Joint Press Statement by the Online Safety Advocacy Group and Civil Society Organisations

Date: 12 December 2024
Title: Malaysia: Passage of the Online Safety Bill a Grave Blow to Freedom of Expression

The Online Safety Advocacy Group (OSAG) and the undersigned civil society organisations strongly condemn the passage of the Online Safety Bill (OSB). The bill was passed after a division was called, with 77 Members of Parliament (MPs) voting in favour and 55 against it, despite the opposition coalition’s request to refer it to the Parliament Special Select Committee (PSSC) for further review.

We recognise the need to hold online service providers and social media platforms accountable. However, the bill lacks transparency and accountability mechanisms and instead grants sweeping powers that severely endanger freedom of expression, particularly under the control of the Malaysian Communication and Multimedia Commission (MCMC).

1. The Absence of an Independent Oversight Body

The MCMC is not independent in law or practice. Yet, the OSB grants it excessive powers to monitor and control online content. The MCMC operates under the direction of the Minister of Communications, further compromising its impartiality. Recent amendments to the Communications and Multimedia Act (CMA) have expanded these powers. Sections 35, 74, 80, and 81 of the OSB grant broad surveillance and enforcement abilities without adequate safeguards. The ability to create subsidiary laws bypasses Parliament’s oversight.

2. Broad and Vague List of “Harmful Content”

The OSB regulates a wide range of “harmful” content listed in the First Schedule [Section 4], including potentially lawful speech. Service providers are required to screen for such content, increasing the risk of removing legitimate expression and enabling government censorship. This undermines user privacy and violates Article 10(1)(a) of the Federal Constitution and Article 19(3) of the International Covenant on Civil and Political Rights (ICCPR), which mandates legal clarity and necessity.

3. Failure to Use a Systems-Based Approach

The Bill prioritises harmful content over systemic reform. Instead of regulating platform architecture and promoting digital literacy, it disproportionately focuses on content moderation, which could encourage surveillance and breach of privacy. A better approach would empower users and require platforms to implement transparent algorithms and human rights protections.

4. Concern Over the Legislative Process

We are deeply concerned about the procedure used to pass the OSB. Pasir Mas MP YB Tuan Haji Ahmad Fadhli bin Shaari moved to refer the Bill to a Select Committee under Standing Order 54(2), which requires no notice, supported by Standing Order 26(1)(j). However, the Speaker invoked discretionary powers under Standing Orders 99 and 100 to require one day’s written notice. This contradicts existing provisions and is unreasonable, especially as the Bill was only made available the day before, limiting thorough review.

Recommendations

To safeguard freedom of expression and align with human rights standards under Article 19 of the UDHR and ICCPR (as endorsed by the UN Special Rapporteur in 2018), we urge the Malaysian government to:

1. Refer the OSB to a Dewan Negara Select Committee for further review and public consultation.
2. Establish an independent Online Safety Commission, free from government influence, to regulate online safety effectively.
3. Align the OSB with international freedom of expression standards, ensuring legal clarity, legitimacy, necessity, and proportionality.

We, the undersigned, stand united in defending freedom of expression, access to information, internet freedom, privacy, and human rights.

Endorsed by:

• Online Safety Advocacy Group (OSAG)
• ARTICLE 19
• Centre for Independent Journalism (CIJ)
• Justice for Sisters (JFS)
• Kemban Kolektif
• Amnesty International Malaysia
• KRYSS Network
• Childline Foundation
• End CSEC Network Malaysia (ECPAT Malaysia)
• CRIB Foundation (Child Rights Innovation & Betterment)
• Women’s Centre for Change (WCC)
• Association of Women Lawyers (AWL)
• Johor Women’s League (JEWEL)
• Sisters in Islam (SIS)
• Sinar Project
• Maha Balakrishnan
• The Talisman Project
• Freedom Film Network
• Suara Rakyat Malaysia (SUARAM)

References:
ARTICLE 19: Malaysia Online Safety Bill
ARTICLE 19: CMA Amendments Joint Statement
UN OHCHR: Legislative Review