By Danial Dzulkifly
SHAH ALAM, August 15 — The proposal by the Federal government to license social media platforms, especially those with over eight million users, is an essential step towards reinforcing legislation against online crimes and illegal activities, according to advocate and solicitor Alex Anton Netto.
He said that while it is important to implement the proposed legislation, the process must include comprehensive engagement with the Attorney-General’s Chambers (AGC), the Malaysian Bar Council, and other relevant stakeholders.
Netto believes that licensing social media platforms is both timely and appropriate.
Drawing a comparison to the Printing Presses and Publications Act of 1984, he pointed out that the mechanisms to regulate or license such platforms have been in place for some time.
“In summary, I would say, just license it, do it. Why? Because the concept of licensing has always existed. Even before the advent of social media, we had the written press, newspapers, and physical copies, all regulated by the Printing Presses and Publications Act, which issued the necessary licences.
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Advocate and solicitor Alex Anton Netto speaking as a guest on the Selangor Journal’s talk show Lunch on Us!, on August 15, 2024.[/caption]
“That was how it was controlled. But even with strict licensing for the press, we still encountered issues like defamation in written form. If you look at our courts, you will find many landmark cases from that time dealing with defamation in the press.
“Despite all the strict licensing and regulation, people still crossed the line, and defamation cases continued to rise in courts,” Netto said during Selangor Journal’s talk show Lunch on Us! today.
Turning to social media, he acknowledged the current concerns about the supposed heavy handed approach by the government to license social media platforms leading to belief of increased surveillance and the fear of a ‘Big Brother’ presence, which has unsettled many.
“Now, with social media, there is an uproar because it has remained largely unregulated for years. The problem with social media is that it enters our homes, influencing our minds and sense of well-being, all without physically being there.
“So, some form of regulation or licensing is needed. But with this licensing, there must be strict guidelines in place to determine in what situations intervention is justified,” Netto said.
He was speaking as a guest panelist on the show, which discussed the recent cyberbullying cases in Malaysia as well as the government’s proposed legislation to impose a license on social media platforms to combat online crimes and increase security online.
The show also touched on the tragic death of cyberbullying victim Rajeswary Appahu, popularly known as Esha.
Esha, an influencer, died on July 5 shortly after filing a police report regarding threats and defamation directed at her person on social media platforms.
Two people were charged and fined in related to her case, but the quantum of the fine led to further uproar from Malaysians online, many of whom claimed that her perpetrators only received a slap on the wrist.
One of them, Shalini Periasamy, 35, a TikTok user going by the handle @alphaquinnsha pleaded guilty at the Kuala Lumpur Magistrate’s Court on July 16 under Section 14 of the Minor Offences Act 1955 to using vulgar language on TikTok with the intent to incite anger to disrupt peace.
She was fined RM100. Under the Minor Offences Act, Section 14 carries the penalty of a maximum fine of RM100.
In a related case, the sentencing of lorry driver B. Sathiskumar, 44, also linked to Esha’s bullying case, was postponed by the Kuala Lumpur Sessions Court to give him time to find a lawyer.
He pleaded guilty to a charge under Section 233(1)(a) of the Communications and Multimedia Act 1998 for posting offensive comments on his TikTok account “Dulal Brothers 360” with the intent to annoy others.
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Universiti Pertahanan Nasional Malaysia cadet Zulfarhan Osman Zulkarnain pictured with his parents, Zulkarnain Idros and Hawa Osman. — Picture via FACEBOOK[/caption]
Another major bullying cases that caught the attention of fellow Malaysians online is the death of Royal Malaysian Navy cadet officer Zulfarhan Osman Zulkarnain, who was murdered seven years ago.
This comes after on the Court of Appeal imposed the death sentence on six former students of Universiti Pertahanan Nasional Malaysia (UPNM) for Zulfarhan’s death on July 25.
Netto said the government is in the unenviable positon in the wake of such cases, highlighting the necessities of proper regulations.
“I suppose the government is in a very unenviable position right now. If they do not take action, especially after incidents like Zulfarhan and with Esha still fresh in people’s minds, they will face backlash.
“People will ask ‘what are you going to do?’, so, the government, particularly the MCMC (Malaysian Communications and Multimedia Commission), is stuck. The next logical step in any developed society would be to tighten legislation.
“To me, that is the only natural course of action. The government has gone a step further, not just by increasing penalties but also by imposing a license to regulate this,” he said.
However, Netto said this should not be limited to guidelines alone as it can be broken, circumvented, or interpreted in gray areas, adding that the enforcement of the guidelines must be clear.
“Before imposing a kill switch, it is crucial to ensure that these guidelines have been met before taking such drastic action.
“Otherwise, how can we hold them accountable so easily? If one bad apple causes the kill switch to be activated, it impacts everyone else who has been acting responsibly.
“We must remember that many people rely on social media for their businesses and livelihoods. If a kill switch is ever implemented, it must be done in a very calculated manner,” he said.
