The Malaysia media
Utusan Melayu and Lembaga Melayu were modeled on the English press and search to provide a more balance view of the news. Both newspapers are reflected the views of the man that who edited the news. Mohd Eunos b. Abdullah, is the so-called father of Malay journalism that born in Singapore in 1876. He took a job with the Free Press, Singapore’s oldest newspaper, for the Free Press, he edited the Malay edition and he witnessed a growing demand for a vernacular press. Abdullah with the help of William Makepeace, the owner of the Free Press founded the Utusan Melaya in 1907. The news published three times weekly in the vernacular Malaya language, the Utusan melaya presented the cable and local news that appealed to an urban Singapore until 1929 but it did publish accounts from the overseas wire service. The newspaper was the only daily published in Malaysia until it stopped publication in 1931.
In 1914, Abdullah also served as editor of the moderately progressive Lembaga Melayu, which mirrored the Malaya Trinbure. It did not publish editorials until 1929 but did publish accounts from the overseas wire service. This newspaper was the only daily published in Malaysia until it stopped publication in 1931.
In 1931, Onn b.Ja’afar founded the Warta Malaya, which became successful after the Lembaga Melayu folded. The Wasta Malaya became an another important news of voice for the Malay readers because it shifted focus from Singapore to the Malaya peninsula. When Warta Malaya startup influenced of thirty-four other newspapers and periodicals between 1920 and 1930. By the mid 1930s there were over eighty-four periodicals published in Singapore and throughout the Malay Peninsula. During the years 1935 and 1936 there were twenty-five new Malaysia newspapers published in the Malay language. Increasing commercialization and professionalism in journalism, there was a affordable price, caused newspaper to flourish. By 1931, with over one-third of the male literate, these newspaper and magazine were widely popular, especially among schoolteachers and government workers. In addition to Warta Malaya, prominent Malaysian newspaper in circulation before World War II include Majils, lembaga and Utusan Malayu.
The Early Settlement of Malaysia.
Malaysia was one of the earliest homes of Man. Stone implements found at Lenggong in Perak and the remarkable found that in the Niah Cave of Sarawak provide evidence for this. The earliest of the presented inhabitants of Malaysia are the orang asli of the Peninsula and people such as the Penan of Sarawak and the Rungus of Sabah, many of who still pursue a large nomadic way of life. The early settlers were probably the pioneers of the movement of peoples southwards from China and Tibet through Mainland Southeast Asia and the Malay Peninsula to the Indonesian Archipelago and beyond.
The Malay peoples are spread out into the islands of the archipelago, settling down into small self-contained communities which gave rise to the complex and variegated ethnic pattern of Malaysia and Indonesia. The Malays of the Peninsula had their closest affinities with the Malays of Sumatra, and for centuries the Straits of Melaka did not form a dividing line between two nations but served as a corridor linking different parts of the same family. Until recent times the Malays and Malay-related inhabitants of the area remained politically fragmented, but they shared a common culture. Together with the orang asli they make up the indigenous peoples of Malaysia today, and are classified as “sons of the soil” or Bumiputera. Despite the considerable differences between the various Bumiputera groups, they all share certain characteristics which are the hallmarks of the indigenous culture of Southeast Asia. These characteristics are rooted in an agrarian-maritime economy and reflected in a village society where leadership was largely through consensus and those attitudes were informed by a belief in an all-pervasive spiritual world. Although the culture of the Malays in particular came to be overlaid by Hiduism and then prevaded by Islam, elements of this basic culture still persist.
Next, the Melaka and Brunei empires were shattered by the coming of the Europeans into the region. Melaka fell to a sudden Portugese assault in 1511. The power of Brunei was crippled in its infancy by the establishment of the Spaniards in the Philippines and by the rise of Dutch power in Java. Johor tried to take the place of Melaka but was restricted not only by the Europeans, but also by the activities of local rivals such as the Achinese, Minangkabau and the Bugis. As a result, the present-day States of the Peninsula gradually emerged as sovereign units in their own right.
