COMMUNICATION LAW SCCA2083

(GROUP C)
SEMESTER A201 ( 2020/2021)
LECTURER NAME
MADAM MARZURA IBRAHIM

‘INDIVIDUAL ASSIGNMENT:
REFLECTIVE JOURNALS’
TOPIC
“SOCIAL MEDIA ABUSE IN MALAYSIA”
STUDENT NAME
SOLEHAH BINTI OMAR
(262130)

1.0 INTRODUCTION

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 Social media is the definition of a group of technologists used online designed to
interact socially. Social media is considered as an ‘information library’ which is a field of
information search and is the most influential tool for communication activities.
Communication activities become faster and easier with the advent of social media which
grows day by day. This modern communication technology allows people to deal online
in a variety of ways. Users are no longer limited to web logs or blogs. Social media users
in Malaysia is very high in social networking activities such as photo sharing,
disseminating information, uploading videos, and various other interactions with this new
mass media. Social media has evolved into a major communication in the construction of
expressions of attitudes and opinions by the general public in a contagious manner. Social
media is now not only a socializing agent, but also used in the delivery of various
information and issues including religion. In addition, social media is also the focus of
various parties including journalists who try to create news or find stories. Due to the
wide involvement of demographic users, social media has been the target of abuse by
irresponsible groups. Today's in advanced of technology has made many social media
users use media social as a place to upload untrue news, slander innocent individuals, and
spread ideologies that can lead to fights with each other. (Ahmad Sauffiyan, 2016), and
even statements that insult other individuals. There were also incidents involving social
media users who upload status and comments insulting Malay rulers (Amizah Wan
Adnan Wan Mahmud and Muhammad, 2017).

Based on the journal ‘Contagious and Risk Legal’ written by (Roos Niza Shariff,
2019), the issue of social media abuse has become a polemic issue in Malaysia from time
to time. There are various types of mistakes made by some individuals on social media.
Among the types of offenses related to social media, abuse include inciting, threatening,
insulting religion, hacking, cheating, slander, etc. Some who want to gain popularity are
willing to spread untrue news or seditious ideologies that can threaten national security
and harmony. Although the law recognizes freedom of speech, it is not absolute freedom
because it is still subject to the relevant laws (Ahmad Shamsul & Rusniah, 2015). In
Malaysia, all parties are given the right to freedom of expression through social media
platforms but the courts in Malaysia also have the constitutional power to control every
activity that takes place on social media because the courts want to monitor and protect
the human rights of every social media user. Yet the current challenge invites us to look
back at the existing legal provisions related to the evolution of technology that has
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changed the way we communicate with fellow human beings. With the advent of Internet
technology, society began to shift the method of communication from traditional media
whether publishing or electronic to social media. Comprehensive freedom only brings
destruction to human beings despite the fact that freedom itself is recognized as a
necessity in society. In maintaining peace and order in the country, the sharing of
information taken from other individuals without the awareness or knowledge of the
owner, especially on the Internet that has elements of sedition and slander is a legal
offense. Legal action can be taken if a person posts a statement on social media that could
affect another person's reputation.

The main act in controlling problems on social media is the Communications and
Multimedia Act 1998, but it is not comprehensive This is because in regulating the
problem of social media abuse, there is a need to refer to other actions such as the
Copyright Act 1948, Sedition Act 1948, Printing Presses and Publishing Act 1984,
Personal Data Protection Act 2010, Defamation Act 1957, Official Secrets Act 1972,
Penal Code, Security Offenses Act 2012 and Prevention of Terrorism Act 2015.

Reflective from these journals are written to discuss issues related to social media
abuse that occurs in Malaysia. From the relevant journals as well, every author has shared
about the laws and penalties imposed on individuals involved in social media abuse issues
and what are the challenges and effects that occur as a result of social media abuse issues
in Malaysia.

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2.0 ANALYSIS AND DISCUSSION

Based on selected journals namely ‘Penyalahgunaan Media Sosial (2020)’, ‘A Comparative

Study Between The Malaysian Laws and The Islamic Legal Principles’ (2018) and, ‘Literasi
Perundangan Media Baharu dalam Kalangan Belia’ (2019), have commented on some
important content related to the law of Malaysia involving the issue of social media abuse in
Malaysia and the effects faced as a result of such issues.

2.1. ISSUES AND ACTS UNDER THE ABUSE OF SOCIAL MEDIA

Discussion on the case that occurred in Malaysia and what is the act provided for each case
stated and the punishment that will be imposed for the offense committed.

