Introduction
The purpose of this literature review is to explore the complex issue of regulating online speech in Malaysia and its implications on communication-related public policy. With the proliferation of digital communication platforms, the Malaysian government has faced increasing challenges in balancing freedom of expression and responsible communication in the digital age. This review provides a comprehensive examination of the legal aspects, themes, and discussions related to online speech in Malaysia.
Background of the Selected Issue:
There has been a considerable increase in internet users since Malaysia transitioned digitally. Most are involved in online engagements such as social media use, blogging and creating other related content. The internet also became a space where Malaysians expressed different views, championed social change and debated political and social issues.
Nevertheless, the recent digital liberation was also accompanied by some new challenges. Also, there was an increase in toxic content such as hate speech, disinformation and defamatory materials. Trolling and cyberbullying spread through online platforms thus negatively affecting individuals and communities. This new communication challenged the government to harmonize it with the prevailing legislation and public policy (Daud & Zulhuda, 2020).
The 2011 amendment to the Communications and Multimedia Act 1998 is one crucial thing that shed light on this matter. This amendment provided for greater control by the government on online material and more robust actions against people and companies found to violate the act. This has created an enormous debate around the limitations of freedom of speech and government interference with safety and privacy while online (Santuraki, 2019).
According to Santuraki (2019), the speed at which misinformation and disinformation are circulated, especially during times of political strife and epidemics, makes clear why internet regulation is imperative. While it supported the government in its effort to contain fake news and hate speech, others questioned whether these actions curtailed personal freedom.
Social networking sites like Facebook and Twitter significantly impact how people define public opinion and what information they receive. Malaysia, like many other countries in the world, uses Facebook, Twitter, Instagram, and other such platforms, which have become great players in the country’s communication landscape. The government has called upon these platforms to mitigate the spread of unhealthy content; also, they are required to follow the set policies. These discussions are essential to the debate, as they help understand the matter (Cheong, 2021).
Secondly, as concerns, online speech regulation in Malaysia is not independent. The data privacy law is part of the global discussion on regulating digital communication, including cybersecurity and social media. Understanding the peculiarities of Malaysia’s socio-cultural, economic, and political environment is essential in designing successful policies on the topics above (Islam & Anzum, 2019).
Analysis and Discussion:
Freedom of Expression vs. Regulation:
The central theme in Malaysia’s discussion of online speech regulations relates to the clash between freedom of expression and regulation. Freedom of speech is enshrined in the Malaysian constitution; however, as the online space has grown more expansive, concerns have arisen about its acceptable usage. Critics, however, assert that such harsh restrictions undermine this fundamental right and should, therefore, be avoided as many harmful things could be passed with such strict rules. It is hard to balance allowing freedom of speech and curtailing destructive online behaviour ((Islam & Anzum, 2019).
Online speech issues in Malaysia have been addressed through legal tools. The rules enable authorities to prosecute people and organizations which conduct prohibited or harmful activities in cyberspace. Nonetheless, several critics have raised concerns that the law gives the government too much authority to squash dissent voices (Santuraki, 2019).
Misinformation and Disinformation:
Malaysia is not an exemption, but like other countries in this digital era, there are increased cases of misinformation and disinformation. The spread of false information concerning virus origin, transmission, or cure during the COVID-19 pandemic was fast on social media platforms. The government responded by stopping this dissemination of erroneous information for a safe society. This brought the need for well-thought-out measures on the spread of misleading information in an era of digitization (Daud & Zulhuda, 2020).
There are measures like removal of content, fact-checking and mass education that attempt to fight misinformation and disinformation. On the other hand, there are concerns about the effectiveness of these measures and the possibility of exceeding the line. Social media platforms play an essential role in this regard. Despite having strategies to identify and delete untrue information, issues revolve around their responsibility and clarity.
Hate Speech and Cyberbullying:
Cyberbullying and hate speech have been gaining much importance in Malaysia. Individuals have been able to spew obscene or hateful utterances since they can operate with impunity via anonymous profiles on such internet-based platforms. However, the government has responded, and legal provisions have been made for people to take action against those involved in hate speeches and cyberbullying (Pielemeier, 2020).
However, the efficiency of any such measures is a matter of controversy. The definition of hate speech has generated a lot of debate, along with worries that it can be abused and about achieving a balance between protection and censorship. Moreover, there is an increasing demand for educational programs addressing cyber literacy and the appropriate use of cyberspace (Islam & Anzum, 2019).
Role of Social Media Platforms:
Social media platforms are pivotal in shaping public opinion and information dissemination in Malaysia. Their response to government requests for content removal and their commitment to self-regulation are essential elements in the online speech regulation debate. The government’s cooperation with these platforms to curb harmful content raises questions about the extent to which they should be held accountable (Islam & Anzum, 2019).
Discussions regarding the role of these platforms often connect with global debates on their influence and responsibility. As international companies, their actions can have a considerable impact on local communication and public policy. Balancing their commercial interests with societal concerns is a complex and evolving aspect of the debate (Pielemeier, 2020).
Cultural and Political Context:
Malaysia’s unique cultural, social, and political context plays a significant role in shaping the discourse on online speech regulation. The nation’s multicultural and multilingual society brings its complexities to the issue. The digital space reflects this diversity, with discussions conducted in multiple languages, each with nuances (Daud & Zulhuda, 2020).
Additionally, Malaysian politics also contributes to additional challenges. How online speech regulation is perceived and implemented is determined by the relationship between the government, opposition parties, and civil society organizations. Using online platforms as tools for political mobilization and activism adds another dimension to the issue (Santuraki, 2019).
International and Comparative Perspective:
Understanding Malaysia’s approach to online speech regulation requires examining it in the context of global discussions on digital communication. Many countries face similar challenges related to data privacy, cyber threats, and the impact of social media on public discourse. Analyzing Malaysia’s approach compared to other nations provides insights into potential best practices and pitfalls (Pielemeier, 2020).
Summary
This literature review addresses the multifaceted issue of regulating online speech in Malaysia. It discusses the legal aspects, themes, and implications of communication-related public policy. The need to balance free expression and responsible communication is a central challenge, and Malaysia’s approach to this issue is explored in the context of the digital age. The review also highlights the global relevance of these discussions in shaping online communication policies.
References
Daud, M., & Zulhuda, S. (2020). REGULATING THE SPREAD OF FALSE CONTENT ONLINE IN MALAYSIA: ISSUES, CHALLENGES AND THE WAY FORWARD. International Journal of Business & Society, 21. http://www.ijbs.unimas.my/images/repository/pdf/Vol21-S1-paper3.pdf
Islam, M. Z., & Anzum, R. (2019). Internet governance: present situation of Bangladesh and Malaysia. International Journal of Recent Technology and Engineering, 7, 176-180. https://www.researchgate.net/profile/Md-Zahidul-Islam/publication/333447413_Internet_governance_present_situation_of_Bangladesh_and_Malaysia/links/5e8f09864585150839cae3df/Internet-governance-present-situation-of-Bangladesh-and-Malaysia.pdf
Pielemeier, J. (2020). Disentangling disinformation: What makes regulating disinformation so tricky? Utah L. Rev., 917. https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/utahlr2020§ion=28
Santuraki, S. U. (2019). Trends in the Regulation of Hate Speech and Fake News: A Threat to Free Speech?. Hasanuddin Law Review, 5(2), 140-158. http://pasca.unhas.ac.id/ojs/index.php/halrev/article/view/1625
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