KUALA LUMPUR, July 29 — Article 19 and the Centre for Independent Journalism (CIJ) today expressed deep concern over the government’s plan to introduce a new regulatory framework for social media companies.

The groups emphasised that such measures could threaten Malaysia’s democratic values, highlighting CMA Section 3(3), which states, "nothing in the CMA shall be construed as permitting the censorship of the internet.”

"This development is seen as a direct attempt to exert control over social media platforms, which could have far-reaching implications for freedom of expression, as guaranteed in the Federal Constitution in Malaysia,” Article 19 and CIJ wrote in a statement here.

The framework, set to be introduced on August 1, 2024, and enforced from January 1, 2025, will require social media companies to obtain licences under the Communications and Multimedia Act (CMA) 1998.

Civil society organisations (CSOs), including Article 19 and CIJ, have advised the government against hasty decision-making on this matter.

"We have expressed our concerns to the government regarding the potential imposition of licensing on social media platforms to moderate harmful content,” they said.

On June 27, 2024, the CSOs issued a letter to Prime Minister Datuk Seri Anwar Ibrahim urging increased collaboration and consultation with civil society organisations and relevant stakeholders, stressing the importance of inclusive and transparent processes in shaping social media policies.

Article 19 and CIJ said that the licensing system for network and application services faces significant challenges due to difficulties in anticipating future needs and a lack of independent oversight, adding that this creates uncertainties for social media platforms.

They said platforms may need to meet specific regulatory requirements and adhere to standards set by regulatory authorities, potentially leading to more compliance and removal requests from the government.

The lack of transparency in the compliance process gives large platforms more power to police online content, affecting public debate and the free flow of information, they added.

Article 19 has warned that some CMA provisions are problematic and not in line with international human rights standards, saying that Sections 211 and 233 of the CMA should be repealed due to their expansive scope and vague interpretation.

While Article 19 and CIJ understand the government’s intent to hold social media platforms accountable for online abuse, hate speech, and other problematic content, they urged the government to enhance community standards and guidelines to meet international human rights standards.

Other recommendations from them included:

• Implementing content moderation and removal policies that are effective, timely and conducted transparently without biases.
• Social media platforms investing in adequate human and language detection resources beyond automated flagging or artificial intelligence (AI) use.
• Government adopting innovative means of holding these platforms accountable, considering the rapidly evolving technology and global reach of these platforms and ensure meaningful protection of public rights without infringing on users’ freedom of expression.