In a statement today, the agency said interactions in platforms like WhatsApp, WeChat, Viber and Telegram were considered private, but users should exercise caution when using these “for their own protection”.
It said that even though an administrator may not have made any inappropriate comment, the act of soliciting it from someone else would make him liable.
The administrator would also be held responsible if he had seditiously assisted anyone in the group to make the comment, or if he obstructed investigations on such comments by any enforcement agency, it added.
The statement said an investigation into such a case would not differentiate between the administrator and ordinary member of the group, with both being subject to legal action if found propagating fake information.
“On this matter, the MCMC will consider the need to have guidelines for use of message applications and the like,” the statement said.
“At the same time, the public is urged to be constantly well-mannered in using social media for their own protection.”
It said both administrators and ordinary members need to be mindful when spreading information from their respective groups so that it did not become a case of dissemination of false information.
It said such an act would be an offence under Malaysian law, including section 233 of the Malaysia Communications and Multimedia Act 1998.
“It becomes an offence for a person to use an application like WhatsApp to perform and begin the delivery of whatever comment, request, suggestion or other communication that is obscene, indecent, fake, threatening or disgusting with intent to hurt feelings, abuse, threaten or disturb others,” the statement said.
An administrator may be held responsible for these acts under section 233, based on the facts, evidence and conduct recorded, it added.
On Wednesday, Berita Harian reported deputy communications and multimedia minister Jailani Johari as saying that action would be taken against administrators of WhatsApp groups who failed to curb the spread of fake news. He said those who were caught and proven to be spreading false news would be charged under the Communications and Multimedia Act.
“The administrator will be brought in for questioning, and whether the person will be charged or not will be judged on a case-to-case basis,” he said.
The report sparked the widespread circulation of a disclaimer notice distancing group admins from any offending content in WhatsApp messages.
The notice read, “I and other group admins do not allow or support any form of WhatsApp messages that display information that is pornographic, incorrect, libellous, seditious, false or inappropriate and as determined in accordance with/by the Communication and Multimedia Act 1998. All WhatsApp messages displayed by individuals or myself in this group are not my responsibility; it is the responsibility of every individual in this group.”