2.1.1 Defamation Act 1957.

The Defamation Act 1957 (act 286) was applied in peninsular Malaysia on 1 July
1957 and for the states of Sabah and Sarawak was on 6 May 1965. It is an act that
governs and discusses matters related to defamation law in Malaysia. Defamation
defined as something that damages a person's dignity in any of his positions,
professions or business or damages a person's credibility.

Court legislation
There are two types of tort laws involving defamation issues in Malaysia. This law is
divided into two forms of action, namely criminal claims and civil lawsuits. Criminal
charges are provided under Section 499 - Section 502 of the Penal Code with a
penalty in the form of imprisonment or a fine if convicted. Criminal defamation can
also be prosecuted under the Sedition Act 1948. For example, incitement occurs in the
form of publications that cause hatred or create chaos against government or
government. Next, the slander that expresses dissatisfaction with the government. In
addition, sensitive statements cause anger among the races in Malaysia. If the
offender is charged under an offense with the Sedition Act 1948, the offender will be
fined not more than RM5000.00 and/or will be jailed for up to 3 years as a result of
the first offense and jailed not more than 5 years for subsequent offenses. This
defamatory act can only be initiated by the government through the Attorney General,
not through individuals. Subsequently, defamation or torture law that clarifies the
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action on behalf of those who commit civil defamation will be punished based on the
defamation act 1957. The court has provided a settlement for this civil claim as
compensation or damages. Actions can be initiated with personal capacity. Referring
to the Defamation Act 1957 defines its role as regulating defamation claims under
civil law. The Defamation Act 1957 is divided into two categories, namely libel and
slander. The first category is libel which explains about defamatory statements in a
permanent form. For example, radio, television broadcasts, pictures, movies, and
newspaper articles. Libel explained the situation where students or people who are
slandered do not need to prove the losses suffered because of the defamatory
statement. The second type of slander is slander. Slander is defined as a defamatory
statement in a form that is not permanent or only temporary form such as voice, word,
and video recordings. Slander is ‘actionable per se’. A claim can only be made if
the claimant (claimant) manages to show special losses except in certain cases or
circumstances.

The Case
The issue studied is the spread of defamation through social media under the
defamation act 1957, namely On Tin Khoon as a plaintiff against Hu Sepang and
again as a defendant. Based on this case, the plaintiff has claimed that the defendant
has defamed him by issuing a statement that reads "plaintiff is not eligible to be a
journalist because the report written by the plaintiff is false, prejudiced and somewhat
misleading”. Defamation has spread on social media which has tarnished the
reputation of the plaintiffs. In this case, the plaintiff filed an allegation under section 6
of the defamation act 1957 regarding slander against the property. According to
(Ruzian Markom, 2019) in the writing of his journal entitled ‘Literasi Perundangan
Media Baharu dalam Kalangan Belia’ of the High Court of Malaya, Seremban has
decided that the first defendant, second defendant, and third defendant are responsible
for this case. The court allowed the public apology as requested by the plaintiff. The
size and size of the court returned to the parties for a mutual agreement. The court has
set the number of damages to be paid to the plaintiff as RM100, 000. Under session 5
of the 1957 defamation act due to slander affecting the official, professional, and
business reputation. Based on the journal of writing (Hasbullah Mat Saad 2018), he
stated that stern action under the defamation act should be imposed on slander if

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issuing words insulting the plaintiff because the defamation can affect the reputation,
position, profession, occupation, trade, and business done by the plaintiff.

2.1.2 Communications and Multimedia Act (AKM) 1998

This Act is an act enacted on the social media abuse, law and is formed as a
framework for the purpose of Malaysian government intervention in controlling the
activities of the communications and multimedia industry. The activities involved in
these actions include traditional broadcasting, telecommunications, and online
services, including the facilities and social networks used in providing the services, as
well as the information provided through those facilities and networks. However,
there is no provision to allow the received information to be filtered first. However,
this act can monitor activities in the virtual world that violate Malaysian law,
including writing. If there is an article on an illegal website or blog, action will be
taken by the Internet Service Provider (ISP) to block illegal websites in the country
under the preventive provisions allowed by Section 263 (2) of the Communications
and Multimedia Act Malaysia (AKM 1998). The action should not be seen as filtering
the Internet, but an action to uphold the rule of law in Malaysia.

