Last Friday, 22 November, the Cabinet of Malaysia approved plans proposed by Deputy Communications Minister Teo Nie Ching to amend the Communications and Multimedia Act 1998 (CMA) to grant law enforcement agencies the authority to compel social media platforms to disclose user data upon request in an effort to investigate the spread of false information and others.
According to the Deputy Minister, the proposed amendment would allow police officers to directly request data from platform providers to help law enforcers streamline investigations. The proposal leaves open serious questions about the right to privacy and due process, as required under international law. The proposal is set to be tabled in the Dewan Rakyat (Parliament) in December. ARTICLE 19 and Centre for Independent Journalism (CIJ) are deeply concerned by the recent trend of government overreach of powers affecting internet freedom through legal amendments. We acknowledge the challenges to the information ecosystem in Malaysia and understand that the government wants to tackle problematic content online, including online abuse and harassment or hateful and inciting content. However, we believe the government’s approach will do more harm than good.
ARTICLE 19, CIJ and its partners have continuously urged the government not to charge forward in creating laws and provisions to restrict online expression. The Malaysian government’s simultaneous push for multiple initiatives to increase social media regulation and Internet governance —including amendments to the Communications and Multimedia Act (CMA), the implementation of a social media licensing regime, the Online Safety Bill, the proposed penal code amendments to add cyberbullying offenses raises significant concerns about overreach which could violate the public’s right to privacy and freedom of expression.
In July, the government announced that social media companies would be required to obtain licences under the CMA when the new regulatory framework comes into force on 1 January 2025. In April, Malaysia passed the Cybersecurity Bill which ARTICLE 19 found in its analysis, poses threats to the right to freedom of expression online as well as to media organisations,. In 2021, Malaysia imposed the Fake News Ordinance, which ARTICLE 19, CIJ and others condemned at the time for significantly threatening freedom of expression. It was later not renewed.
“These legal additions that target internet freedom, altogether is a significant overreach with no independent entity that is able to hold these enforcers accountable,” said Senior Malaysia Program Officer Nalini Elumalai. “Collectively, these laws threaten to turn the country into a surveillance state, where privacy is eroded, and expression is stifled under the guise of online safety, security and public order. The broad and vague powers being granted to authorities will inevitably lead to disproportionate penalties and chilling effects on free speech, creating a climate of fear where dissent is criminalised, and people are constantly watched. This is not reform or regulation; this is control.”
These developments collectively represent an unprecedented expansion of state power over digital platforms, increasing the risk of censorship and infringing on privacy and free expression. While each bill may be framed as a solution to specific challenges like ‘fake news’, online harassment, and cybercrime, their cumulative effect could result in a regulatory environment that stifles speech, overburdens social media companies with compliance and liability, and creates avenues for political and state surveillance. As the government seeks to tighten control over online spaces, it is essential that these laws undergo rigorous scrutiny to ensure they do not undermine human rights. It is already apparent that they do not comply with international standards that require any possible restrictions on the freedom of expression to adhere to the three-part test of legality, legitimacy, and necessity and proportionality.
Echoing the views expressed by the former UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Wathshlah Naidu, Executive Director of CIJ added that, “Censorship must not be outsourced to private companies, nor should governments use intermediaries as instruments of control. Restrictions on expression should only occur through orders made by an independent and impartial judiciary, ensuring they are grounded in due process, legality, and the principles of necessity and proportionality. The government must stop any amendments to CMA immediately and hold meaningful consultations with CSOs.”
ARTICLE 19 and CIJ call for the Madani government to adhere to their promises made to build a nation whereby freedom of expression is upheld through the repeal of arbitrary draconian laws. We hope this can be done for the people.
For more information
Nalini Elumalai, Senior Malaysia Programme Officer [email protected].