A legal analysis of digital expression and online content regulation in Malaysia

Abstract

Vision 2020 sets a high expectation to develop Malaysia into values-based information society in its own mould through ICT integration. In this model, Malaysian society was aspired to grow with local customs, moral and religious values preserved through maximising the benefits of the Internet. Consequently, the growth of communication and multimedia industry led to the development of right to digital expression in Malaysia. This research aims to (1) analyse the scope of digital expression within the theory of information society, (2) to identify and examine the threats posed by content risks online particularly towards children as torchbearer of the Vision 2020, (3) to scrutinise the comprehensiveness and efficiency of the existing legislations including technical measures in balancing digital expression and online content regulation and (4) to examine and analyse the implementation and the efficiency of self-regulation as mechanism for balancing content regulation and digital freedom. Qualitative approach with doctrinal and non-doctrinal methods were applied to achieve the above objectives. Research have shown that digital expression elevated Malaysians to greater heights in the exercise of freedom of expression online, which allows interactive retrieval and sharing of knowledge across geographical boundaries. However, literatures have also shown that benefits offered through the Internet were misused to spread content risks online in the form of prohibited contents such as pornography, violence, and hatred, which injures the aspirations of Vision 2020 to become an information society that preserves cultures, moral and religious values. This study also reveals that the present self-regulation scheme practiced in the Internet industry in Malaysia exposes its netizens further to content risks online due to legal and technical gaps that existed within. Hence, this study proposes for necessary amendments in relevant legislations and practices towards co-regulation of Internet content.