New Social Media License Rules Raise Free Speech Concerns

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New Social Media License Rules Raise Free Speech Concerns

Malaysia, Kuala Lumpur: ARTICLE 19 and the Centre for Independent Journalism (CIJ) have expressed serious concerns over the Malaysian government's new regulatory framework requiring social media companies to obtain licenses under the Communications and Multimedia Act (CMA) 1998. This framework, set to be introduced on August 1, 2024, and enforced from January 1, 2025, is perceived as an effort to control social media platforms, potentially threatening the freedom of expression guaranteed in Malaysia's Federal Constitution. Civil society organizations (CSOs), including ARTICLE 19 and CIJ, have warned the government about the risks of imposing such regulations hastily and emphasized the need for thorough consideration of implications and stakeholder involvement.

The licensing system faces significant challenges due to a lack of clear guidelines and independent oversight, creating uncertainties for social media platforms. This could lead to increased compliance with government removal requests, undermining effective and timely content moderation. ARTICLE 19 has highlighted problematic provisions within the CMA, such as Sections 211 and 233, which have been misused to restrict freedom of expression and do not align with international human rights standards. The organization calls for these sections to be repealed to prevent vague interpretations and abuse.

To address these issues, ARTICLE 19 and CIJ recommend the government enhance collaboration with CSOs and other stakeholders, establish a multi-stakeholder independent regulatory framework, and set up an independent committee to tackle the root causes of online hate speech and cyberbullying. They stress the importance of transparency, accountability, and protecting human rights in any regulatory framework for social media platforms. The government should also focus on educational programs to build digital literacy and combat harmful content effectively.

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