MCMC’s 3R reporting channel – good or bad?

Recently, the Malaysian Communications and Multimedia Commission (MCMC) issued a press statement calling for the public to report to the Commission incidents or content with elements of ‘3R (Race, Religion and Royalty) on social media to a dedicated WhatsApp line or email address.

The reaction towards MCMC’s press statement was mixed. Many expressed reservations, citing concerns that we are becoming a ‘nanny state’, as well as privacy concerns. Some argue that MCMC is promoting a ‘reporting culture’.

From a perusal of MCMC’s statement, it would appear that the reports that can be made pertain to postings or messages with elements of 3R. Unlike previous MCMC statements in the ‘old’ Malaysia, they do not concern those who ‘insult’ public figures, such as the works of Zunar and Fahmi Reza, or those who criticise the Government.

Hate speech online is becoming rampant. I have come across messages or postings which incite hate of others on my various WhatsApp groups, or various social media channels.

Recent examples include messages about a ‘declaration of war’, about how other races are anti-Islam and anti-Malay and about how non-Muslims should be ‘taught a lesson’. Many harken back to the racial riots of 13 May 1969. I shudder when I read some these content.

I have reported one particularly inflammatory message to the MCMC WhatsApp line. I was requested to provide more details regarding the message, and upon doing so, received an acknowledgement from the handler.

Freedom of speech and expression is a fundamental liberty protected by the Federal Constitution. It is also a basic human right. But freedom of speech and expression can be restricted when it comes to hate speech, for example. Article 20 of the International Covenant on Civil and Political Rights (ICCPR) provides that any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.

Even in international human rights law, hate speech is a justifiable restriction on freedom of speech and expression.

Yet at the same time, some of the concerns expressed in relation to MCMC’s press statement are warranted and legitimate. The threshold for investigations and arrests by MCMC for reports lodged by members of the public must be high.

We do not want a situation where arrests are made frequently as a result of these reports. MCMC must come up with clear guidelines on what sort of instances will trigger investigations and subsequently, arrests. The Commission must be able to sift through the reports to ensure that only genuine instances of hate speech are acted upon.

The Government must also amend Section 233 of the Communications and Multimedia Act. As it stands, the section is too wide and it criminalises ‘offensive’ content online, without defining what is offensive. The section should only criminalise hate speech, harassment, threat and incitement to violence, and not merely ‘offensive’ content.

This is to prevent the law being abused, as we have seen before where those who criticise the Government are arrested and charged in Court under the Section. Such abuses can never be justified.

The Government must ensure that our laws strike the balance between allowing freedom of speech and expression, and the need to preserve the unity and harmony within the country.

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SYAHREDZAN JOHAN is a civil liberties lawyer and political secretary to Iskandar Puteri MP Lim Kit Siang. - Mkini