Online Safety Bill: A Flawed Approach to Addressing Online Harms
The Online Safety Bill, passed by the Dewan Rakyat last month, aims to combat harmful content such as cyberbullying and child exploitation without infringing on constitutional rights. However, Canadian human rights lawyer Toby Mendel argues that the bill lacks a structural framework to effectively address systemic issues related to online harms.
A Lack of Clarity
Mendel, executive director of the Centre for Law and Democracy, spoke at a forum organized by the National Union of Journalists, highlighting the bill’s insufficient approach to tackling online harms. He emphasized that a more structural approach is needed to address these challenges.
A Comparative Analysis: The European Union’s Digital Services Act 2024
Mendel cited the European Union’s Digital Services Act 2024 as an example of effective regulation. This act requires online platforms to conduct annual due diligence assessments in terms of human rights, which would be used later to strengthen regulations. These assessments evaluate the impact of their operations on areas such as children’s rights, freedom of expression, privacy, equality, health, and elections.
Challenges in Implementation
Although Mendel acknowledged that Malaysia faces certain challenges in adopting a similar structural approach, he warned that the current version of the Online Safety Bill is unlikely to deliver the desired results. He noted that social media platforms already possess tools and measures to address harmful content without resorting to removal, such as refraining from promoting or boosting such content to users.
NGO Concerns
Non-governmental organizations (NGOs) such as Article 19 and the Centre for Independent Journalism have expressed concerns about the bill’s vague definition of "harmful" content, which could include anything not illegal and also those considered "legal but harmful." This could result in increased "lawful content" being taken down from the internet.
Conclusion
In conclusion, the Online Safety Bill requires a more comprehensive and structural approach to address online harms. The bill’s current approach is insufficient, and it is essential to adopt a more effective regulatory framework that balances the need to address harmful content with the need to protect constitutional rights.
FAQs
Q: What are the concerns about the Online Safety Bill?
A: The bill lacks a structural framework to address online harms, and its vague definition of "harmful" content could result in the removal of "lawful content" from the internet.
Q: What is the European Union’s approach to online regulation?
A: The European Union’s Digital Services Act 2024 requires online platforms to conduct annual due diligence assessments in terms of human rights, which would be used later to strengthen regulations.
Q: What are the concerns about social media platforms’ tools and measures to address harmful content?
A: Social media platforms already possess tools and measures to address harmful content without resorting to removal, such as refraining from promoting or boosting such content to users.