Court Legislation
Section 233 (2) of the Communications and Multimedia Act 1998 provides for a
maximum fine of RM50,000, or imprisonment for up to one year or both and an
additional fine of RM1,000 for the next day if the offense continues after being
charged with the same offense.. This Act is the joint law of all cyber laws in Malaysia.
The prosecution of the Communications and Multimedia Act 1998 involves any
activity related to the misuse of communication accounts to avoid payment. In
addition, the dissemination of defamatory or degrading information to others may be
subject to action under the Penal Code. This Act combines broadcasting and
communication which replaces the Telecommunications Act 1950 and Broadcasting
Act 1988.

The Case
Based on the Malaysian Communications and Multimedia Commission (MCMC) on
23 March 2019, they have collaborated with the Royal Malaysian Police (PDRM) to

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conduct raid operations at several focal locations including Putrajaya, Petaling Jaya in
Selangor; Perai and Simpang Ampat in Penang; Kerteh and Kuala Dungun in
Terengganu; Pasir Puteh in Kelantan, Kluang, and Indahputra in Johor and Bachang
and Masjid Tanah in Melaka. Most of the offenses committed by the suspects resulted
in illegal actions such as sending pornographic content, sending obscene and insulting
short message system (SMS), as well as threatening content with the intention of
harassing and offending others. This offense is charged under Section 233 of the
Communications and Multimedia (AKM) Act 1998 for a person to make and initiate
the posting of any comments, requests, suggestions, or other communications that are
obscene, inconsistent, false, threatening, or abusive in intent or harass others.
Convicted, a fine not exceeding RM50, 000 or imprisonment not exceeding one year
or both.

2.1.3 Sedition Act 1948.

The sedition act 1948 defines sedition as any act, speech, word, publication, or any
other thing that has a tendency to incite. Among the offenses in the sedition act of
1948 is to mention any act intended to incite. Print, publish, sell, offer for sale,
distribute or reproduce any seditious publication and import any seditious publication.

Court Legislation

The penalties imposed under the sedition act 1948 are:

1) First-time offense - fined not exceeding RM5000 or imprisoned for a term not
exceeding three years or both.

2) Subsequent offenses - imprisonment not exceeding five years.

3) Any publication used as evidence or evidence shall be forfeited and destroyed.

Any person who is in his possession without a valid reason with any inciting
publication has been deemed to have committed an offense.

1) First offense - fined not exceeding RM2000 or imprisoned not exceeding 18

months or both.

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 2) Second offense- imprisonment not exceeding 3 years and the publication shall be
forfeited and may be destroyed in any manner prescribed by the court.

The Case
The sedition act is translated as any act, speech, word, publication, or anything. On
September 16, 2015, the Kuala Lumpur Sessions Court sentenced another person who
had a tendency to incite. In 2014. Judge Shamsudin Abdullah in sentencing. Seditious
words used by Mohd Fakhrulrazi are hateful and unfaithful to the administration of
the country. The judge claimed that Mohd Fakhrulrazi's words tended to incite and
incite hatred against the government and the judiciary. Mohd Fakhrulrazi has been
accused of issuing statements on false matters related to the Malaysian judicial system
conducted by the government while participating in street demonstrations and also
uploading the statement on his social media. Mohd Fakhrulrazi was charged under
Section 4 (1) (b) of the Sedition Act 1948, and under Section 4 (1) of the same act
which carries a maximum fine of RM5, 000 or imprisonment for two years or both if
convicted.

2.4 EFFECTS OF SOCIAL MEDIA ABUSE

The issue of social media abuse has had a negative impact on the individuals involved.

2.4.1 Involved in immoral symptoms

Mazulizam Ismail (2015) explains that some social media users have used social
media facilities in the wrong way such as browsing immoral websites like
pornographic websites that can eventually encourage them to have sex with partners
and is a cause of increasing incest cases and cases of baby abandonment are becoming
more prevalent in Malaysia. The proof, according to a report by Utusan Online
(2016), the Communications and Multimedia Malaysia Commission (MCMC) has
received a total of 2,613 complaints related to the abuse of social media content
involving pornographic and indecent, fake, threatening, or obscene content Sections
211 and 233, Communications and Multimedia Act 1998. This indirectly causes more
teenagers in our country to drop out of education and not able to contribute to the
development of the country.

