PARLIAMENT | The government is reviewing a proposal to give more power to Section 233 of the Communications and Multimedia Act, which has come to be known among activists as the “Akta Sakit Hati” (Hurt Feelings Act).
Deputy Communications and Digital Minister Teo Nie Ching (Harapan-Kulai) told the Dewan Rakyat this morning a study will be carried out to find better ways to regulate social media platforms.
This is aimed at platforms that pose a danger to the public in terms of spreading fake news and seditious materials.
“The Communications and Digital Ministry is currently reviewing Section 233 to give more power to the Communications and Multimedia Commission (MCMC).
“Among the proposals that we have received so far is to increase the penalty under this Section 233.
“And if we see that a social media platform is posing danger, then we will also study on how we can regulate them,” Teo said when answering a question posed by Mohd Shahar Abdullah (BN-Paya Besar).
Shahar wanted Teo to explain if her ministry is planning to amend the act to better address challenges faced by authorities when dealing with social media accounts that are hosted by platforms operating outside Malaysia.
The query comes as an additional question after Teo told Parliament that MCMC and her ministry have no power to order social media platform providers to take down any account, including fake ones, or surrender the IP (internet protocol) address of its user to the authorities.
Instead, Teo said, the authorities would have to rely on platform providers’ cooperation, and the ministry plans to hold more engagement with them to improve cooperation.
“When there are cases of fake accounts spreading lies or fake news, or conducting scam activities, what the ministry could do is only to send the account details to platform providers like Facebook and TikTok, and request them to take them down.
“MCMC does not have any power to take down the accounts. So we have to seek the cooperation of the platform providers,” she said.
According to Teo, her ministry has also run awareness programmes to educate the public, especially the younger generation, so they would not publish anything seditious or racist.
However, such efforts needed a whole-of-society approach, she added.
Act has been criticised
Section 233 of the Communications and Multimedia Act criminalises the “improper use” of network facilities with the intent of annoying, abusing, or threatening another person.
The law currently allows for a fine of up to RM50,000, a jail term of up to one year, or both, upon conviction.
It has been criticised due to its broad definition and how the authorities may abuse it to arrest critics of powerful people.
Some high-profile cases involving Section 233 include graphic artist Fahmi Reza, who was charged in June 2016 for posting a clown caricature of former prime minister Najib Abdul Razak.
Malaysiakini former editor-in-chief Steven Gan and former CEO Premesh Chandran were also charged under the same section in 2018 for allegedly uploading an offensive video on former attorney-general Mohamed Apandi Ali.
However, they were granted an acquittal by the Kuala Lumpur Sessions Court.
Also in 2016, a teenager was sentenced to one year’s imprisonment under Section 233 after pleading guilty to 14 counts of making insulting comments against Johor Crown Prince Tunku Ismail Sultan Ibrahim. - Mkini
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