characteristics – integrated, interactive and digital. New media can be seen as a new channel in the world of communications. Based on its interactive and digital nature, Malaysians generally use new media as an enabler in carrying out their daily routine. Among its many uses include:-
•
Communication;
•
e-Commerce
•
Health; and
•
Education
Given the current trend, the use of new media in Malaysia indicates that a large portion of Malaysians use it for communication. This is evident from a study conducted on the types of website frequently visited by Internet users in Malaysia. Based on this study, in 2014 Facebook is the most visited website in Malaysia, followed by Google.com and Google.
com.my. All three websites feature facilities such as personal message, chat and email for communication. Further details from this study are provided below:-
NEW MEDIA
Crimes Committed through New Media in Malaysia
The rapid growth of new media also exposes Internet users to cyber crime.
The types of offence usually committed through new media are shown here:
Figure 1: Types of offence committed through new media
Figure 2: Number of New Media complaints for the year 2013 and 2014
MCMC, through the New Media Department, also received complaints from the public regarding various online offence.
The following statistics show the number of new media complaints received by MCMC for the year 2013 and 2014:-
In 2014, MCMC received a total of 2,536
complaints from the public. Out of this number, a total of 1,833 online offences took place on social media. The breakdown of complaints according to Internet service is as follows:-
Stalking Fraud/Scam
Types of offence committed through
new media
Dissemination of false content
Uploading and disseminating obscene content
crossing religious/racial
sensitivity
Disguise/misuse/
faked identity
Pornography/
offensive/
indecent content Physical
threat/extortion (obtaining
money) Online sale of
stolen items
Fraudulent online selling and
buying
Uploading and disseminating picture/video with element of
slender
2,536
2014 20132,189
Social Media
1,833
Website/blog
/Forum
580
123
Stern action can be taken against new media content that is indecent, obscene, false, menacing or offensive under Section 211 and 233 of the Communications and Multimedia Act 1998 (CMA 1998). If proven guilty, the individual can be fined not more than RM50,000.00 or jailed for a period of not more than one (1) year or both.
Complaint statistics according to offence for the year 2013 and 2014 are as shown below:-
Figure 4: Breakdown of complaints on new media content according to offence for the year 2013 and 2014
However, not all offences committed through new media platform are under the jurisdiction of MCMC. There are online offences that break other laws such as Penal Code, Sedition Act 1948, Copyright Act 1987 and many more.
Enforcement is not limited to court persecution only. MCMC can also take action that is administrative in nature, subject to the provision of CMA 1998, against new media platforms. Among these administrative actions include blocking a website that breaks or attempt to break national law, and filing a report on misuse, as well as serving a notice for removal of content to service operators such as Facebook, YouTube, Twitter, Cari.com, Instagram, Tumblr and others.
The following are statistics of administrative actions taken by MCMC against offences that took place on the Internet for the year 2013 and 2014:-
Figure 5: Cases reported and actions taken for notices issued to remove content for the year 2013 and 2014
2013 416
627
180 318
2014 565
648 643 730
139 459
False Obscene
Offensive Fraud scheme Others
*For more information, scan the QR code and view the video.
2013
YouTube Facebook Blog Others 7
8 15
8 13
21 1
3 4
19
32
51
2014
Facebook Web/Forum Tumblr Blog Application Wordpress 8
35
43 11
44
55 2
2 4
1 2
1
1 3
1 1 3
Cases Reported Content Deleted Content Moved No Action 0
20 40 60 80 100 120
Figure 5 shows an increase in the number of actions taken in 2014 compared to 2013. This is the result of a two-way discussion and relationship fostered between MCMC and website operators to improve enforcement against contents that break the laws.
Landing Page System
MCMC also collaborated with other law enforcement agencies to block website in accordance with the provision of laws under Section 263(2) of CMA 1998.
Under Section 263(2) of CMA 1998, Internet Service Provider (ISP) is required to assist MCMC to prevent any offence or attempt to commit offence under any Malaysia written laws or other laws in the effort to enforce Malaysia laws.
Based on this provision, MCMC had launched Landing Page System, which is an initiative to ensure the effectiveness and transparency in the blocking of a website in Malaysia. Internet users who wish to access website that breaches or attempts to breach the provision under CMA 1998 or any Malaysia written laws will be directed to a landing page that has the following information:- This website cannot be accessed in Malaysia because its content violates the country’s laws;
Section 263(2) CMA 1998 – ISP’s general obligation as stipulated in paragraph 15 above;
Provision of laws breached; and
Details of enforcement agency that blocks access to the website.
Before MCMC introduced the Landing Page System project, users received only an error message if they wish to access a website that has been blocked.
The following are statistics for the blocking of websites for 2014. A total of 2,268 websites/blogs were blocked based on offences under various written laws.
Figure 6: Blocking of Websites/Blogs in 2014
Self-Regulation
Users are advised to practise self-regulation when communicating through new media. This includes being ethical when voicing out their views and critics in social media. Users of new media are also encouraged to read and understand the terms and conditions of a social media platform or a website so that self-regulation can take place more effectively.
Company Act 1965 (SSM) Capital Market and Services Act 2007 Copyright Act 1987 Sec. 211/233 CMA 1998 Sharia Criminal Code Enactment Penal Code (PDRM) Phishing Sec. 8 Trade Descriptions Act 2011
Sec. 4 Common Gaming Houses Act 1953 225 1
1532 207
111 5 Sec. 3(1) Medicines (Advertisement and Sale) Act 1956
500 1,000 1,500 2,000