This article first appeared in The Edge Malaysia Weekly on December 16, 2024 - December 22, 2024

The absence of 122 out of the 222 members of parliament (MPs) of the Dewan Rakyat during the vote for the Communications and Multimedia (Amendment) Bill 2024 last Monday marks a serious lapse in parliament’s function as a pillar of democratic governance. This is especially disturbing because the second reading of the bill, which was passed by a mere 59 votes for and 40 against, with one abstention, raises pressing questions about the government’s commitment to uphold fundamental liberties.

Critics of the draft law are understandably anxious that it gives too much arbitrary power to the Malaysian Communications and Multimedia Commission (MCMC) to regulate online matter, including ordering the removal of content and compelling service providers to disclose user data.

Among other provisions that invite scrutiny are vague and overly broad definitions of “offensive” and “false” content, increased penalties for sharing such material and a lack of safeguards and oversight mechanisms to prevent abuse of power.

While it has become necessary to regulate the online environment due to the escalation of hate speech, spread of disinformation and the incidence of harassment and defamation, the creation of a robust regulatory framework to maintain online safety and decorum must be carefully considered so that it does not smother the healthy dialogue that is vital for a democratic society to flourish.

Moreover, the dawn of the digital age which we are witnessing calls for our creative engagement in an open and transparent environment. To develop the potential that new technologies offer, we must be free to explore, experiment and participate. A heavy-handed approach to regulating the cyber environment could regrettably stifle the creativity that is so important to nourish for our progress today.

Let the parliamentary select committee to which the bill has been referred for further scrutiny engage in a broad stakeholder consultation, including on the ambit of the proposed Malaysian Media Council, in order to balance between protecting the public interest and fostering freedom of expression.

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