Conversations in any group messaging applications such as WhatsApp, Wechat, Viber, and Telegram are considered private in nature but investigation will be conducted if there are complaints against the content distributed in the group, said the Malaysian Communications and Multimedia Commission (MCMC) in a statement, Friday.

The MCMC said it was an offence for a person to use an application like WhatsApp to create and begin distributing any comment, request, suggestion or other communication which was obscene, indecent, false, menacing or offensive in nature with the intent to annoy, abuse, threaten or harass others.

The Commission said the investigation would not differentiate action against an administrator or a member of the group.

Thus, MCMC warned that all members should be careful in disseminating information in their respective groups to avoid cases of spreading false news.

"If the administrator or any member of the group is found to spread false information, then legal action can be taken against them," the commission said.

The spreading of false information is an offence under Malaysian law, including Section 233 of the Communications and Multimedia Act (CMA) 1998, he said.

Deputy Communications and Multimedia Minister Datuk Jailani Johari was previously reported as saying that WhatsApp group administrators could face legal action if they failed to control their group members from spreading false information.

According to the MCMC, based on the facts, evidence and actions, a group administrator could be held responsible in certain circumstances.

Among them, it said, was if the administrator himself made a comment, request, suggestion or other communication which was obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass another person.

The administrator could also be held responsible if he invited others to comment, although he himself did not make one, or if he prevented enforcement agencies from carrying out investigations into certain comments made in the group.

MCMC said it would consider the need to establish guidelines on the use of messaging applications.

"At the same time, people are urged to always remain prudent when using social media for their own protection," the statement added.

-- BERNAMA