The Coalition for Clean and Fair Elections (Bersih) has expressed concern following the government’s announcement to require social media platform and internet messaging services with at least eight million registered users in the country to apply for a “class licence for application service provision” under the Communications and Multimedia Act 1998 (CMA).
The government’s justification for this action is to curb online fraud, cyber-bullying and the dissemination of child sexual exploitation materials, as well as sexual harassment and assault.
Through this licensing, enforcement will also include provisions for a ‘kill switch’ protocol, placing responsibility on social media service providers and internet messaging service providers.
However, Bersih emphasises that this new law could lead to abuse of power and disproportionate actions by the authorities, potentially denying justice to social media service and internet messaging service providers, and ultimately stifling freedom of speech.
The government has previously tended to use draconian acts such as the Printing Presses and Publications Act 1984, particularly Section 8A, and the CMA, particularly Sections 211 and 233, as political weapons to investigate and silence critics of the government, including those currently in power.
Punitive laws, such as these acts, combined with new legislation for licensing social media platforms, have great potential to be misused as a legal framework to restrict freedom of speech and expression for the public.
Bersih supports the proposals from the Centre for Independent Journalism (CIJ) and Article 19, which suggest that the government should halt the decision to enforce social media platform licensing, which appears hasty.
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Bersih also agrees with the CIJ and Article 19’s proposal to establish a meaningful and functional social media council to encourage and gather views from stakeholders, rather than merely appearing to ‘listen’ to civil society recommendations.
This includes the establishment of an independent committee to examine the root causes of cyber-bullying and other abuses of social media platforms and subsequently to evaluate a more inclusive regulatory framework that could also be considered by the government.
Bersih emphasises that any process of forming this new law must be based on the principles of transparency, fairness, accountability, inclusivity and respect for the fundamental rights of the people. – Bersih
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