Social Media Rudeness Will Not Be Tolerated in Malaysia!
Dear friends,
Bullying and defamation of any sort, including the online variety, is definitely something not to be tolerated. It should never be encouraged in any shape or form. Thus, I am very happy and appreciative to have come across this article and to read about what the Malaysian government is doing for its people. Malaysia is really at the forefront for protecting people online.
I would like to thank the Malaysian government for protecting its citizens during times like these when social media is heavily utilised by users all around the world for good and bad purposes. Due to its prevalence, it is unavoidable that we will come across people with unknown intentions from time to time. That is when policies like this will come in handy. It is good foresight by our Malaysian government and I welcome this very much.
I hope that with this new policy, Malaysian netizens will enjoy a more peaceful and harmonious online existence with minimal damage, abuse and harm. Thank you Malaysia!
Tsem Rinpoche
In Malaysia, Shaming Someone on Social Media Could Land You in Jail
JS Lim | 07 August 2017
In Malaysia, shaming someone on social media could land you in jail
You’re out for lunch. You’ve just finished your usual meal and are walking to your car. Then you see this.
Image from ohmymedia
The double parker didn’t leave a phone number, and doesn’t rush over to your honking. About 15 minutes later, they stroll over casually. You’re angry and confront them, but they have the cheek to tell you off: “What’s your problem? Cannot wait ah?”
Furious, you quickly take a picture of the nasty double parker and their car before driving off. Time to post on social media and let the world know about this (insert swear words here) person!
Or should you?
Many of us take to social media to complain about nasty bosses, unreasonable boyfriends and girlfriends, the annoying double parkers, and everything else. But this keyboard warrior-ing could get you into big trouble with the law, especially if you don’t know what can and cannot be said.
That’s exactly what happened to 3 posters on the MMU confessions Facebook page, who got reported to the police and are now being investigated under Section 499 of the Penal Code for defamation. So, what is defamation and when are published posts considered defamation?
You Can Be Sued for Defamation
Image from geekwire
Simply speaking, defamation is a statement made to damage another person’s reputation. The victim can sue their defamers for compensation.
How do you prove that someone is defamed? According to the case of Ayob Saub v TS Sambanthamurthi [1989], there are 3 elements that must be proven:
- There is defamatory material (it lowers someone’s reputation in the eyes of the public)
- The content of the material is about them or identifies them (whether it’s words, a photo, a song, etc.)
- The material was published to people other than that person
Implied meanings or “innuendos” will also be considered defamatory. For example, if you say “Jerry goes to massage parlour X a lot” and it is known that the parlour provides “happy endings”, your statement can be considered defamation. Even if you don’t say it directly, it’s easy for people to conclude that Jerry has a rather “interesting hobby”.
No, It Doesn’t Matter Whether You Use Their Name or Not…
A misconception a lot of people have is that it’s not defamation if the person is not named. This is somewhat true, but if there is enough information that they can be identified, it will still count. Examples would include:
- “That tall, handsome editor from AskLegal” – There’s only one editor at AskLegal
- “The male noodle seller from Shop X who shouts at people” – You specify the person enough that a visitor immediately knows who they are
As long as some people can figure out who that person is, it’s defamatory.
So, What Can I Even Say?
Remember the guidelines for online group admins that the Malaysian Communications and Multimedia Commission (MCMC) published back in May? The guidelines have no force of law alone, but they were designed to help us follow the law.
Image from MCMA’s Facebook page
You can say a lot, just subject to some rules. Just this weekend (5 August 2017) there was a bizarre road bullying case where the victim took to the lowyat.net forums, reporting the facts of what happened – his post is fully legal (so follow his example). Generally, these are examples of things you can and cannot say:
Things You Can Say:
- Established truth (if a person is a convicted criminal, you can call them a criminal)
- Your fair and honest comment (no bad intentions)
- Complaint to a higher authority (such as making a police report, or reporting a kid to their parents)
- Protecting someone’s interest (eg. telling your staff to cut off supplier X because they never pay on time)
Things You Cannot Say:
- Rumours and lies
- Speculation about a person (eg. “she dresses so well; must be some rich spoilt brat”)
- Attacks on a person’s character
On Top of That, You’re Also Breaking 2 Laws
Normally, defamation is a civil case (a lawsuit) where the victim sues you for compensation for damage to their reputation. But because of some federal laws you are breaking, the government can also choose to come after you.
