Can the government ban Facebook?

PERIODICALLY, the spectre of Internet censorship is raised under the benign guise of regulating the internet.

In 2009, leaked documents revealed the governments call for a tender involving the installation of Internet filters. The tender was later cancelled. A year later, the Malaysian Communications and Multimedia Commission (MCMC) engaged KPMG to research the Study on Positive and Safe Use of the Internet. It revived concerns that the government was once again looking to censor the Web. In 2011, MCA President Datuk Seri Dr Chua Soi Lek called for more effective control over online media content.

Social media, particularly Facebook, have not been spared the threat of censorship. In 2010, Umno supreme council member Datuk Seri Dr Shahidan Kassim said Facebook should be blocked as it posed a threat to national security. This year, Kinabatangan MP Datuk Bung Mokhtar Radin took the MCMC to task for failing to control social media. Recently, Tun Dr Mahathir Mohamad even said he regretted guaranteeing internet freedom when the Multimedia Super Corridor (MSC) was set up in 1996.

Which brings us to the MSC 10-point Bill of Guarantees (BoG), wherein the governments promise to ensure no censorship of the internet is stated. With all the recent threats of censorship, just how watertight is this promise?

(sxc.hu)

They have the tech

It is clear that the MCMC can instruct Internet Service Providers (ISPs) to prohibit access to certain websites or specific types of content, including specific YouTube videos. This capability has been documented online by the Sinar Project and was clearly observed during the recent general election.

If the government already has the technological ability to censor and disconnect Malaysian digizens from certain parts of the internet, what is there to stop them from blocking access to certain sites, like Facebook, entirely?

While Guarantee No. 7 in the BoG states that the government will ensure no censorship of the internet, the preamble of the BoG makes it clear that this guarantee is not legally enforceable. The simple reason is that it is not law in any form.

The BoGs reflects the governments intention to provide an environment in MSC Malaysia that is conducive to the development of MSC Malaysia Status entities. The incentives, rights and privileges granted pursuant to the BoGs are subject to requirements under relevant laws and regulations, the preamble states.

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Can the government ban Facebook?