Analysis: The Anwar government’s growing push against Big Tech raises questions of its true intentions
Malaysia has recently taken a tougher stance against tech firms in the name of regulating social media space, but observers say the moves could also be politically motivated.
KUALA LUMPUR: Amid what appears to be the Anwar administration taking a tougher stance against social media firms and tech giants, observers said authorities face difficult questions ahead as they seek to push through a raft of measures aimed at regulating the space.
And while the measures come on the back of genuine concerns, the potential for government abuse - alongside its track record of social media takedown requests - against free speech and criticism is hard to ignore, they noted.
The government has said the moves are intended to tackle online harms like fake news, scams and sexual crimes, but experts questioned if there was political motivation as well, given how opposition parties in the country have successfully used social media to gain inroads at previous elections.
Social media platforms, meanwhile, are likely to reluctantly comply with the new measures to continue servicing the important Malaysian market, the experts added, although they warned of a potential pushback from the country’s users themselves.
According to DataReportal, Malaysia was home to 28.68 million social media users in January 2024, making up 83.1 percent of the country’s total population.
The past few weeks have been a whirlwind for the social media regulation space in Malaysia, culminating in a takedown-related faceoff between Meta and the government on Hamas-related posts, and a threat by the government to develop Malaysia’s own social media application.
What started with the tragic suicide of a Malaysian TikToker on Jul 5 following instances of cyberbullying has sparked a flurry of measures the government said is aimed at making the internet a safer place for children and families.
On Jul 27, the government announced that all social media and internet messaging platforms with at least eight million registered users in the country must apply for a class licence from 2025 or face penalties, a move roundly criticised by civil society as one that risks stifling free speech and government criticism.
The next day, Law Minister Azalina Othman Said in a statement said the government will in October table new legislation for a “kill switch” to make social media and internet message platforms accountable for tackling online crime, Bernama reported.
All these as the government is in the process of expanding its Communications and Multimedia Act, and mulling the introduction of an Online Safety Act that critics fear could further empower the suppression of online content.
TAKEDOWN REQUESTS
In June, transparency reports released by TikTok and Meta - which runs Facebook and Instagram - showed a surge in censorship requests during Prime Minister Anwar Ibrahim’s first year in power, particularly in the second half.
In the second half of 2023, TikTok reported receiving 1,862 takedown requests from the Malaysian government, the highest globally. This is compared to just 55 requests in the second half of 2022.
Mr Anwar took power after the 15th General Election (GE15) in November 2022.
Meta also said it restricted access in Malaysia to more than 4,700 items in the second half of 2023, compared to fewer than 500 items in the same period the year before.
Meta said these items were reported by the Malaysian Communications and Multimedia Commission (MCMC), including those involving illegal gambling, scams, hate speech based on religion, racially divisive content, and criticism of the government.
Critics say these requests are aimed at silencing criticism and political opposition. But the government has denied such allegations, saying it wanted to curb provocative posts that touch on the sensitive issues of race, religion and royalty.
Independent political analyst Asrul Hadi Abdullah Sani said the spike in takedown requests contradicts the promises Mr Anwar’s Pakatan Harapan (PH) coalition made on institutional reform and freedom of expression during its campaign at GE15.
“It can also be seen as hypocritical, as PH’s actions are similar to those of the previous Barisan Nasional (BN) administration that they had criticised,” he told CNA, referring to how the once-dominant BN government had been accused of using media laws to take out newspapers, activists and politicians it deemed as enemies.
“The increased control over social media can be viewed as a response to the government’s inability to control the political narrative. However, PH leaders would be mistaken in believing they can gain votes through censorship.”
Mr Asrul Hadi acknowledged the government’s “genuine” concerns regarding online safety, citing how online radicalisation, hate speech and controversial content like pornography continue to spread on some social media platforms.
“However, rather than implementing strict regulations, the government should work with the companies to address these issues by utilising or improving the platforms' existing online safety mechanisms,” he added.
“The government’s plans and concerted efforts to regulate social media can be seen as politically motivated, especially given the opposition's success in using platforms such as TikTok to win the support of the Malay electorate in the previous election.”
GE15 saw a large swing of the Malay vote towards the opposition Perikatan Nasional (PN), in what analysts have described as a “green wave” attributed to social media propaganda and a loss of confidence in BN as the main upholder of Malay rights.
The unity government also took a hit during six state elections in August 2023, which saw the opposition gaining more ground in traditional government strongholds despite an outcome of status quo.
But Mr Anwar seems more politically secure now as six opposition MPs who pledged support for the premier in return for constituency allocations were not required to vacate their seats, as ruled by the parliament speaker.
Malaysia must hold its next general election by February 2028. Mr Anwar’s party has stated its intention to retain him as prime minister.
SILENCING CRITICISM
Mr Praba Ganesan, chief executive at democracy outreach organisation KUASA, said the licensing regime could be seen as Mr Anwar’s unity government wanting safeguards to deal with online “vitriol” towards the incumbent.
“Naturally, Pakatan-BN wants the option to upend PN’s social media if it takes off too well during the election season,” he wrote in an opinion piece published by the Malay Mail on Aug 1.