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2.4.2 Affecting family relationships

Acts of social media abuse such as defamation also affect family institutions.
Defamation will make it difficult for a family to understand each other because of
misunderstandings. Family relationships will also always be influenced by uneasiness
and always back and forth. This will indirectly lead to the emergence of feelings of
revenge in them and lead to fights or quarrels. The impact on individuals will also
have a huge impact on family relationships such as the emergence of marital problems
that result in divorce due to bad stories through widespread slander. This will also
harm the family itself due to the occurrence of rudeness and beatings between
husband and wife so as to put pressure on children, especially those who are still
young.

2.4.3 Threatening National Security

Abuse of social media can threaten national security when the country's good name is
affected if there are negative symptoms such as spreading incorrect news or slander.
The widespread elements of defamation can cause the balance and security of the
country to be jeopardized, thus causing unrest. When misunderstandings due to
slander arise such as the provocation of racial and religious sentiments, a critical
atmosphere can trigger wars and bloodshed. In addition to the adverse effects of
defamation on social institutions, defamation can also bring down the country's
economy. The effect is to create anti-national sentiments as well as to form false and
negative perceptions.

In my opinion, based on the three journals I studied on the issue of social media abuse
is often a major topic in Malaysia involving various walks of life. According to the
content of information in selected journals, the authors of each journal emphasize
some important aspects related to law of Malaysia involving the issue of social media
abuse as well as the punishment imposed on the individuals involved. The journal also
outlines the factors that cause individuals to engage in social media abuse in Malaysia
and the consequences of this offense. Laws enacted in Malaysia to control the use of
social media are intended to control everything that happens in cyberspace so that
users do not exceed the set limits and that can lead to illegal actions. For example, the

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 author has described several acts and cases under the defamation act law 1957, the
sedition act 1948, and the Communications and Multimedia Act 1998.
3.0 CONCLUSION

Social media abuse is an issue that often occurs in Malaysia. Based on the journals
studied, the author has explained some Malaysian laws related to the issue of social media
abuse. Among them are the Defamation Act 1957, the Sedition Act 1948, and the
Communications and Multimedia Act 1998. The journal has also stated several cases
involving this acts as well as the penalties imposed under the allegations of the act which
are enshrined in Malaysian law.

Based on the contents of the journal also stated some of the effects from the
involvement of social media abuse on individuals, families and countries. Among the
effects mentioned are that consumers will be involved in immoral symptoms, families
will be divided and this issue also threatens national security.

In addition, as a result of the reflection of the journal I found that the existing legal
provisions need to be improved. Existing laws also need to be refined so that individuals
who commit abuses such as criminal offenses by using technology through social media
can be prosecuted for such offenses. Based on the results of the observations of the
journals studied, it can be concluded that the issue of social media abuse does indeed have
a lot of negative impact on the individual himself and society. Social media users should
be wise to use the technology facilities provided to them today for good purposes and not
to misuse those facilities. There are three main agencies that play an important role in
regulating activities on social media, namely the Malaysian Communications and
Multimedia Commission (MCMC) and Cyber Security Malaysia, and the Royal
Malaysian Police (PDRM).

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References

Ahmad, A. S. (2015). Undang-undang Hak Cipta dan Kebebasan Bersuara , 1 LNS A xlv.

Hassan, A. S. (2016). DAESH: Kebangkitan Dan Pengaruh Media Sosial. . Jurnal

Komunikasi Malaysian Jilid 32 (2) 2016, 381-404.

Markom, R. (2019). Literasi Perundangan Media Baharu dalam Kalangan Belia. Jurnal
Komunikasi , jilid35(3) : 372-389.

Nor Azlina Mohd Noor, A. S. (2020). PENYALAHGUNAAN MEDIA SOSIAL:

KERANGKA INSTITUSI. International Journal of Law, Government and, Volume 5
Issue 18 (March 2020) PP. 57-67.

Pitchan, W. A. (2017). Media Baharu dan Institusi Raja di Malaysia: Kes Penghinaan Raja
raja di Media Sosial. Jurnal Komunikasi Malaysian Journal of Communication. Jilid
33(1) 2017, 406-422.

Saad, H. b. (2018). DEFAMATION: A COMPARATIVE STUDY BETWEEN THE

MALAYSIAN LAWSAND THE ISLAMIC LEGAL PRINCIPLES. International
Journal of Technical Research an Application.

Shariff, R. N. (2019). Tular dan Risiko Undang-undang.

https://ppuu.upm.edu.my/artikel/tular_dan_risiko_undang_undang-46675

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APPENDIX

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