Internet and Sexuality: LGBTQ Experience in Malaysia

Since the introduction of internet on Malaysia, internet has always been a tool for Lesbian and Gay people in Malaysia be it online forums, dating sites, or IRC groups. The internet is an integral part of ourselves and identities, in the context of Malaysia where queer identities and sexualities are criminalised a lot of queer people look at internet as the safe haven to express themselves, for friendship and solidarity, experiment different sexual practices, and access information.

Laws

Malaysia has a long history curtailing freedom of expression, most commonly the Sedition Act 1948 and CMA 1998 were being used against human rights defenders and dissenters against the State. Although LGBTIQ expression online rarely get prosecuted, LGBTIQ websites and contents continuously face blocking and censorship from the State.

Communications and Multimedia Act 1998 (CMA)

The CMA is the main legislation that governs electronic communication, and the main provision of the Act is section 233 that criminalises “improper use of network facilities or network services, etc”. On 6 November 2017, the then Deputy Minister on Communications and Multimedia Jailani Johari revealed in the parliament that between January and September 2017, 269 cases were investigated under the CMA; 146 cases were investigated under section 233. However, the Act has been actively used against human rights defenders, political dissenters, or ordinary people who post offensive remark about the Prime Minister.

Section 233(1) creates two offences:

1. First offence, it is an offence if a person“(a)… by means of any network facilities or network service or applications service knowingly (i) makes, creates or solicits; and (ii) initiates the transmission of, any comment, request, suggestion or other communication which is obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass another person; and
2. It is an offence if a person “(b)… initiates a communication using any applications service, whether continuously, repeatedly or otherwise, during which communication may or may not ensue, with or without disclosing his identity and with intent to annoy, abuse, threaten or harass any person at any number or electronic address”.

The Act does not define the words, ”obscene”, “indecent”, “false”, “menacing”, and “offensive”, but detailed definition obscene and indecent can be found in the non-binding voluntary Content Code.

Multimedia Super Corridor Bills of Guarantees (BOGs)

As part of the Vision 2020, a special economic zone dubbed Multimedia Super Corridor(MSC) was created in 1996. The Multimedia Super Corridor(MSC) Bills of Guarantee was then introduced foster a environment for innovation and with the intention to make Malaysia the global hub for ICTs.

Bill no 7 of the BOGs guarantees that there shall be no censorship to the internet, as the government recognises the important role of the internet in facilitating the exchange of information and innovation. The Bill also recognises that any act that is illegal in physically world, should equally outlawed if it is done online.

Malaysian Communications and Multimedia Content Code or the “Content Code”

The Content Code is voluntary code that sets out and procedures for content disseminated for public consumption for communications and multimedia industries. Industry players may voluntary subscribe to standard prescribed set out in the Content Code (i.e. to not produce content that is discriminatory in nature, or content that is indecent). The Content Code recognises that gender and sexual orientation as protected grounds for content production, however because the non-binding voluntary nature of the Code there is a gap when it comes to enforcing the Code.

Code 3.5 on non-discrimination says that:

“Broadcasters must ensure, to the best of their ability, that their Content contains no abusive or discriminatory material or comment on matters of, but not limited to, race, religion, culture, ethnicity, national origin, gender, age, marital status, socio economic status, political persuasion, educational background, geographic location, sexual orientation or physical or mental ability. “ [Emphasis added]

Code 3.5 states that broadcasters/content providers should at their best ability produce contents that do not discriminate people more importantly on the basis of their gender and sexual orientation. Similar wording also found it Code 3.9 (that broadcasters should not portray a negative light on the basis on gender and sexual orientation) and Code 4.1(ii)(a) (that advertisement should not contain anything that can be offensive on the ground of sex and sexual orientation).

In March 2018, Pelangi Campaign conducted a online survey on sexual and internet rights. We received a total 238 responses from all around Malaysia of people with identities. This survey aims to look at the experiences of LGBTIQ people in Malaysia and their usage of the internet as a means of exploration and expression.

The Lack of Protection and Impact on LGBTIQ people

In Malaysia, as with many other countries, queer people are subjected very specific online gender based violence, which undermine their right to have meaningful access and usage of information and communications technologies (ICTs). The threats, among others, are social media and digital surveillance by both governments and private individuals; gender-based hate speech and trolling; stalking; blackmailing and non-consensual distribution of sexually explicit images. However, because the lack of protection and the high level of impunity, action/prosecution against perpetrators render LGBT people more vulnerable to complaints, police reports, monitoring and surveillance, being viral-ed on social media and morally policed and showcase of disapproval, among other forms of regulation, which often lead to state prosecution and investigation.

About half of the respondents have experienced harassment(47.05%) and some form of website blocking(54.62%). It is also worrying to see many have experienced some serious violent act like blackmail (9.66%), stalking(27.73%) and online threat(23.10%).

An additional question also asked to the 54.62% who experienced website blocking, particularly LGBT websites. Some of the LGBT websites respondents had problem accessing:

1. www.planetromeo.com
2. www.gaystarnews.com
3. www.utopia-asia.com
4. www.ilga.org (temporarily blocked in 2016)

When contacted, the Malaysian Commission on Multimedia and Communications(MCMC) responded that the MCMC does not block websites on its own but acting on complaints and instruct Service Provider according. However it also brings in the question on what are grounds for blocking such websites, which are harmless websites for news, information, and dating.

In responding surveillance, harassment, violence and/or censorship, most respondents chose non-direct way to respond to the situation: collecting evidence against the aggressor(13.86%), creating anonymous profile(14.28%), leaving the platform(38.65%); not responding in the incident(33.61%), and blocking the aggressor(43.27%). Only 21.42% chose to report to relevant authority and 1.26% resorted to pursue legal action.

The high perception that religious authorities have an increase of control in censorship is not unfounded. In June 2017, in response of an event Pelangi Campaign organised the Department of Federal Territory Islamic Affairs(JAWI) revealed that the department as well as other agencies are closely monitoring LGBT groups. In some instances, protest and monitoring from religious groups online resulted cancellation of LGBT events offline. In other cases it also leads to investigation by the State.

Conclusion

Whilst the internet remains as largely heteropatriarchal and toxic space for queer people, it is an important means for LGBTIQ people to express sexuality and gender. The perceived power and influence and control by religious groups and authority in Malaysia is problematic in policing LGBTIQ people freedom of expression and speech online.