Mr Ganesan said while no sensible government will ignore social media and its job to regulate such platforms, it can also deploy censorship to “protect its own rule”.
“Malaysia’s efforts are not unique nor isolated but it worries nevertheless. Especially when phrases like kill switch are bandied about,” he added.
On Aug 1, the MCMC gave more clarity on the class licensing regime for social media platforms, stressing that regulatory intervention has become “essential” given a rise in online harm in recent years.
MCMC said the class licence is an existing one that social media platforms were previously exempted from. Licence holders are required to have “robust policies” against online harms and comply with MCMC directions issued under the Communications and Multimedia Act or subsidiary legislation.
Eligible social media platforms and internet messaging companies - those that have more than eight million registered users in the country - that fail to get the class licence could face penalties of up to five years’ jail and a maximum fine of RM500,000 (US$111,235). Operators could also be fined RM1,000 for each day they remain unlicensed.
MCMC said its directions cannot be issued “arbitrarily and must adhere to due process”, noting that parties will be granted an “opportunity to be heard” before a direction is issued. Parties can also challenge directions at an appeal tribunal and thereafter with a judicial review, it said.
Mr Ganesan, however, said a “niggling” question remains: “If a platform fails to procure a licence, does it cease to operate in Malaysia?”
SOCIAL MEDIA PLATFORMS PLAY BALL
While Deputy Prime Minister Ahmad Zahid Hamidi, who is also BN chairman, has threatened noncompliant social media platforms with a ban, the Communications Minister Mr Fahmi said the government has no intentions of doing so.
Mr Fahmi previously acknowledged social media’s value in a country like Malaysia, which uses a wide range of such platforms.
CNA has contacted Meta, TikTok and Google-owned YouTube for comments on Malaysia’s concerted push to regulate social media and the number of takedown requests it has made.
MCMC has not said which platforms are considered to have eight million users in the country, only that it will mainly use data from its “official surveys” and other “publicly available and reliable data points” to quantify the number of users.
Local media, however, reported that these firms include Meta’s Facebook and WhatsApp, Bytedance’s TikTok as well as Elon Musk’s X, among others.
Dr Benjamin Loh, a senior lecturer in media and communication at Taylor’s University, believes platforms have little choice but to comply in a social media-crazy region with governments similarly keen on regulating it.
“I believe that the platforms would likely acquiesce as there could be a potential domino effect on the rest of the region,” he told CNA, noting that Indonesia and the Philippines are the largest users of social media.
“Many of these older tech companies are now in their payoff phase, meaning they can't risk losing markets.”
For now, it seems that the largest social media platforms are ready to play ball.
MCMC figures indicate that Meta-run platforms Instagram, Facebook and WhatsApp have a takedown request compliance rate of 79 to 88 per cent, while TikTok is at 76 per cent.
On Aug 6, Meta apologised for erroneously removing Mr Anwar’s social media posts in which he expressed condolences and paid tribute to the late Hamas leader Ismail Haniyeh. Mr Haniyeh - who had been based in Doha, Qatar since 2019 - was assassinated in Iran's capital Tehran on Jul 31.
The Prime Minister’s Office had summoned representatives from the tech giant on Aug 5, expressing anger at what it felt was “discriminatory, unjust, and a blatant suppression of free expression”. Meta subsequently restored the posts with "the correct newsworthy label", the firm said.
It comes on the back of a similar incident in May, when Meta also removed several posts related to media reports of Mr Anwar’s publicised meeting with Mr Haniyeh in Qatar.
But Dr Loh said pushback could come from social media users themselves, who might bristle at additional censorship by the platforms as compelled by the government.
“That might happen, but it’s too early to tell how that resistance could form and around which issues,” he said.
“Social media here is largely ‘unmoderated’ in the sense that lots of hate speech and calls to violence go unchecked due to poor localised content moderation on the part of the platforms. If that changes, then perhaps a citizen revolt may come as it is affecting how people have taken these platforms for granted.”
MALAYSIAN SOCIAL MEDIA APP?
On Aug 4, Mr Fahmi hinted at the possible development of an alternative - albeit government-sanctioned - social media platform for Malaysians, accusing existing ones of profiting off Malaysians but neglecting the need to keep them safe.
“They lack commitment, so we need to study and assess the situation. It is not easy to develop our own social media platform, but some countries have attempted it. We will look into it,” Bernama reported him as saying.
Mr Fahmi then played down his comments two days later, saying the government had no immediate plans to do so due to the high costs involved.
“However, if there are private companies in Malaysia that wish to develop (such platforms), it is up to them. We do not prohibit (them from doing so),” he was quoted as saying by the Vibes.
While the idea sounds feasible, getting people to actually use the new platform - key in ensuring its success - is harder to achieve, Dr Loh said.
“We've had so many failed ‘local’ government-mandated products, meant to cater to local needs,” he said, comparing it to Malaysia’s claim in 2019 that it was developing a “flying car” using local technology.
The claim was met with scepticism from various parties including in parliament, and it was later clarified that the flying car was actually a drone that could carry people and cargo.
“This will likely just be a throwaway line akin to the flying car project years ago,” Dr Loh added.