Social media users often think it is their right to post whatever they wish on their page and that they could do so without repercussion.

Few realise that while social media platforms give a chance for users to voice out their thoughts, it also exposes them to the long arm of the law.

Therefore, it is prudent for social media users to be mature when posting their opinions on social media.

This is so that comments, status updates or other information shared on a whim would not result to their detriment later on.

The Malaysian Communication and Multimedia Commission (MCMC) has received and investigated 62 complaints on various forms of social media misuse from January through May 2016.

This is a 63 percent increase when compared to the corresponding period in 2015, where only 38 cases were recorded, said the MCMC chief executive of Network Security and Enforcement Sector Zulkarnain Mohd Yasin.

He said 48 raids were carried out this year compared with 13 in 2015, which resulted in the confiscation of the communication equipments of identified suspects.

Four of the cases were charged in court under Section 233 of the Communication and Multimedia Act 1998 while another four cases were still ongoing.

MCMC has also offered compounds to two individuals for the same offence.

There is a drastic increase in complaints regarding offensive content this year, with 36 cases reported so far, compared to only 15 cases in 2015. This translates into a 140 percent increase.

There is, however, a decline in complaints on obscene content, with 29 cases reported this year compared with 38 cases in 2015.

The number of reports against false content increased by a case this year from 2015, bringing it to 16.

Lewd caricatures

The highest fine recorded this year was RM20,000 for an offence under Section 233 (s)(a) of the MCMC Act 1998 for using lewd caricatures of female Muslim students for commercial purposes.

MCMC works together with multiple agencies and receives reports of online offences from various avenues.

Direct complaints to MCMC can be made by e-mailing [email protected], calling 1-800-188-030, sending a WhatsApp message to 016-220 6262 or through its Facebook page ‘Suruhanjaya Komunikasi Multimedia Malaysia’.

Investigations are carried out by its investigative, intelligence and forensic units. The raids are conducted with the help of the police and targeted a suspect’s current location.

“This means that if a suspect is at home, we would raid his house. If he is at the office, that is where we would be as well,” said Zulkarnain.

This is followed with a charge and if convicted, the offender could face a fine, imprisonment or both.

There are also cases that can be compounded.

“Many of social media abuse cases investigated by MCMC involved sending or uploading obscene, false, threatening or offensive content, all of which are an offence under MCMA Act 1998.

“Complaints are lodged via MCMC’s internal agencies or other enforcement agencies, such as the Royal Malaysian Police,” said Zulkarnain.

He said MCMC’s authority allows it to search, raid and confiscate any equipment or material relating to the investigation.

This is to expedite the next step, which is either a charge in court or compounding.

This is made possible by a close collaboration among MCMC, the police and the Attorney-General’s Chambers.

The reduced length of time it takes for MCMC to settle an investigation is testimony to the improved efficiency of the agency.

In 2015, its Forensic Department required around 20 days to settle a case.

Today, it takes 14 days. Its Intelligence Department, meanwhile, managed to halve the time it took from 14 days to seven.

Improper use

The most significant improvement is seen in its Investigative Department, which used to spend 30 working days on a case. Today, the time is reduced to 14 days.

Despite the improvements made within a year, MCMC aspires to continue working towards upgrading its work processes, facilities and manpower.

Zulkarnain explained that taking legal action against social media abuse was not something new as it was also the practice of other countries.

Taking the United Kingdom as an example, he said that the country also took legal action on social media users found guilty of spreading offensive content.

Section 127 of the UK Communications Act 2003 explains that a person can be found guilty of an offence for the improper use of public electronic communication network.

Among them are if the messages sent are found to be “grossly offensive or of an indecent, obscene or menacing character”, or “causing annoyance, inconvenience or needless anxiety to another”.

Section 1 of the UK Malicious Communication Act 1998 also finds it an offence to send letters or other communication messages with the intent to cause distress or anxiety.

MCMC has for several years now conducted programmes to develop “digital citizens” who are wise in their usage of digital media.

Among the programmes are ‘Klik Dengan Bijak’, ‘Check Your Label’, ‘Malaysia ICT Volunteer’, ‘Mobile E-Waste’ and ‘Smart Community’.

It hopes to teach Malaysians to use the internet with the principles of the Rukunegara in mind, in addition to developing the ability to assess, explore and develop a variety of media content and services.

- Bernama