KUALA LUMPUR: The Online Safety Bill which seeks to regulate harmful online content has been tabled for the first reading in the Dewan Rakyat yesterday.
The Bill, tabled by Minister in the Prime Minister’s Department’s (Law and Institutional Reforms) Datuk Seri Azalina Othman Said, covers the setting up of an online safety committee and a tribunal.
It also covers the duties of licensed service providers and content application service providers, reporting of harmful content and enforcement.
“Harmful content” here refers to content on child sexual abuse material, financial fraud, obscene content including content that may give rise to disgust due to lewd depictions that offend decency and modesty, and indecent content that is profane in nature, improper and against generally accepted behaviour or culture.
Other material considered harmful under the Bill includes those causing harassment, distress, fear or alarm using threatening, abusive or insulting words or actions; any incitement to violence or terrorism; communication or act; inducing a child to inflict self-harm; promoting feelings of ill will or hostility among the public or disturbing public tranquillity; and promoting the use or sale of dangerous drugs.
The Online Safety Appeal Tribunal on the other hand can review any written instructions, directive, determination and review on non-compliance made by MCMC.
This tribunal will be chaired by a High Court judge and two other members who have expertise in the field of communications and multimedia, engineering, law, economics or commerce or public administration.
As for enforcement, the proposed law authorises officers who are civil servants to investigate cases of non-compliance while a search and seizure warrant can be issued on premises or a person if a Magistrate allows.
These search and seizure warrant can include book, account, documents, computerised data, signboard, card, letter, pamphlet, leaflet or notice, equipment or devices that are believed to be linked to an offence.
“An authorised officer making a search on a person under subsection (3) may seize, or take possession of, and place in safe custody all things, other than the necessary clothing, found upon the person, and any other things, for which there is reason to believe that they are the instruments or evidence of the crime, and in so far as the search is for the investigation of an offence, all such things may be detained until the discharge or acquittal of the person,” the bill read.
“Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency,” it added.
The Bill also deals with the release of thing seized, power to require a person who is acquainted to a case to be present and examination of the individual, forfeiture of items seized and admissibility of statement as evidence.