The First Law – The Penal Code
Section 499 of the Penal Code makes it a crime to defame another person:
“Whoever, by words either spoken or intended to be read or by signs, or by visible representations, makes or publishes any imputation concerning any person, intending to harm, or knowing or having reason to believe that such imputation will harm the reputation and shall also be liable to fine of such person, is said, except in the cases hereinafter excepted, to defame that person.”
There are 10 exceptions complete with real-life examples in Section 499 of the Penal Code.
The penalty for defamation? It’s ruled by Section 500 to be up to 2 years in prison, a fine, or both. Note that the fine amount is not stated; this means that it is theoretically unlimited. Each case of defamation is unique to its facts and generally, the more serious the defamation and the more high-profile the person involved, the higher the compensation will be. For example, tycoon Tan Sri Vincent Tan was awarded RM7 million against journalists in one case as a high-profile business owner who would suffer major loss if his reputation was wrongly stained.
The Second Law – The Communications & Multimedia Act 1998
Other than the Penal Code, Section 233 of the Communications & Multimedia Act 1998 makes it an offence to use a network service or app for improper purposes.
Communications & Multimedia Act 1998 – Section 233 in part
(1) A person who—
(a) by means of any network facilities or network service or applications service knowingly—
(i) makes, creates or solicits; and
(ii) initiates the transmission of,
any comment, request, suggestion or other communication which is obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass another person; ……commits an offence.
Yes, this includes posting defamatory remarks on social media. The penalty for such an offence is a fine up to RM50,000, 1 year of jail, or both.
You Can Also Get in Trouble for Sharing a Defamatory Post
GIF from KnowYourMeme
This is where things get rough for keyboard warriors. Every single repost or share of a defamatory statement is an extra publication, and so every single person involved can be named in the lawsuit by the victim, and prosecuted by the government as well. Yes, 700 shares means 700 people can get sued. This applies whether you are a group admin or a normal user.
This rule was established back in 1829 in the case of M’Pherson v Daniels. Any person republishing a defamatory statement is also responsible to make sure that such a statement is true and fair, and will so be liable for defamation as well. They cannot say that they are just reposting what someone else has said or they are not responsible for what the original poster said. This is because they chose to share the defamatory statement.
With Great Power, You Still Shouldn’t Defame Others
The Freedom of Speech guaranteed by Article 10 of the Federal Constitution is not absolute, and certainly doesn’t extend to the right to spread lies about others. The Golden Rule is very apt here: do unto others as you would to yourself. While telling others to watch out for a conman can be seen as looking out for others, it’s different if we spread lies about the conman, even if he’s not a nice person. The other way to see it is that two wrongs don’t make a right.
Before posting about people you find nasty on social media, think of the consequences and refrain from adding insults to your facts. Use social media responsibly people!
Source: https://asklegal.my/p/in-malaysia-shaming-someone-on-social-media-could-land-you-in-jail
For more interesting information:
- Be careful of what you post online
- My social media image was a lie
- Victory over Online Hate
- Why so rude?
- Should We Delete Our Facebook Accounts?
- Why is she putting the Dalai Lama down?
- Tolerance Tweets
- Rudeness Is a Neurotoxin
- They want to kill me
- Will the Dalai Lama agree with this?
- Twitter Is Stepping Up Its War Against Online Abuse
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If you are in the United States, please note that your offerings and contributions are tax deductible. ~ the tsemrinpoche.com blog team
I think it is very important that our government has the foresight and take strict action against rudeness and cyberbully in social media. While online provide lots of opportunities for many sectors but it also comes with threat if we abuse the functions. Many people are not responsible when sharing information and some may intentional use it to defame, instigate or even create hatred against others. We as user have to be wise in our actions or we will be fine by the government for wrongly sharing or exposing info. Glad our local authority taken steps to prevent before it the negative impact get worse.
