Social media providers may be ok with the new social media regulations, but what about agencies?

The Malaysian communications and multimedia commission (MCMC) has been cracking down on social media and messaging platforms as of late.

Most recently, it was revealed that all social media services and internet messaging services with at least eight million registered users in Malaysia must apply for a class license beginning 1 August.

According to the MCMC, failure to obtain a class licence under the communications and multimedia act 1998 after the effective date would be considered an offence. It will come into effect on 1 January 2025.

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Following which, communications minister Fahmi Fadzil said social media platforms he spoke to have responded positively to the need for licensing under the new regulatory framework.

He added that the various platforms he met have acknowledged the need to comply with Malaysian law and are willing to participate in the process.

While social media platforms themselves are seemingly in agreeance, what are social media professionals in Malaysia saying?

In conversation with A+M, Rengeeta Rendava, founder and managing director of Mad Hat Asia called the crackdown a "big move", adding that it is good that efforts to tackle misinformation and harmful content are being taken.

However, Rendava cautions that it should not turn as a tool to suppress free speech.

"Social media is wild and protecting people from cyberbullying and fake news is imperative. People's lives and livelihoods are equally at stake," said Rendava.

"However, there's a need to ensure also that there isn't overreach, that this doesn’t turn into a tool to suppress free speech," she added. 

"There’s a real risk that these rules could be used to shut down voices that the government doesn’t agree with, and that’s a slippery slope that must be avoided."

Rendava's views are echoed amongst many other social media players, including Dan Iskandar, co-founder of DNA Creative Communications who said, "social media has undeniably become a breeding ground for misinformation, hate speech, and cyberbullying, which can have severe consequences for individuals and society. Proactive measures to mitigate these issues are essential."

However, the proposed actions raise significant concerns regarding the potential infringement on freedom of speech. This is especially since definition of terms such as "offensive," "intimidating," and "outrageous" can be subjective and open to interpretation, leading to potential overreach and censorship.

Dan added that a "delicate balance must be struck" between protecting users from harmful content and safeguarding fundamental rights. This is especially since social media platforms already grapple with content moderation challenges, and government intervention could exacerbate these issues.

"There's a risk of creating a chilling effect on discourse, where users may self-censor due to fear of repercussions," explained Dan.

The impact on social

According to Dan, the regulations could "significantly alter the social media landscape." He is of the opinion that stricter regulations may lead to increased censorship, limited free speech and a potential bias in content moderation.

On a wider scale, this could also discourage foreign investment, drive users to alternative platforms, and impact businesses' ability to reach their target audience, said Dan.

Of course, it goes without saying that social media platforms would be directly impacted too. In an interview with CNA, Fahmi said that platforms run by Meta - Facebook, Instagram and WhatsApp - boast high compliance rates in Malaysia, ranging from 79% to 88%.

Meanwhile, TikTok's compliance rate dropped to 76%, Telegram at 65% and X, formerly known as Twitter, performing the lowest with 25%.

However, social media platforms are not the only ones that will be affected by the new regulations, said Wai Sim Liew, general manager of Havas Malaysia.

According to Liew, content creators and brands will also have to exercise more responsibility on their respective parts to be more respectful, considerate and understanding of where they operate in.

"There’s a greater need to take into account the local culture be it about the people, their behaviours, beliefs and customs that’s ingrained in society," said Liew.

Liew explained that agencies "for the longest time" have been practicing self-regulation and taking steps to pre-empt of supplement governmental rules and guidelines, adding that: 

"This change will only cement the need for agencies to continue with what they are doing and work together with the social media providers as well as the government to ensure the collective goal is met."

Navigating a new social space

When navigating this new landscape, people and agencies will both have to balance the need to comply with regulations, without losing authentic voice.

"This could lead to more responsible content, but wrongly implemented would mean less diversity in opinions," said Rendava.

In addition, agencies need to stay on top of these developments and get involved in discussions with the MCMC. She added that it's imperative that MCMC and all relevant parties make it a priority to engage with relevant groups, including agencies, to help shape policy and successful implementation.

"Transparency is key, clear guidelines that can be relied on and confidently implemented with clients etc is incredibly important," said Rendava.

"Internally, agencies need to step up training on familiarity and compliance, whilst still being creative and engaging. The biggest concern I have is the plummeting of risk taking by clients, thereby reducing creativity in the industry," she added.

Meanwhile, Steven Yap, head of digital and operations at Kingdom Digital, said that users have to educate themselves on how to evaluate information and to follow trusted brands with blue-tick verification badges.

As for agencies, Yap said the focus should be on "building trust for our clients' brands with authentic, credible, and trustworthy content."

"It's important to stay on top of new rules and ensure our teams understand the guidelines. We need to check content before publishing and have a plan in place to handle any issues that arise," said Yap.

Using AI tools for content moderation and verification can also make this process easier, added Yap.

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