for Independent Journalism (CIJ)
In 2020, Meta received 398 restriction requests, and
reported rising trends of hostility against migrant
269 in 2021, both for Facebook and Instagram. From
and refugee communities. Ustaz Sophian Mohd
January to June 2022, 80 items were reported on the
Zain, an Islamic religious leader perpetuates this
two social media platforms, out of which 66 were
through documenting his harassment, verbal abuse
subsequently restricted, including 19 items which
and doxxing by revealing personal information and
contained misinformation, having allegedly violated
last known locations through his TIkTok platforms
Section 505(b) of the Penal Code. The second half
against the community. CIJ’s social media monitoring
of 2022 was composed of 59 requests. For the
also noted that user generated comments from these
first half of 2023, there were 59 requests.91 In June
platforms tend to steer towards hostile language
2023, MCMC announced that it will take legal action
and calls for the erasure of migrant and refugee
against Meta for failing to remove “undesirable
communities.
content” from Facebook. The content is related to
87
Government Requests to Remove or
Restrict Content or Accounts
In 2020, Twitter received 194 requests to remove
content and complied with 59.2% of them. In 2021,
there were 221 removal requests and a 27.6%
compliance rate.88 In February 2022, Twitter suspended
a pseudonymous account called Edisi Siasat (also
Edisi Khas) for allegedly violating its terms of service.89
The account was investigated by the government
several times for reporting on corruption and abuse
of power involving government officials.90
Malaysia
defamation, impersonation, online gambling, scam
advertisements, and the 3Rs.92 Between July 2022
and June 2023, Meta addressed requests from the
Malaysian communications regulator and various
government entities by placing restrictions on more
than 3,500 items.93 These encompassed content
critical of the government and posts allegedly violating
laws related to illegal gambling, hate speech, racial
or religious division, bullying, and financial scams,
according to Meta’s report. Google reported 42
requests throughout 2020, complying with 40.4% of
them. In 2021, it received 80 requests and complied
165