PETALING JAYA: When is a comment on social media a cybercrime? When does social commentary cross the line into libel?
These are among the questions that authorities will have to answer before making amendments to laws governing social media platforms, say cybersecurity experts.
Enforcing proposed legal amendments on social media platforms may also be easier said than done.
A better working relationship between the government and social media platforms would be a better idea than hasty amendments to the Communications and Multimedia Act 1998 (Act 588) compelling these platforms to provide data on users, said the experts.
They were responding to a statement by Deputy Communications Minister Teo Nie Ching on Monday that once this new section to the law is passed by the Dewan Rakyat, police will be authorised to demand the data of users from social media platforms.
The government has said such a provision would curb cases of cyberbullying and online scams.
However, Malaysia Cyber Consumer Association president Siraj Jalil said there are still many grey areas that need better definition under Act 588.
“What exactly is the information the authorities will be looking for from social media platforms? Is it only the IP (Internet Protocol) address? What types of cybercrime are we looking at? Define cybercrime so the public knows when not to cross the line. If it is cyberbullying, what types of cyberbullying? Is it slander? Is it scams?
“The worry is that these provisions may be abused by those with political interests,” said the head of the NGO that focuses on educating users about digital technology.
He said the authorities’ claim that such a provision would curb scams needs to be further supported by data.
“We have yet to know the percentage of scams involving Malaysians using local IPs and international IPs. If there are more international IPs, what is the point of such a local provision?
“Also, there are economic consequences. Some 85% to 90% of Malaysians are active on social media, including business people, part-time income earners and content creators.
“A change in the policies will trickle down to the economy optics,” he said.
Cybersecurity consultant Fong Choong Fook said the main challenge would be the issue of compliance by the social media platforms.
“These platforms are giants, they may choose to follow or not to follow. So, there has to be a close mutual collaboration to agree to abide by the guidelines.
“Take the licensing programme. If the social media platforms violate some of the guidelines and the government decides to suspend them, there is actually very little it can do. Is it easy to block WhatsApp from Malaysia? Or Instagram?
“Eventually, the key is not licensing or law, but more on the working relationship between the government and social media platforms,” he said.
“That said, it is a good thing that the government took this initiative to inform the social media platforms that there are guidelines to be followed. There are many scams and much cyberbullying happening on these platforms.”
On July 27, the Malaysian Communications and Multimedia Commission announced that all social media and Internet messaging services with at least eight million registered users in the country must apply for a Class Licence for the Provision of Application Services under the Communications and Multimedia Act 1998.
From Jan 1, the licensing of social media platforms will be enforced.
The latest proposal is to compel platforms such as Tik Tok, Facebook, Instagram and WhatsApp to provide data on users to help combat scams and cyberbullying.
Also in the pipeline is the Online Security Bill to curb criminal activities on social media and to counter fake news.