Despite their technological superiority, European power in the region remained restricted until the British intrusion at the end of the eighteenth century which brought the resources and organisation of the Industrial Revolution. From their new bases of Pulau Pinang (1786), Singapore (1819) and Melaka (1824), which had became known collectively as the Straits Settlements, their influence and power spread into the Malay Peninsula, and the process of political integration of the Malay States of the Peninsula into a modern nation-state began. In 1824 the Malay world was arbitrarily divided into British and Dutch spheres of influence. In 1874 the British took the first steps towards bringing the peninsula States under their direct supervision when they imposed the Pangkor Treaty on the rulers of Perak and made similar arrangements in Selangor. Meanwhile in Kalimantan, the States of Sarawak and Sabah were beginning to take shape as British adventurers acquired the territories at the expense of the Brunei sultanate. By 1914 the political organisation of the present-day states of Malaysia was as follows, The Straits Settlements: British crown colony headed by a British governor, consisting of Singapore, Melaka, Pulau Pinang, Labuan, the Cocos Isles and Christmas Isle.
In Malaysia, 1963
The first few years of Malaysia were taken up by a serious challenge to its survival, mainly from Indonesia whose policy of confrontation took the form of armed attacks on the Peninsula and across the land frontiers of Sabah and Sarawak. Confrontation was finally brought to an end by an agreement signed in Bangkok in 1966, while the Philippines gave its formal recognition to Malaysia the same year. In the meantime, however, (i.e. in 1965) Singapore ceased to be a member of the Malaysian federation and became an independent state.
In the seven general elections which have been held since the formation of Malaysia, the ruling coalition of political parties- formerly the Alliance, but expanded in 1971 to become the Barisan Nasional has easily retained its majority in parliament. However, in 1969 for the first and up till now the only time, the coalition lost its overall two- thirds majority. Communal tensions resulted in the 13 May 1969 incident in Kuala Lumpur, leading to the establishment of an emergency government-the National Operations Council. Parliamentary rule was resumed in 1971. Since then the broad aim of the administration has been the fulfilment of the New Economic Policy which is designed to eradicate poverty regardless of race, and to eliminate the identification of occupation with race.The economic prosperity achieved in the 1970s enabled the administration of Tun Abdul Razak, who succeeded Tunku Abdul Rahman as premier in 1970, and Tun Hussein Onn who took over on the death of Tun Razak in 1976 to make considerable progress towards these ends. At the same time, Malaysia established a more independent foreign policy, helping found ASEAN in 1967, recognising Communist China in t974, and identifying the nation with the non-aligned countries of the Third World. The 1980s have brought new political directions and economic challenges. The administration of Dato’ Seri Dr. Mahathir Mohamad (1981) has seen the search for new sources of support and development (the Look East Policy), the initiation of a bold policy of heavy industrialisation (the national car, a steel industry and oil refineries) and an aggressive foreign policy asserting the interests of the undeveloped South versus those of the developed nations of the North. The ruling coalition of parties in the Barisan Nasional continues to dominate the political arena but a number of developments, including the coming of age of a new generation of voters, suggest that there may be changes in the traditional pattern of Malaysian politics.
In Malaysia the Press freedom remained restricted in Malaysia in 2012, with the positive and negative developments in the legal field and a number of attacks on journalists who attempted to document large protests. The ruling Barisan Nasional union made minor improvements to two existing laws affecting the press, but it also passed an amendment to another law that expanded liability for illegal internet content.
The constitution guarantees freedom of expression, but allows for a host of limitations to this right. The Sedition Act and harsh criminal defamation laws are regularly used to impose restrictions on the press and other critics of the government. Violations of these laws are punishable by several years in prison. In August 2012, a blogger and opposition politician was sentenced to three months in jail for contempt of court in connection with articles that were deemed to have defamed a government minister. An amendment (114A) to the Evidence Act that took effect in July drew particular criticism from media freedom activists, as it made those who own, host, edit, or administer websites, blogs, and online forums liable for content published through their services, including seditious comments. Opposition to the amendment led to the designation of August 14, 2012, as “Internet Blackout Day,” in which a host of news websites, bloggers, and civil society organizations, including the highly respected Malaysian Bar Council, pledged to either take down their websites for the day or support a pop-up window to promote the Stop 114A campaign.
