ASEAN Regional Coalition to #StopDigitalDictatorship
with 47.15% of them. In 2022, between January and
the initial half of 2023, TikTok received 340 requests
June, it received 27 requests and complied with 47.9%
from the Malaysian government to remove or restrict
of them. The second half of 2022 is characterised
access to specific content, affecting approximately
by 36 requests, with one additional request for the
890 posts and accounts, with the platform taking
first half of 2023.
action against 815 of them due to violations of local
94
In 2020, Tik Tok received 547 requests, 4156 in 2021,
5009 in 2022, and 4,083 requests in the first six months
of 2023 (January to June).95 More specifically, during
laws or its community guidelines.96 According to data
from the Surfshark website, Malaysia has had a total
of 1,208 account requests from Apple, Google, Meta,
and Microsoft between 2013 and 2021.97
PANDEMIC POLITICS: COVID-19
IMPACT ON ONLINE ACTIVITIES
The Government has used the COVID-19 pandemic as an
opportunity to silence critics and adopt new repressive
laws criminalising speech. In March 2021, the Emergency
(Essential Powers) (No. 2) Ordinance98 was adopted,
which establishes several criminal offences related
to “fake news” about the pandemic, raising concerns
about freedom of expression in Malaysia. The Ordinance
follows the structure of the 2018 Anti-Fake News Act
which had been repealed in 2019, and many provisions
are identical to those in the Act. It subjects anyone
who creates, publishes, distributes, or disseminates
“fake news,” “with intent to cause, or which is likely to
cause fear or alarm to the public, or to any section of
the public” to a RM 100,000 fine, three years of jail, or
both. There has been a steady stream of arrests and
detention for online speech, many of them conducted
without a warrant, including for social media criticism
of government policies related to insufficient screening
procedures or a lack of government preparedness.
Additionally, internet service providers (ISPs) and digital
platforms have been compelled by the authorities to
facilitate censorship and surveillance or otherwise face
harsh penalties. For instance, in the first half of 2020,
Twitter restricted access to 190 items pertaining to
COVID-19 misinformation, following the government’s
requests.99 The state of emergency lasted until Aug.
1, 2021.100
While the government claimed that the Ordinance is
imperative for combating disinformation about the
166
COVID-19 pandemic,101 it fails to establish a standard
for what constitutes falseness, rendering it prone to
misuse. In December 2021, the Senate approved a motion
to revoke a string of Emergency Ordinances, including
the Emergency (Essential Powers) (No. 2) Ordinance. 102
A report by Amnesty International shows that Malaysia’s
crackdown on human rights defenders, journalists,
opposition members, and activists has continued
through the COVID-19 pandemic and the resulting
state of emergency in 2021.103 In May 2020, Tashny
Sukumaran, a South China Morning Post correspondent,
was questioned and summoned to a police station in
Kuala Lumpur after co-writing an online article about
raids targeting migrants and refugees during the
pandemic. She is being investigated under Section 504
of the Penal Code, for “intentional insult with intent to
provoke a breach of the peace,” and under Section 233
of the CMA.104
In July 2021, the Malaysian police summoned for
questioning Boo-Su Lyn, Editor-in-Chief of healthcare
news outlet CodeBlue and socio-political activist, after
she published an article about a COVID-19 outbreak at
a local vaccination centre.105 In February 2022, graphic
designer Fahmi Reza was charged under Section 233 of
the Communications and Multimedia Act after he made
a satirical post about the Minister’s decision to shorten
the quarantine period for Cabinet ministers returning
from official visits abroad.106
Dawn of Digital Dictatorship: Weaponizing the Law Against Online Speech in Southeast Asia