DigiMon: Responding and analyzing threats to digital rights
Keeping the Internet open and free from emerging threats. Tags: Human Rights Online, Freedom of Expression Online, Digital Literacy, Cybersecurity, Security, Privacy, Surveillance
Summary
Digital Rights Monitoring (DigiMon) is an initiative by Sinar Project to monitor the incident on digital rights violation. DigiMon leads the efforts of incident reporting verification and documentation on digital rights violation. We study, analyzing and solve problems with widespread cybersecurity implications, circumvent online and digital censorship mechanisms.
Justification The situation of repression of freedom of expression online in Malaysia is escalating, whereby the current government facing corruption investigations that are being investigated and reported worldwide, is trying to control news and public discourse online. All independent free media are Internet based in Malaysia and their reporting have lead to persecution of these journalists including confiscation of their digital devices. There is a strong need to urgently provide training for them to be able to both protect their sources online and offline on digital devices and to be able to keep publishing online.
● 22 April 2016: Malaysian exjournalist Azrul Mohamed Khalib expected to be charged with sedition for setting up online petition. ● 8th April 2016: Member of Parliament Rafizi Ramli charged with violating Official Secrets Act for leaking and publishing excerpt from Auditor General report on 1MDB. ● 13 March 2016: ABC Four Corners team arrested in Malaysia over reporting on corruption allegations. ● 31 March 2015: The Malaysian Insider's chief executive, and publisher of business daily The Edge, and 3 reporters were arrested under Sedition Act for news report on Islamic Law. ● 3 September 2014, 3pm: Malaysiakini journalist Susan Loone has been arrested under the Sedition Act over her interview with Penang executive councillor Phee Boon Poh. ● 4 September 2015: Deputy Public Prosecutor, Kevin Morais who involved in investigation on controversial state investment firm 1 Malaysia Development Berhad (1MDB) murdered. ● Media sites and blogs under Government censorship: http://digimon.sinarproject.org/incidents
Background
Malaysians have always had a free Internet due to Bill of Guarantees since the late 90’s that promises no censorship of the Internet. With increasing access and use of the Internet, and rise of social media and publishing platforms, the Internet has allowed Malaysians to freely associate, publish and discuss issues. With the decreasing relevance of offline media, the government now has sought to start curtailing these freedoms by extending draconian offline publishing and media laws to apply to online activities but with stricter punishments.
Malaysia is a Federal Constitutional Elective country with Westminster Parliamentary System. Malaysia has population of around 30.5 million, with 67.5% of internet penetration as of 20141, among the highest in the region. More than 80 percent of Internet users live in urban areas, and penetration remains low in less populated states in East Malaysia.
The right to freedom of speech and expression is guaranteed under Article 10 of the Federal Constitution of Malaysia. However, the rights of free speech and expression has immediately constrained by Article 10(2)(a) “as its deems necessary or expedient in the interest of the security of the Federation or any part thereof, friendly relations with other countries, public order or morality and restrictions designed to protect the privileges of Parliament or of any Legislative Assembly or to provide against contempt of court, defamation, or incitement to any offence.”
As of November 2015, there were 37 incidents where an individual have been investigated, arrested, charged and/or punished under the Communication and Multimedia Act (CMA) and over 200 incidents related to the Sedition Act, documented by Suara Rakyat Malaysia (SUARAM)2. Besides, there were also several websites censored by tthe government, which was also violated the freedom of expression as well as the digital rights.
Media Censorship
May 2013 general election, opposition news websites faced cyber attacks, and a list of candidates circulating online was discovered to contain spyware. The Malaysian Insider documented FinFisher’s presence in Malaysia, based on a New York Times report. In response, the MCMC threatened the site with a fine of up to MYR 50,000 or one year imprisonment for false reporting under the CMA.
1 Internet penetration in Asia, 2015: http://www.internetworldstats.com/asia.htm#my 2 SUARAM Human Rights Report 2015: http://www.suaram.net/wordpress/wpcontent/uploads/2015/12/SUARAMHROVERVIEW2015combinedver1.pdf In fact since July 2015, Malaysian government has blocked at least ten websites, including online news portals (Sarawak Report, Malaysia Chronicle, The Malaysian Insider, Asia Sentinel, Medium) and private blogs, for reporting about the scandal surrounding Malaysian Prime Minister Najib tun Razak over his mysterious private dealings with RM2.6 billions.
Also, the suspension of the publishing permit of the Edge Weekly and the Edge Financial Daily for three months over the reports on 1MDB3 and the arrests of Lionel Morais, Amin Iskandar, Zulkifli Sulong, Ho Kay Tat and Jahabar Sadiq were blatant punishment and harassment of the mass media and journalists by the Malaysian government.
In November 2015, Malaysiakini’s office raided over the report that a deputy public prosecutor was transferred out of the Malaysian AntiCorruption Commission (MACC) special operations division4. In the same day, Royal Malaysian Police aided by the Malaysian Communication and Multimedia Commission (MCMC) also visited The Star headquarters over a similar report5. The Communication & Multimedia Act (CMA)
The Malaysian Communications and Multimedia Commission (MCMC) is a statutory body whose key role is the regulation of the communications and multimedia industry. MCMC is empowered to “regulate the converging communications and multimedia industries, and for incidental matters” under the CMA. Besides, the act gives arbitrary scope of authority for the Minister to interpret how to act against the service providers (ISP).
Section 211 of the CMA addresses intermediaries such as ISPs, and section 233 addresses users, both in somewhat similar terms. In both cases, criminal penalties are imposed for 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”. In addition, the CMA is often used in conjunction with the Sedition Act and Penal Code, which who allegedly making insulting comments on social media, and the punishment of RM50,000 in fines and/or 1 year imprisonment if found guilty.
The Sedition Act
The amendment of Sedition Act that added a new section which empowers the court to issue an order to an authorised officer under the Communications and Multimedia Act 1998 to prevent access to such publications if the perpetrator is not identified. Under Sedition Act one can face minimum 3 years’ imprisonment and maximum 7 years’ imprisonment from the maximum of 5
3 Home Ministry suspends The Edge's publishing permits for three months http://www.thestar.com.my/news/nation/2015/07/24/theedgesuspended/ 4 Police, MCMC raid Malaysiakini, seize computer https://www.malaysiakini.com/news/318706 5 Cops, MCMC also raid Star Online office http://www.freemalaysiatoday.com/category/nation/2015/11/07/copsmcmcalsoraidstaronlineoffice/ years’ imprisonment for repeat offenders. Inclusion of aggravated sedition that may carry the penalty of 520 years’ imprisonment. There is also the expansion over the amendment of Sedition Act to cover electronic media possibly including private memos.
The use of Sedition Act together with CMA continues after several popular incidents in Malaysia last year. A Malaysian cartoonist, Zunar who faces 9 charges under Sedition Act over his published cartoon criticised about the corrupted Prime Minister of Malaysia, and Khalid Ismath who faces 3 charges under Sedition Act and 11 charges under CMA over several Facebook and Twitter post regarding the Malaysian Police for abuse of power. In latest case of Government of Malaysia using draconian sedition and communications laws in restricting freedom of expression online, a former student activist Ahmad Shukri Kamarudin has been detained on 1st April, 2016 over allegedly making comments on Twitter insulting the Royalty of Johor state 4 years ago.