Although the opposition-controlled states of Selangor and Penang passed freedom of information laws in 2011, Malaysia has no federal law with such guarantees, and officials remain reluctant to share even innocuous information with journalists—including the content of bills to be tabled—for fear of being charged under the Official Secrets Act (OSA). In July 2012, blogger Syed Abdullah Hussein al-Attas was detained under the OSA after a group of 30 people complained about his controversial posts on the sultan of Johor. Some of the posts included documents supporting the blogger’s claim that part of the fortune left by the late Sultan Iskandar, who died in 2010, was embezzled.
In keeping with another promise by the prime minister, with the BN reviewed an existing media licensing and censorship laws in 2012. An amendment to the 1984 Printing Presses and Publications Act that took effect in July repealed a provision that had required all publishers and printing firms to obtain an annual operating permit. However, the revision left all other restrictions in place, including the government’s authority to grant or deny license applications and to revoke the required licenses at any time without judicial review. The Home Affairs Ministry may likewise continue to issue letters, which require newspapers to explain certain articles or face suspension or revocation of their permits. In February, the ministry issued such a letter to the Star, an English-language daily, for publishing a photograph of singer Erykah Badu that included a tattoo of the Arabic word Allah. The letter was issued despite the fact that the paper had already removed the photograph from its website and apologized. Two editors were indefinitely suspended as a result, and the singer’s concert was cancel.
The social media remains a bright spot in the media, with the government formally committed to a policy of refraining from direct online censorship, through a section of the Communications and Multimedia Act (CMA) and the Multimedia Bill of Guarantees. With around 66 percent of the population accessing the internet in 2012, Malaysia is home to many news websites and blogs that offer competing points of view. Although not all of these internet news organizations are politically independent—many have suspected affiliations with politicians from either the opposition or the ruling coalition—they nevertheless offer an array of political opinions that cannot be found in the traditional media, and play a growing role in the media landscape. Social-networking sites such as Facebook continued to flourish in 2012, hosting vigorous debates on political issues and government policies. The internet has also been a place to challenge corruption and other human rights concerns, though existing laws require bloggers to tread carefully.
All printing and publishing ventures must be licensed by the federal government through the Office of the Home Affairs Minister, and the license or permit must be renewed annually. The Home Affairs Minister can suspend, revoke or decline to renew or issue a license without providing a reason, and the minister’s decision cannot be appealed or challenged in a court of law. The minister can suspend the import of publications from outside Malaysia and eject foreign journalists from the country, also without the possibility of appeal.
The Copyright Act 1987, the Printing Presses and Publications Act 1984 is also closely related to the publishing world. The purpose of this act is to control all types of publication, whether printed in the country or imported from abroad.
The act states that if anyone who intends to carry out printing work must obtain a licence from the Home Minister. A printing press means that one machine which prints 1,000 copies in an hour. The minister may approve the licence with certain conditions and for a certain period. He may also reject, revoke or suspend a licence which has been issued. Any person who uses a printing press without a valid licence contravenes this act and if found guilty shall be captivity for a term not exceeding three years or fined not exceeding RM20,000 or both and the printing press used shall be seized.
Under any person found guilty of printing or producing material which is obscene or against public decency shall be imprisoned for a term not exceeding three years or fined not exceeding RM20,000 or both. The same penalty shall be imposed on those who print or publish materials which contain sedition and incitement to disobedience to the law, and which may lead to disorder, hostility and disunity. Any person who possesses any prohibited publication without reasonable excuse shall, on conviction, be fined not exceeding RM5,000.
Under a permit must be obtained first before a person may print, import, publish, sell and distribute any newspaper. Those found guilty of committing these offences shall be imprisoned for a term not exceeding three years or fined not exceeding RM20,000 or both. In this matter, the Home Minister has absolute discretion to grant or reject a permit.
This act also provides provisions to the minister to control undesirable publications. Undesirable publications include any publication that is false, against morality and the law, which may lead to tension in relations with foreign countries, etc. All activities from publication to the possession of such publications are prohibited under this act. To facilitate control, this act requires that the names of the printer and publisher be printed in the publication, either in Malay or English.
