The Malaysian Insight

YOU can be the group administrator or just a member of chat groups like WhatsApp but you will be deemed to have broken the law by spreading fake news and sexually explicit content or posting anything malicious and harmful about others.

The Malaysian Communications and Multimedia Commission (MCMC) in a press release today said conversations in any messaging application were considered private and it would only investigate if there were complaints.

“It is stressed that any investigation by MCMC will not differentiate between administrators and group members.

“If anyone in the group is found to be spreading false news, then they can be prosecuted,” the statement said.

MCMC said anyone spreading false news could be charged under Section 233 of the Malaysia Communication and Multimedia Act 1998.

MCMC, however, stated that an administrator of any messaging application would be held accountable based on four considerations:

1) If the administrator comments, requests, suggests or communicates in an obscene, indecent, false, menacing or is offensive with the intent to annoy, abuse, threaten or disturb others.

2) If the administrator solicits a comment from others even though the administrator himself has not commented.

3) If the administrator helps by inciting seditious remarks towards anyone in the group to make members comment seditiously.

4) If the administrator obstructs investigations with regards to the comments by any enforcement agency.

MCMC added that it would consider issuing guidelines for users of messaging applications.

Meanwhile, DAP lawaker Lim Lip Eng told The Malaysian Insight that the move by MCMC was a double-edged sword for the public.

“The pros is that it discourages hateful and racist remarks or conduct within chat groups. People will be more mindful of other people’s feelings.

“The cons is the general trust among the people will become a thing of the past. Anyone can become a snitch. As criminal offences never expire, what you say today may be right but it may come back and bite you later,” Lim said.

He added that enforcement by the MCMC had been a long time coming and it was very easy for someone to report to the authorities.

“All it takes is for someone from the group to screenshot or forward the voice or video recording to the authorities. The complainant will then have to testify in the trial.”

Eric Paulsen from Lawyers for Liberty, however, said MCMC’s move was another attempt by the government to control dissenting voices.

“It is undemocratic and will backfire because it will force other technologies to be invented to circumvent MCMC’s move.

“When it comes to politics, elections, talking about people criticising the government, even mocking political parties, all these are within the realm of free speech,” he said.

Paulsen, however, said people who spread false news and post anything malicious can still be procecuted.

“Of course if there are alarming messages like calling for a bloodbath or mass killing, then that is a criminal offence.

“Regardless what form it comes in, whether Facebook, radio speech, press conferences, even WhatsApp, it is already a criminal offence, it is no longer about freedom of speech or privacy,” he said. – April 28, 2017.