00:00To create an environment that supports industrial development,
00:04which takes into account the needs of the future,
00:06as well as to strengthen the safety and protection of the public and children in Thailand,
00:12now is the right time for the Government to pass Act No. 588.
00:17To ensure that the proposal to pass Act No. 588 takes into account every aspect,
00:22the Ministry of Communications has held more than 20 sessions of meetings and consultations
00:28with stakeholders and stakeholders in the local and international industry,
00:34ministries and agencies of the government and state,
00:39institutions of higher education, citizens and media agencies,
00:43non-governmental organizations,
00:46users' associations and telecommunications companies
00:50starting in 2023
00:53to provide explanations in terms of concepts and information on the proposed amendments.
00:58Among the parties discussed, including the Court of Appeal,
01:03Centre for Independent Journalism, Article 19,
01:07Members of Parliament,
01:09Police of the Kingdom of Malaysia,
01:11Bank of Malaysia,
01:12Suruhanjaya Security,
01:14Suruhanjaya Asasi Manusia Malaysia,
01:17Ministry of Home Affairs,
01:19Department of Personal Data Protection,
01:21Anti-Terrorism Agency,
01:23Malaysian Forum and others.
01:27The provisions of Act No. 588,
01:30this 2024 amendment,
01:32not only offers a comprehensive reform of security control,
01:35but also provides a guarantee of safety to internet users in Malaysia,
01:40especially in protecting daily data and transactions
01:43from various violations in the internet,
01:46including sexual exploitation against children.
01:50The main amendments to Act No. 588 include the following aspects.
01:54First, industrial development.
01:57Second, network security.
02:00And third, new media management.
02:03As for new media management,
02:06the relevant phases are phases 3, 10, 80, 81, 91, 92,
02:15111, 112, 115, 116, and 119.
02:22These changes are aimed at, first,
02:25managing air pollution in the internet,
02:27especially social media,
02:29by improving availability provisions,
02:31including Sections 2.111 and 2.33,
02:34and also introducing new provisions,
02:37including banning sending or causing delivery,
02:42or banning the delivery of unasked e-messages,
02:46such as spam,
02:48which is usually a form of fraud or scam.
02:53And second,
02:55strengthening the investigative power to complete MCMC
02:58with sufficient evidence-gathering resources or tools
03:02to prevent misconduct.
03:05The government's rationale for the change to new media management
03:09is as a need to introduce changes
03:12to manage air pollution in the internet.
03:15In this regard, Section 2.33 has been improved
03:20by introducing provisions related to content elements
03:25under Section 2.33.
03:27These provisions aim to improve
03:30and provide guidance to the authorities or investigations,
03:34advocacy, whether there is an accusation or the other way around,
03:38and the courts to assess the content that is accused
03:43and determine whether the provision is not misinterpreted or misused
03:49through court's interpretation.
03:53The government will continue to defend the right and freedom of speech
03:57as stipulated in Article 10 of the Constitution.
04:01The change to this section also
04:04is not false.
04:11The communication that is done with a pure heart,
04:15which is true to the content and facts,
04:18and based on the statement of opinion,
04:20is not too bad.
04:22However,
04:24this freedom is not absolute.
04:26It is even included with responsibilities and restrictions
04:29in order to maintain the harmony and safety of the country,
04:32as stipulated in Article 10 of the Constitution.
04:37Therefore, the change to Article 5.88,
04:40especially Section 2.33,
04:42is to create a balance
04:46between guaranteeing freedom
04:50and defending the rule of law.
04:55Next,
04:57the change to Section 2.33
04:59is to create a balance
05:02between the wrongs committed against children
05:05and the punishment for the wrongs committed
05:08or with the permission of a ceasable offence.
05:11In this matter,
05:12there is a global consensus
05:14that child sexual abuse material,
05:19CSAM,
05:20is a form of violence
05:23and harassment
05:26against children.
05:27And it is not a form of freedom of speech
05:29or expression
05:31that anyone can defend.
05:33Imagine,
05:35every image or visual content of CSAM
05:38that is distributed
05:39depicts the suffering of an actual child
05:43and the suffering is recorded
05:46for the benefit of others.
05:49The government must take action
05:52to control the distribution of the content
05:54and punish the CSAM
05:57for the wrongs committed
05:58by the irresponsible parties.
06:01Therefore,
06:02the special provision under Section 2.33
06:04shows the government's commitment
06:06to protect children
06:08from being victims
06:10under Section 2.33
06:12in line with the government's desire
06:14to create a safer internet environment
06:17especially for children.