This act also prohibits the importation of any publication which may be prejudicial to public order, morality and security. If the minister is satisfied that the importation of any publication will be prejudicial to public order, morality and security, he may prohibit such publication from being imported into this country. Any person who is convicted under this provision shall be fined not exceeding RM1,000 or imprisoned for a term not exceeding three years or both for the first offence. For subsequent offences, the penalties are imprisonment for a term not exceeding three years and the seizure and destruction of the publication under the order of the court.
However, a person shall not be guilty of an offence if it can be proved that the publication is imported, published, sold, offered for sale, circulated or reproduced without his consent or knowledge. Under all publishers in this country are required to submit their published materials for safekeeping at the National Library. Five copies of books or serials, maps, charts and posters must be submitted. For non-printed materials such as films, videos, electronic media and microphones, two copies must be submitted to the National Library.
The Film Censors 2002 section 1provision that was nobody can possess or causing oneself having in possession, guardian, controlling or in possession or telecasting, screening, distribution, displaying, making, producing, selling or rent out any films or pornographic film publicity materials or otherwise are against public decency. The punishment for film censors 2002 was commits an offence and when incriminated can be fined not less than ten thousands ringgit and not more than fifty thousand ringgit and not more than fifty thousand ringgit or jailed for a term not more than five years or both.
Next, section 2 anyone that who without permit or declaration of exception issued, shifting or causing the shift from any custom officer’s control the right any films or publicity film materials imported to Malaysia would commits an offence, when incriminated can be fined not less than five thousands ringgit and not more than thirty thousands ringgit or jailed for a term not more than three years or both.
Furthermore, section 3 the owner the owner of a film should present the film to the Board for censorship according to the stipulated method without any change or cut and at own risk and expense. In the case a film that is imported and is not exempted, within the time and the place stipulated in the permit issued concern with the film or as for the rights of a film made or produced in Malaysia and proposed to be screened in Malaysia, within fourteen days from the date of its production or its release is completed. The owner of a film who violates sub section: Commits an offence and when incriminated can be fined not less than five thousands ringgit and not more than thirty thousand ringgit or jailed for a term not more than three years or both.
Moreover, section 4 making second film copy. If a person intends to make a second copy entirely, or any parts that have been verified under should present a statutory declaration to the Board by explaining: The proposal to make a second copy, the number of actual additional copies he/she intends to produce and That the second copy is made from the original film that was passed and verified by the Board, individually. No one can make make second copy in entirety or any parts and verified by the Board individually. Any person who violates commits an offence and and when incriminated can be fined not less than five thousand ringgit and not more than thirty thousands ringgit or jailed for a term not more than three years or both.
In addition, section 5 every publicity film material has to be presented to the Board according to the way stipulated for its approval and should be adopted for any publicity film materials which is presented to the board for its approval as though the word “film” in that section is changed with the word: “publicity film material”. Any person who violates subsection which is read with subsection this section commits an offence a person who is incriminated for the offence under this section can be fined not less than one thousands ringgit and not more than ten thousands ringgit.
Lastly, section 6 The Board should stamp the passed marking on any publicity film material which has been approved by the Board or has been changed as per requisite by the Board. If a number of copies of any publicity film material is presented for the Board’s approval then the board should stamp the approved marking on the first copy and the second copy can be made from the first copy. Any person who screens any publicity film material or any second copy of the material without displaying the passing stamp of the Board with the material commits an offence and and when incriminated can be fined not less than one thousand ringgit and not more than ten thousands ringgit.
In Broadcasting you need to have the Power to give directions that the Authority may give directions, which is to any degree, either is general or specific and qualified or unqualified, with respect to the exclusion of any programme from a licensed service ; the classes and descriptions of advertisements and methods of advertising to be excluded, or to be excluded in particular circumstances, from licensed services; or the exclusion of a particular advertisement from licensed services, or its exclusion from such services in particular circumstances. In below to programmes or advertisements do not include programmes or advertisements which are included in a licensed service by the reception and immediate to re-transmission of broadcasts made by a broadcasting authority.
