The Malaysian Communications and Multimedia Commission (MCMC) has issued an eight-page letter to the Asia Internet Coalition (AIC) to seek clarification and to refute the allegations made recently. AIC, an organisation representing several tech giants, has issued an open letter to Prime Minister Anwar Ibrahim to raise concerns about the latest framework requiring applicable social media and instant messaging platforms to acquire a licence by the end of this year.
AIC has issued 3 versions of the open-letter
The MCMC asked the AIC if it has obtained the necessary authorisation to issue the letter on behalf of the listed tech giants which were listed in the letter. A total of 3 versions of the letter were issued with the first copy dated 23 August 2024 listing 17 brands which included Grab, Google, Apple, Meta, Amazon, Spotify, Rakuten, X, Fedex and LinkedIn. This is followed by an amended copy dated 26 August which only listed 6 brands – Meta, LinkedIn, Apple, Amazon, Google and X. The brand logos were subsequently removed in the latest revision (also dated 26 August).
The line “No platform can be expected to register under these conditions” was also removed in the second version.
Grab stated on 26th August 2024, clarifying that it was not informed or consulted about the open letter to the PM. It also iterated that the proposed regulation does not impact its eHailing and delivery operations and they had no part in it.
The open letter was only signed off by Jeff Paine, the Managing Director of AIC. X Corp (formerly Twitter) representative Lynn Ampolpittayanant and Meta’s representative Senura Abeywardena are the current EXCO members at AIC.
MCMC refutes allegations of no engagement with stakeholders
The MCMC said it categorically denies all of AIC’s allegations levelled against the licensing framework for online service providers (OSPs) under the Communications and Multimedia Act 1998 (CMA 1998) in the letter and they have shown evidence that there was indeed an engagement and consultation with the organisation.
It shared that AIC had requested for an engagement with MCMC regarding concerns on online harms and social media regulation framework on 9th May 2024 and an engagement session with AIC was conducted on 28th May 2024. MCMC attached a photo from the engagement session which AIC’s Secretariat representatives Sarthak Luthra and Edika Amin attended in person.
MCMC strongly refutes the allegation that no formal public consultation was held and insists that all reasonable steps to engage, facilitate and assist the OSPs in the compliance journey had been taken. This included extensive dialogue and careful consideration of inputs from all relevant parties.
It also added that the five-mount grace period for OSPs to comply is both reasonable and aligned with international best practices. The regulator said the timeline was established to balance the urgent need to address cyber threats within the practical requirements for compliance by the OSPs.
The MCMC reiterates that the prime responsibility of the Government is to protect its people against threats and harms in the digital space. This includes any online threats or harms and cyber security threats to its people utilising network facilities and services. They also reminded that OSPs have a legal responsibility to protect its users and ensure its users comply with Malaysian law while operating in Malaysian sovereign digital space.
MCMC to conduct Public Inquiry on social media and instant messaging licensing
In a media statement, MCMC said it will be undertaking a Public Inquiry exercise to solicit feedback from all relevant parties to ensure that the final framework is fair, effective, and reflective of the needs of both the industry and the public. These ongoing engagements have been vital in developing a regulatory framework to address the needs and concerns of all parties.
At the moment, the new framework requires all social media and instant messaging platforms with 8 million Malaysian users to to apply for a licence before 1st January 2025. It is seen as a necessary move to hold digital platforms accountable for online harms which include online scams, gambling, sexual crimes against children and cyberbullying.
Online scams are on the rise and several social media platforms are still allowing scammers to run ads to amplify scams on their platforms.
Meanwhile, Communications Minister Fahmi Fadzil said the government will stand firm on its decision to implement the new regulatory framework for social media and instant messaging platforms on 1st January 2025. He said the implementation of the licensing framework will proceed as scheduled to achieve the government’s aspiration and proactive measures to protect the interests and safety of users.
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