06:20Next,
06:21other rationales related to new media management
06:24are to deal with the issue of scams,
06:27spam,
06:28and law enforcement issues
06:30related to cybercrime
06:32that include the source aspect,
06:34the scope of the law,
06:36as well as the need to strengthen
06:38the data and information gathering mechanism
06:40as evidence for the purpose of prosecution
06:43such as the cyber fraud case.
06:45And,
06:46this amendment can help
06:47and enhance the investigation process
06:50especially in the gathering of evidence
06:52from the perspective of preservation,
06:54disclosure,
06:55storage,
06:56and preservation of communication data.
06:58Amendment 588
07:00is not intended
07:01to restrict freedom of speech
07:03but rather to prove
07:04the openness of the government
07:06under the leadership
07:07of the former Prime Minister
07:09in ensuring the right to freedom of speech
07:11including criticizing the government
07:13which is a manifestation of commitment
07:16to the principles of democracy
07:18and human rights.
07:20The criticism must be constructive
07:23along with data and facts
07:25to fulfill the spirit of seeking
07:28and upholding the truth
07:30and not to insult,
07:32incite,
07:33provoke,
07:34defame,
07:36discredit religion and faith
07:39and spread slander.
07:41The right to freedom of speech
07:43will not be restricted
07:44if it is used responsibly
07:47and does not violate
07:48the provisions of the existing law
07:50including taking into account
07:51an expression or action
07:53that goes beyond
07:55the moral,
07:56normal,
07:57and social standards
07:58of the Malaysian society
08:00that is harmonious
08:01with the content of the statement.
08:04Amendment 588
08:06is intended to be seen
08:07as a comprehensive amendment
08:09and not only for the purpose
08:11of infringement of copyright.
08:13On the contrary,
08:14it provides a safer internet ecosystem
08:16that is sustainable
08:18for all users
08:20and free from cyber threats
08:22such as pedophilia
08:23and child pornography,
08:25sexual harassment,
08:26fraud in the internet,
08:28cyber bullying,
08:29gambling in the internet,
08:30and so on.
08:32It is intended
08:33so that this more comprehensive amendment
08:36can deal with the migration
08:38of conventional crimes
08:39into the internet
08:41and we no longer want
08:43to see the environment
08:44in the internet
08:45dominated by
08:46degrading content
08:48and excessively ugly
08:50that is clearly
08:51not in line
08:52with the principles
08:53and principles
08:54of the Malaysian people.
08:56Safety in the internet
08:57becomes the priority
08:58and even the strict
09:00security measures
09:01that are robust
09:02with permission
09:03in the context of the
09:04amendment of Amendment 588
09:06is very important
09:07to support the development
09:08of the industry,
09:09to increase the confidence
09:10of foreign investors,
09:11to create an environment
09:12for business,
09:13to maintain
09:14digital welfare
09:15for children,
09:16and the harmony
09:17of the community
09:18of the Malaysian people
09:19to develop
09:20the country
09:21as a progressive nation.
09:24Self-regulation
09:27in the context
09:28of a world
09:29that is increasingly
09:30connected
09:31digitally
09:32is imperative
09:33through changes
09:34in behavior
09:35or behavioral change
09:37to increase
09:38the literacy level
09:39in the internet
09:40especially among
09:41social media users
09:42to be more mature
09:43and responsible.
09:45In this regard,
09:46all layers of society
09:47regardless of
09:48public figures,
09:50industry players,
09:52content creators
09:54or influencers,
09:55parents,
09:57or children
09:58need to play
09:59their roles
10:00in optimizing
10:01the benefits
10:02of digital technology
10:03and minimizing
10:04the air
10:05that rises
10:06as a result
10:07of misuse.
10:08Let us
10:09jointly
10:10point out
10:11the thinking
10:12of those
10:13who tend
10:14towards
10:15digital fatalism
10:16which is
10:17the perception
10:18that humans
10:19cannot do anything
10:20to control
10:21the advancement
10:22of technology
10:23towards
10:24strict
10:25or agile
10:26regulation
10:27that can
10:28balance
10:29between
10:30the need
10:31to promote
10:32innovation
10:33that is
10:34dominated
10:35by disruptive
10:36technology
10:37with the
10:38protection
10:39of human
10:40welfare
10:41We support
10:42the enactment
10:43of the Law on
10:44Communication and
10:45Multimedia
10:461998
10:47Amendment
10:482024
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