Power to require visual and sound records and etc. Where the authority have served on a person authorised by a licence to provide a diffusion service a written notice applying this subsection to programmes specified or of a description specified in the notice, they may, within such period as begins with the inclusion in that service of any programme to which the notice relates ; and of a length specified in the notice, direct that person to produce to them for examination or reproduction a visual or sound record of any matter included in that programme. If the Authority are satisfied that a person authorised by a licence to provide a diffusion service has failed to comply with any condition of that licence or with any direction given by the Authority, the Authority may serve a written notice on that person stating that the Authority are so satisfied stating the effect of subsection and specifying for the purposes of that subsection a period not exceeding twelve months and the Authority shall publish any notice under this subsection in such manner as they consider appropriate.
If the Authority are satisfied that, at any time during the period specified in a notice under subsection above, the person concerned has failed to comply with any condition of the licence or any direction given by the authority, the Authority may direct that person to provide the Authority in advance with such scripts and particulars of the programmes to be included in the diffusion service as may be specified in the direction and in respect of such of those programmes as will consist of or include recorded matter, to produce to the authority in advance for examination or reproduction such visual or sound records of that matter as may be so specified ; and a direction under this subsection shall have effect for such period, not exceeding six months, as may be specified in the direction. Nothing done under or in pursuance of a notice or direction given under this section shall constitute an infringement of the copyright in any work, sound recording, cinematograph film or television or sound broadcast; or constitute an offence under any of the provisions of the Performers’ Protection Acts 1958 to 1972. Expressions used in this section which are also used in the 1956 Act have the same meanings as in that Act.
Power to revoke licences
Every licence authorising a person to provide a licensable service shall contain all such provisions as the Authority consider requisite or expedient to ensure that if, in view of any failure by that person to comply with any condition of the licence or any direction given by the Authority, the Authority consider it necessary to do so in the public interest; or where the licence authorises the provision of a diffusion service, if the Authority consider it necessary to do so for the purpose of complying with section 8 above; or where that person is a body corporate, if any change affecting the nature or characteristics of the body corporate, or any change in the persons having control over or interests in the body corporate, takes place after the granting of the licence which, if it had occurred before the granting of the licence, would have induced the Authority to refrain from granting the licence, the Authority may by notice in writing to that person, taking effect forthwith or on a date specified in the notice, revoke the licence. Before revoking a licence under a provision included in the licence in pursuance of subsection above, the Authority shall give the person concerned a reasonable opportunity of making representations with respect to the matter; and consult with the licensing authorities for the purposes of Part II of the 1984 Act.
Finances of Authority
It shall be the duty of the Authority so to conduct their affairs as to secure that their revenues become at the earliest possible date, and continue thereafter, at least sufficient to enable them to meet their obligations and to discharge their functions under this Part. Any excess of the Authority’s revenues for any financial year over the sums required by them for that year for meeting their obligations and discharging their functions under this Part shall be applied by the Authority in such manner as the Secretary of State, with the approval of the Treasury and after consultation with the chairman of the Authority, may direct. A direction above may require the whole or any part of any excess of the revenues of the Authority to be paid into the Consolidated Fund.
Advances to Authority For the purposes of furnishing the Authority with working capital, the Secretary of State may with the consent of the Treasury make advances to the Authority out of money provided by Parliament. The aggregate amount outstanding by way of principal in respect of sums advanced to the Authority under this section shall not at any time exceed £2 million. Any sums advanced under this section shall be repaid to the Secretary of State at such times and by such methods, and interest on those sums shall be paid to him at such times and at such rates, as he may from time to time direct with the consent of the Treasury. Any sums received by the Secretary of State in pursuance of subsection above shall be paid into the Consolidated Fund.
Annual reports as soon as may be after the end of every financial year, the Authority shall prepare a general report of their proceedings during that year, and transmit it to the Secretary of State who shall consider it and lay copies of it before each House of Parliament. The report shall have attached to it the statement of accounts for the year and a copy of any report made by the auditor on that statement, and shall include such information (including information relating to the financial position of the Authority) as the Secretary of State may from time to time direct. The report shall also include an account of the way in which the Authority have discharged their duty and a general account of any complaints received by the Authority about the discharge and the action taken by the Authority in relation to those complaints.