No cyber bullying please be aware of these rules in Malaysia.
It is good to have these rules to protect people from abusing others in the social media platform. Refrain from being rude and not to defame others. Always be courteous and polite. In this way we will not get into trouble with the law.
Dear friends,
This meme is powerful. Who you hang around with and the types of attitude they have is who you will be influenced by many times and who you will become in the future. Look at your friends and the people that always surround you to know who you will become.
Tsem Rinpoche
Thank you Rinpoche for sharing this article. It is a relieve to k ow that our Malaysian government are taking steps to prevent people from misusing social media to hurt others. It is good that these laws are being put in so that online users will be more careful when they post something online on social media. Any wrong doings by the users will be jailed or fined. Let us live harmoniously.
With folded palms,
Vivian
People on social media tend to exaggerate things more often than not, it is almost a mentality that no one can make mistakes. Everybody can make mistakes from time to time. There is no need to try and shame others, by shaming others, it might make the person being shamed even more adamant to do what is wrong and incorrect.
There is a serious need to consider the impact of fake news,abuse individual insults and so forth. Recently there is a number of cases been exploited.
Asia seem to be leading.the way with a higher share of internet users and social media penetration. Social media made everyone a journalist and millions of people can express whatever they believe in. Its a wonderful news that our very own Malaysia government are setting up tider laws to curb and do more to stop abusing on social media. With these whoever uses in a wrong way will fine or prosecuted recording to the offence.Hence think of the consequences and refrain from adding insults to your facts. Be responsible for whatever you posted.
Thank you Rinpoche for sharing these wonderful news.
Social Media is a powerful platform but as always can be abused and many have suffered from bullying and abuse with extremely adverse results. I have heard of suicides committed due to pressure of bad publicity induced on individuals.
It is very responsible for the Malaysian government to put a stop on the bad effects of social media. As the internet is borderless, national surveillance is even more powerful when aligned with international surveillance. As such I hope that such alliance is forged to combat the bad effects of social media.
As social media is powerful tool, may all the surveillance in place serve to create a society of conscious community living where there is good social ethics and respect for all.
I wish the Malaysian government success in curbing social media rudeness.
Certainly great news and there are laws in Malaysia that governs the responsible use of media (on line and off line, print or otherwise). The regulations are need to safeguard and preserve the harmony amongst the people in the country.
I believe that all those who are abusing, defaming, name calling, cursing, hate mongers, etc. who are constantly harassing our Guru, Kechara members and all those who choose to practice Dorje Shugden, should seriously re-consider their actions. This article is a good wake up call to create awareness that there are laws in Malaysia that regulate and protect its citizens.
I agree that a law is only as good as its enforcement, but let it be known that in Malaysia, all the regulations shared here have been used against wrongdoers and the enforcement is as good as the law itself. Be aware.
Thank you Your Eminence for sharing this.
Humbly,
Lum Kok Luen
This is welcome news for everyone, especially those who have been maligned mercilessly on the internet. The internet has become such a prominent aspect of modern life and there is hardly anyone who is not in one way or another, a citizen of the global social media community.
If Social Media were to be a country of its own, it would no doubt the most populous and powerful and yet it is a lawless nation. Much like the wild wild west of old, social media is controlled by a few digital barons who are the service providers who answer to only one thing – numbers of subscribers (which translate into dominance of the internet and dollars). Also powerful are those who are quick to the keyboard and fast with their fingers.
The law in the meantime, looks completely impotent in controlling this behemoth. The attrition is justice and truth and credibility has been redefined and is now measured as #ranking on Google search. In other words, popularity determines truth, and in that, the global society becomes more knowledgable but much less wise and discerning.
It is commendable that the Malaysian authority has set out to bring social media conduct under the law, but these laws have real bite only when the public invoke them and prosecutors empower them with application.