Speaking at a forum organised by the National Union of Journalists, the executive director of the Centre for Law and Democracy argued that the bill’s current approach is insufficient to tackle these challenges, and a more structural approach is needed.

Mendel cited the European Union’s Digital Services Act 2024 as an example of effective regulation, as it requires online platforms to conduct annual due diligence assessments in terms of human rights, which would be used later to strengthen regulations.

“These assessments evaluate the impact of their operations on areas such as children’s rights, freedom of expression, privacy, equality, health, and elections,” he said.

Implemented early last year, the Digital Services Act mandates large platforms across EU member states to comply with these obligations.

Although Mendel acknowledged that Malaysia faces certain challenges in adopting a similar structural approach, he warned the current version of the Online Safety Bill is unlikely to deliver the desired results.

Law and institutional reform minister Azalina Othman Said was previously reported as saying that the Online Safety Bill, passed in the Dewan Rakyat last month, targets harmful content such as cyberbullying and child exploitation without infringing on constitutional rights.

However, NGOs such as Article 19 and the Centre for Independent Journalism pointed out that the vague definition of “harmful” content could include anything not illegal and also those considered “legal but harmful”, which would likely result in increased “lawful content” being taken down from the internet.

Mendel said social media platforms already possess tools and measures to address harmful content without resorting to removal, such as refraining from promoting or boosting such content to users.