Amendment of law of defamation for the purposes of the law of libel and slander the publication of words in the course of a programme included in a cable programme service shall be treated as publication in permanent form. Above shall apply for the purposes of each of the Defamation Acts as it applies for the purposes of the law of libel and slander. Those Acts shall apply in relation to reports or matters included in a cable programme service which is or does not require to be licensed, and in relation to any inclusion in such a service of any such report or matter, as it applies in relation to reports and matters published in a newspaper and to publication in a newspaper; and that section shall have effect, in relation to any such inclusion, as if for the words “ in the newspaper in which ” there were substituted the words in the matter in which . The Defamation Acts means the Defamation Act 1952 and the Defamation Act 1955.
Contracts for programmes in 1981, there shall be inserted after paragraph the following paragraph twelve years in the case of a contract for the provision of television programmes for broadcasting in a DBS service and Every contract between the IBA and a DBS programme contractor shall contain all such provisions as the IBA think necessary or expedient to ensure that the financial and other arrangements for the provision of the satellite transponder are made by the contractor.
All the telecommunication industry offer that broadcast, cable, satellite, internet, and telephony services must exercise self-regulation of content to avoid presenting the offensive and objectionable. Material that includes indecency, obscenity, incitement to violence, and threats to national security or public health and safety. Broadcasters are to be a sensitive to cultural differences in Malaysia; news materials and current affairs must be in line with the government’s principles to avoid confusion and misunderstanding. The Act does not permit the censorship of internet. But, if the Complaints Bureau of the Content Forum notifies a person that a link on his/her Web page is a link to “prohibited content,” the person must remove the link “within 24 hours of being notified”. Generally, something considered illegal offline will also be illegal online.
The network facilities that provided in connection with carry out an activity to act in accordance with a good engineering practice to protect the safety of persons and property to ensure that the activity interferes as little as practicable with the operations of a public utility public roads and paths the movement of traffic and the use of land and to protect the environment. Network facilities provider engages or proposes to engage, that activity is or will be authorised by a network facilities installation permit and the network facilities installation permit is subject to one or more conditions, the network facilities provider shall comply with those conditions.
A network facilities provider may apply to the Commission, in the manner as provided in the regulations, for a network facilities installation permit authorising the network facilities provider to carry out the installation of one or more network facilities and the installation permit has effect subject to this Act and any other relevant written law. Nevertheless, the provisions of any other written law, a network facilities provider or a public utility shall provide a network facilities provider with non-discriminatory access to any post, network facilities or right-of-way owned or controlled by him. The post, network facilities or right of way where there is insufficient capacity, or for reason of safety, security, reliability, or difficulty of a technical or engineering nature.
The Commission may regulate the rates, terms and conditions of access to any post, network facilities or right of way and provide that such rates. The Commission jurisdiction with respect to access to any posts, network facilities or right of way where such matters are regulated by a State Authority, local authority or other authority. The Minister may, on the recommendation of the Commission, make regulations regarding the manner for the carrying out of the provisions of this law.
The Media ownership in Malaysia that media organisations in Malaysia are both directly or indirectly owned and controlled by political parties. This includes the vernacular media and the media organisations in Sabah and Sarawak. It is this ownership intervention that needs to be restrained for there to be any kind of meaningful reform to media in Malaysia.
There is a need for a mechanism that compels mandatory disclosure of shareholders and to limit the stake of any organisation, be it political or corporate, on a media organisation. Which this action can be automatically reduce incidences of political appointees helming the editorial or being in control of the top management of media organisations. These appointees will ensure the interests of the leaders are looked into. It is a given that and there is a changing of guard in the top editorial and management in media organisations once there is a change in party or country leadership. There should also be a mechanism that prohibits media concentration. Presently, media owners in Malaysia are free to expand their businesses across media channels and are free to merge and acquire as many media organisations are they desire.
Media concentration and media appointees allow greater room for manipulation and distortion of information, with a strong propensity to serve the narrow interests of the owner and it does not matter who the owner is, whether it is the government or a corporation. These are the people who shape public opinion and deprive the public from access to multiple and differing sources of information, and by extension, depriving the public from making informed decisions. In the present situation, the decision to publish or broadcast does not entirely lie on the newsworthiness of the story and neither do the editorial decision-makers adhere primarily to the principles of journalism when it comes to treatment of news or the selection of stories for publication. Owners have exclusivity over the news content and journalists surrender their rights over their stories.
