KUALA LUMPUR, Dec 4 — The proposed amendments to Malaysia’s Communications and Multimedia Act (CMA) 1998 have drawn criticism for introducing a licensing regime for social media companies and imposing strict liability on service providers for user-generated content. Critics warn these changes could incentivize over-censorship and undermine online freedom of expression, contradicting the Manila Principles on Intermediary Liability.
CMA Amendments
Rights organizations ARTICLE 19 and the Centre for Independent Journalism (CIJ) expressed alarm over the new Section 46A, which grants the Minister authority to bypass registration formalities under a class license. This provision could curtail the autonomy of Application Service Providers, Content Application Providers, and Network Service Providers, enforcing what activists deem unnecessary and overly punitive obligations.
Online Freedom attacked
Many groups also noted that international human rights law registration requirements interfere with freedom of expression and must pass a strict three-part justification test. The amendments, they argue, risk violating such principles, further raising concerns about the government’s commitment to upholding democratic freedoms and rights.
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