Malaysia accuses Telegram of violating the law

Telegram is in court again as the Malaysian Communications and Multimedia Commission (MCMC) accuses the platform of permitting the dissemination of content that violates the country’s laws. 

According to updates shared by Malaysian communications regulators on Thursday, they have obtained a temporary court order against the messaging service and two channels guilty of infractions on the platform.

Malaysia says Telegram has been negligent

The Malaysian Communications and Multimedia Commission reportedly pushed for the court order against Telegram because the platform has refused to address content that has been repeatedly reported to it.

The two channels causing concerns, “Edisi Siasat” and “Edisi Khas”, have been reported by officials to have “the potential to undermine public trust in national institutions and disrupt societal harmony.”

As a result, a Malaysian high court granted an interim injunction order to halt the spread of the harmful content and prevent the re-publication of similar content. However, it did not specify the nature of the harmful content.

“Telegram will be given a fair opportunity to present its defence in line with the principles of justice and fundamental rights”, the commission said in a statement.

Malaysia’s social media law became effective recently

The legal action Malaysia’s communications regulator, the Malaysian Communications and Multimedia Commission (MCMC) has taken against Telegram raises eyebrows as it’s the first civil action of its kind against a social media platform in Malaysia.

The legal move comes after Malaysia’s social media law, which requires platforms with over 8 million users to obtain a license or face legal consequences, became effective in January.

The law’s primary aim is to tackle rising cybercrime following a sharp increase in harmful social media content, including online gambling, scams, child pornography and grooming, and cyberbullying.

With the law in place, Telegram now has to balance its global privacy standards with local regulatory demands, a feat it is having trouble achieving.

Telegram has yet to respond, but based on its history and operational principle, it is likely the platform will attempt to resist as it has consistently positioned itself as a privacy-focused platform resistant to government overreach.

In fact, in 2023, when Malaysia brought up the subject of scams and illegal content, Telegram’s spokesperson, Remi Vaughn, said the platform would not engage in “any form of political censorship” while asserting it actively moderates harmful content like illegal substance sales and public pornography.

Since the Malaysian Communications and Multimedia Commission (MCMC) has promised Telegram a “fair opportunity to present its defense,” the platform is likely to challenge the injunction in court.

The Durov-led social messaging service might argue that the content on the channels “Edisi Siasat” and “Edisi Khas” does not violate its terms or Malaysian law, or that the government’s demands come close to infringing on free expression.

It is also possible for Telegram to ignore or minimally address the court order, especially since it operates outside Malaysia, but this could lead to escalated actions, such as access restrictions.

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