Social media is very powerful, old laws no longer protect us: former judge

Upcoming enforcement of social media licensing here should ensure the use of discretion in addressing emerging issues

11:00 AM MYT

 

KUALA LUMPUR – Former Federal Court judge Tan Sri James Foong Cheng Yuen has expressed his full support for Australia’s move to enforce a ban on individuals under the age of 16 from using social media.

He concurred with the former chief justice Tun Zaki Azmi that social media platforms have become so powerful that anyone can send a message.   

“The only way to stop this is through the five major industry players, the platform owners like Meta, Instagram, TikTok…and that is why I fully support Australia’s ban on under-16s from using social media.   

“In my view, this is the first step and there will be more to come. The laws we have are outdated and no longer capable of protecting us,” he said.   

James and Zaki were guests on Scoop’s podcast Trick Lama recently.   

Trick Lama is spearheaded by Big Boom Media Group’s editor-in-chief Terence Fernandez, chief executive officer Datuk Zainul Arifin, and group executive director Datuk Ahirudin Attan.   

Trick Lama hosts, comprising Big Boom Media group editor-in-chief Terence Fernandez (second from left), chief executive officer datuk Zainul Arifin (right), and group executive director Datuk Ahirudin Attan (left), took a moment to capture memories with their special guests, former Chief justice Tun Zaki Azmi (centre) and former Federal Court judge Tan Sri James Foong Cheng Yuen (second from right). – Scoop pic, December 11, 2024

In November, Australian lawmakers passed regulations banning children under 16 from using social media, one of the strictest measures in the world.   

The law, approved by the Australian Senate, also proposed heavy fines of up to AU$50 million (US$32 million) for platforms that fail to comply with the rules.   

Meanwhile, Malaysia is set to implement the licensing of social media platforms starting January 2025 to address internet-related issues, particularly cyberbullying and online crimes.   

In August, the Malaysian Communications and Multimedia Commission (MCMC) announced that all social media and internet messaging services with at least eight million registered users in the country must apply for a Class Licence for the Provision of Application Services under the Communications and Multimedia Act 1998.   

Zaki, on the other hand, said that the forthcoming social media licensing must ensure the exercise of discretion in dealing with arising issues.   

He said the legislation or regulations established must clarify when and how to suspend the operating licence of a platform.   

“As with all forms of licensing, it ultimately depends on how discretion is exercised in handling issues or when and how to stop suspending their (media platforms’) licences.   

“If social media is misused, that’s the downside everyone faces. When will it stop? Ultimately, it’s the public who must decide.   

“Take Uber as an example. I told the Investment, Trade, and Industry Minister Datuk Seri Tengku Zafrul Abdul Aziz, that it was illegal to allow Uber because they operated vehicles without proper licences or insurance coverage.   

“Look at what happened now (to Uber) –  the power of the people is so strong that laws can be thrown out the window. Ultimately, the voice of the people is the most important,” he said. – December 11, 2024 

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