unidentifiable non-state actors, there are cases
such as that of Khalid Ismath, in which the report
against him was made by an individual who serves
in the Royal Palace.92
Until the recent case of an arrest for online
threats against Siti Kassim,93 a prominent human
rights lawyer and activist, internet users were largely allowed to threaten activists and other internet
users with impunity. Comments calling for individuals like women human rights defenders (WHRDs)
to be raped, killed or subjected to acid attacks94
were common, with no actions taken against those
issuing the threats. In some cases, the threat goes
beyond social media posts in the public sphere and
extends to private messages sent to HRDs. In the
run-up to the Bersih 5 rally in 2016, several individuals affiliated with Bersih were sent a series of
images based on a video of an execution by the socalled Islamic State.95
Without a substantial change to the status quo
relating to WHRDs, they will constantly be subjected to this additional element of danger and threats
from non-state actors due to their gender, on top of
the criminalisation of freedom of expression by the
state.
It is noted that the Royal Malaysian Police is
seemingly altering its stance on the matter and
investigating reports made by activists regarding
online comments that threaten their personal safety. It remains to be seen whether the initial actions
of arresting individuals making death threats online
will be followed by legal actions and sanctions.
Beyond the threats made against activists or
other individuals, targeted attacks against communities are growing more common in Malaysia. One
example would be the attacks faced by Sisters in
Islam, such as frequent blog posts that demonise
them or classify them as deviants.96 Other common
forms of attack are those faced by LGBTIQ activists.
92 An office that traditionally does not have any executive power but
exercises substantial influence on selected matters.
93 Zack, J. (2017, 26 July). Cops arrest man who
threatened to behead Kasim. The Star Online.
www.thestar.com.my/news/nation/2017/07/26/
cops-arrest-man-who-threatened-to-behead-siti-kasim
94 Malay Mail Online. (2017, 24 July). Lawyer Siti Kasim says getting
death, rape threats. Malay Mail Online. www.themalaymailonline.
com/malaysia/article/lawyer-siti-kasim-says-getting-death-rapethreats#x5TUO9oezOyZmI8J.97
95 Alhadjri, A. (2016, 18 October). Maria Chin, Ambiga to lodge report
over death threat, say image is ‘too much’. Malaysia Kini. www.
malaysiakini.com/news/359435
96 Searches on the subject of Sisters in Islam and alleged deviant
practices would usually result in several blog posts condemning
the NGO as deviants in line with the claims of state religious
authorities. For example: https://al-faedah.blogspot.my/2014/11/
siapa-sis-sisters-in-islam.html; https://al-faedah.blogspot.
my/2014/11/siapa-sis-sisters-in-islam.html
Recent examples include the online witch-hunt
against the organiser of a pride event in May 2017.
An individual perceived as the organiser had his
photo shared on a website that was notorious for
demonising LGBTIQ communities.97
Another activist who has in the past spoken up
against the attacks against and demonisation of
LGBTIQ activists also had his information listed publicly on the website, which resulted in individuals
approaching his family home and threatening his
personal safety. Due to the threats posed against
him, the activist was forced to temporarily relocate
out of fear for his own safety.
Apart from attacks against known or perceived
activists, other individuals are also often exposed
to online violence. In March 2017, a teenage girl
was attacked online for a sign she had carried in
a march, expressing her aspiration to become the
first woman prime minister of Malaysia.98
Unfortunately, there is a trend of cyberbullying
and online violence that is growing in Malaysia,
with little to no criminal action taken against perpetrators. The predicament faced at this juncture is a
curious one, as Section 233 of the Communications
and Multimedia Act 1998 was initially implemented
to prevent and criminalise such behaviours, but has
not been utilised in a manner conducive to reducing
and mitigating cyberbullying and online violence.
Future violations through draft laws
At the time of writing in August 2017, there were
two known laws affecting freedom of expression
in Malaysia. Amendments to the Sedition Act 1948
were passed and gazetted in June 2015. Fortunately, the amendments are not yet in force, despite
having appeared in the Federal Gazette.99 While
there has been no resistance or challenges against
the legitimacy of applying the Sedition Act 1948
online, the amendments included the addition of
the term “by electronic means” among other additions to the law, such as as heavier penalties and
an alteration of the definition of “seditious” statements under the Act.
On finer inspection, the Sedition Act 1948 now
criminalises propagation of a seditious comment
or causing a seditious comment to be published as
an offence. Furthermore, in the event where a seditious comment is published through electronic
97 Menara.my. (2017, 13 June). Iftar GAY terbesar
Malaysia – Numan Afifi. Menara.my. www.menara.my/
iftar-gay-terbesar-malaysia-numan-afifi
98 Joint Action Group for Gender Equality (JAG). (2017, 15 March).
JAG condemns online attack on #WomensMarchKL. Malaysia Kini.
https://m.malaysiakini.com/letters/375734
99 A1485, 4 June 2015.
MALAYSIA / 93