Malaysia is already a barrelful of laws concerning media and freedom of expression but these laws are generally restrictive in nature. What Malaysia needs is the instating of laws that protect the media and removal of laws that do not. Deregulation is sometimes cited as the only solution for Malaysia. This will open the media industry to foreign ownership but it does not offer a guarantee that there will be media freedom. As long as non-formal controls on the media in the form of media owners flexing their muscles in the newsroom still exist, the media is no real news and freedom expression than it was under state control and ownership. It is only when media ownership is not concentrated and transparency in ownership, will there be true reforms in the media in Malaysia.
The minister also instructed the Malaysian Communications and Multimedia Commission to meet social media platform providers Facebook, Google and Twitter list to help them to stop the spread of false information and rumours in Malaysia. He said in his blog that although the platform owners had been cooperating with Malaysian authorities, the level of cooperation needed to be stepped up. Another thing is minister also recently said that the country was not ready to have a law allowing the public full or partial access to government documents and information. Two opposition-held state governments have the Freedom of Information Act. The stand of the government cannot be clearer. There are plans to pile on further restrictions on social media and news sites while continuing to contain the actions of the mainstream media.
The development of internet and social media in Malaysia that internet penetration in Malaysia is still a very much an experience. Government statistics compiled by Malaysian Communication and Multimedia Commission in 2014 indicated that the highest internet penetration was in the Klang Valley area, which places the nation’s capital, Kuala Lumpur, at 71%. This is followed by the most developed state in Malaysia, that is, Selangor (71%), and at the administrative capital, Putrajaya (89%). Internet penetration is still relatively low in other less populated states such as Sabah (43%) and Sarawak (41%), situated in east Malaysia where most residents belong to indigenous groups.
According to a research that almost 90% of Malaysian Internet users have registered social media accounts. Malaysians are considered as sociable online as they have among the highest average number of friends on social networks in the world. For instance, Facebook users in Malaysia have, on average, 233 friends which is about 80% higher than the global average. It was also found that Malaysians prefer to spend more time online rather than watching television or listening to the radio. Video streaming is one the favourite online activities with 51% of online users having an active YouTube account while 80% of Internet users stream online video content each month. Due to the increased popularity of social media in Malaysia, it is identified that one‐third of the country’s Internet traffic will be access to social sites. According to Malaysian social media viewer social network sites 14 billion times every month. Fact browser, citing com Score, stated YouTube accounted for 67% of all online videos viewed in Malaysia.
The government has controlling the internet to not censor the internet, it has openly and blatantly controlled the Internet content when it comes to protecting their own image. Any forms of content that are derogatory to the government are always curbed through indirect laws such as the Official Secrets Act and the Sedition Act. The punishments is include fines and several years in prison. In 2013, the Prime Minister, Najib Razak, announced that the government would abolish the Sedition Act. However, by November 2014, the government had actually strengthened the law claiming it was necessary to maintain national harmony. Further amendments were made in 2015, enabling the authorities to block and reprimand online contents that are considered seditious while increasing the penalty from 3 to 7 years in prison.
Defamation Act 1957 is another law that can be used against online users. Libel and slander are two categories that fall under the Act. The mass media are somewhat protected from the Act because a media report is privileged if it is found that it is generally fair, accurate, and is without bad intentions. Online media such as blogs, however, are not protected by the Act because it is considered to be a personal opinion that may be libelous.
The Evidence Act 1950 was amended in 2012 that holds online users responsible for seditious content that is posted on their platforms. This means that hosts of websites, online forums, news outlets, blogs, and even internet service providers can be held responsible for contents that come from their platform or network whether or not they are the author.
As mentioned previously, legal control over the Internet falls under the purview of the Malaysian Communications and Multimedia Commission which is overseen by the Minister of Information, Communications, and Culture. The 1998 Communication and Multimedia Act (CMA) gives the information minister certain authorities that include imposing license to operators of network and online services. Currently, MCMC actively monitors online speech, including scrutinizing online portals, social media, vloggers, and bloggers. Two main methods that have been used by the MCMC are blocking and filtering and content removal. Because this all Act, so every Malaysian always play in a careful role to avoid to step on trouble with this all Act.
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