The Licensing Framework shows the government’s commitment towards strengthening online safety, enhancing user protection, particularly for children and vulnerable groups.
AS THE Internet becomes a fixture in the lives of almost everyone worldwide, there is a need to ensure that its benefits are not outweighed by the potential harms that the technology can harbour.
While being on the World Wide Web allows Malaysians to connect with larger communities from around the world, allowing businesses – even international ones – to be conducted faster.
It is also a vast repository of information that all can access, streamed, beamcasted and more. Through the Internet, learning can be done remotely – a boon during the Covid-19 breakout, which enabled global economies to survive the pandemic.
Yet like all things man-made, the Internet also plays host to illegal or negative elements, such as cybercrimes, spreading false information, perpetuating mental health issues via cyberbullying, online harassment, social comparison and anxiety, and illegal activities, like cybercrimes, child exploitation, extremism and terrorism.
It became increasingly so with the rise in news reports concerning these negative aspects.
Tragedy that sparked action
Then in early July last year, a local social media influencer and activist was found dead in her condominium after lodging a police report expressing fears of being raped and killed several days before.
That case triggered an outrage because due to the inadequate laws that cover such cases, two of the perpetrators were charged with a paltry two-year prison sentence running concurrently, while another just received a RM100 fine.
That case made many realise the need for a robust system that can police the cyberspace in order to protect children and vulnerable groups, especially since crime has invaded the privacy of individual homes thanks to the various electronic devices today.
A global problem
Such concerns are shared globally as well. In November last year, Australia became the first country to ban minors under age of 16 from social media, while governments worldwide grasp for ways to protect children from harmful content.
In an article by Politico, Australia’s eSafety commissioner Julie Inman Grant had said that, “For too long, the burden for safety has fallen on the parents themselves or the children, rather than the platforms.”
That shows an increasing recognition among governments around the world that social media platforms need to step up and take responsibility as media owners.
To ensure such social media platforms share in the burden, the Malaysian Communications and Multimedia Commission (MCMC)’s has started enforcing its Licencing Framework for large social media and internet messaging platforms since Jan 1, this year.
The Licensing Framework
In a recent statement, it stated that four major Internet messaging and social media service providers have taken the appropriate steps towards regulatory compliance by applying for a licence to operate in Malaysia.
Tencent was the first service provider to receive the Applications Service Provider Class (ASP(C)) licence for its WeChat platform, followed by ByteDance, which runs TikTok.
Both of these platforms are licensed under the licensing requirements for Internet messaging service and social media service providers.
Telegram is in its final stages of its licensing process and Meta has also started the licensing process for its Facebook, Instagram and WhatsApp platforms, which should wrap up soon.
However, platforms X, which was formerly known as Twitter, and Google, which operates YouTube, have yet to submit their applications to MCMC.
X reasoned that its user base in Malaysia has not reached the required threshold of eight million users, a fact that the MCMC is currently validating and will continue engagement sessions to assess the platform’s position.
Google said issues were raised on its video-sharing features of YouTube and its classification under the Licensing Framework.
MCMC has deliberated on the issues raised and will ensure that YouTube meets the licensing criteria and that they are bound by their duties and responsibilities to adhere to the Licensing Framework.
MCMC will assess the status of platform providers that have yet to obtain the required licences and consider the appropriate actions under the Communications and Multimedia Act 1998.
Platform providers found to be in violation of licensing requirements may be subject to investigation and regulatory actions.
Demarking a safe zone
The licensing requirements show the government’s commitment towards strengthening online safety, enhancing user protection, particularly for children and vulnerable groups, while improving regulatory oversight for Service Providers operating in Malaysia.
MCMC applauds the efforts of Service Providers who have taken proactive steps toward compliance and emphasises the importance of adhering to the licensing requirements.
These efforts are pivotal in creating a safe and secure online environment for all Malaysians.
Rather than focusing on how the Licensing Framework can be extended to promote self-censorship or to restrict freedom of speech, it should be viewed as an instrument that can help the social media owners to monitor their platforms so they are not exploited for nefarious reasons.
This in turn can help social media users to be more cognisant of what they say, write or post online.
