Set up independent commission to enforce online safety bill, says group

PETALING JAYA: The Online Safety Advocacy Group (OSAG) has urged the government to establish an independent commission to enforce the online safety bill once it is passed.

The group said that for an online content-regulatory framework to have legitimacy, it must be overseen by a regulator that is free from political or commercial interference.

It advised against entrusting the enforcement of the bill to the communications ministry or the Malaysian Communications and Multimedia Commission (MCMC).

“At present, MCMC lacks independence and the necessary expertise to manage online safety effectively,” it said in a statement.

The group comprises 17 civil society organisations advocating for freedom of expression, child rights, gender equality, and women’s rights, as well as researcher Maha Balakrishnan.

The CSOs include the Centre for Independent Journalism, Voice of the Children, Women’s Centre for Change, Sisters in Islam, and Sinar Project.

The group said the independent, multi-stakeholder commission must have the necessary technical capacity, and given autonomy and power to oversee and enforce the law.

It said the commission should include representatives from civil society and experts, and ensure fair and transparent enforcement, balancing public safety with the protection of human rights.

“This body should be empowered to regulate social media companies and internet service providers, ensuring that users’ rights to privacy and free speech are safeguarded,” it said.

The group also suggested that the offence of cyberbullying should not be dealt with under the Penal Code.

“Instead, laws against cyberbullying should be in a separate, specialised legislation and should meet three criteria – clearly distinguish between adults and children, clearly define the related harm, and ensure the sanctions are necessary and proportionate to the related harm,” it said.

It urged the government to ensure that any regulatory framework effectively safeguards children and society at large, while being sensitive to potential overreach that could stifle public discourse, infringe on privacy, or limit access to information.

“Achieving this balance is essential for a safe and open digital environment where children and society are protected while fundamental freedoms are upheld,” it said.

On Monday, deputy law and institutional reform minister M Kula Segaran said the online safety bill, which aims to ensure a safe online environment for all Malaysians, will be presented to the Cabinet for consideration soon.