LFL: Impose moratorium on 'tool of oppression' pending review

Lawyers for Liberty (LFL) has urged the government to announce an immediate suspension on the usage of Section 233 and other draconian provisions of the Communications and Multimedia Act (CMA).

The group also demanded a moratorium on enforcement or prosecution, pending the repeal or amendment to the legislation.

Describing it as a “tool of oppression”, LFL was dissatisfied with Deputy Communications and Digital Minister Teo Nie Ching’s statement that the CMA would be reviewed next year.

“This is too uncertain. An exact commitment must be given and details of the amendments discussed with stakeholders,” said its campaign coordinator, Nabila Khairuddin in a statement.

She added that the suspension and moratorium would prevent further misuse of the CMA while the Act is pending review in Parliament.

Nabila also said the wide ambit of Section 233 of the CMA and the ill-defined scope of offences it prescribes leaves it vague and open to arbitrary interpretations.

“Section 233 of the CMA, which governs the ‘improper use of network facilities or services’, is also repugnant to the rule of law, as it is broad in scope, vague and ambiguous, with entirely subjective terms such as ‘offensive’ and ‘annoy’.

“Due to its subjective terms, leading to ambiguity as to what is or is not an offence under the provision, it has been used to stifle speech and expression, shut out contrary views, quash dissent and deny democratic space, and suppress Malaysians.

“It is a serious encroachment on freedom of speech and expression guaranteed by Article 10(1)(a) of our Federal Constitution,” she said.

Nabila added that none of the elements of this prohibition such as “indecent”, “obscene”, “false”, “menacing”, or “offensive” in character with intent to annoy, abuse, threaten or harass any person are defined further in the Act.

“This creates a potentially endless category of offences, which are at the discretion of law enforcement to define as they see fit,” she added.

‘Anyone can become a target’

As such, Nabila said what amounted to an offence remained unclear and anybody could be a target.

“Like other laws that impinge on freedom of expression such as the Sedition Act, the government adopts double standards and selective persecution in using the CMA.

“The CMA has been used repeatedly to investigate and arrest those who criticise the government or the rulers on social media, with the resurgence of the usage of the law over the past year,” she added.

Nabila noted that the Act even deterred the highlighting of human rights abuses, breaches of law and even possible government wrongdoing.

“A criticism of a statement of any government officials or anyone that is in the wrong can also be alleged to be false, menacing, annoying or even harassment,” she added.

Therefore, Nabila said the government must urgently review the CMA to ensure that it conforms to international human rights standards and the Constitution.

“And specifically, for Section 233 of the CMA to be thoroughly revised to more narrowly and precisely define what constitutes ‘improper use of network facilities or services’ under the Act.

“In fact, the use of the CMA had been heavily objected to and criticised by the Pakatan Harapan coalition prior to forming the government.

“And repealing the provisions of the CMA was one of the promises of reform made by the Harapan government due to its oppressive nature,” she noted.

Yesterday, Teo said that agencies under her ministry are reviewing the law formulated in 1998, through engagements with relevant stakeholders.

“The ministry feels it is time for a review to ensure the existing provisions are adequate to take action against any type of offence, particularly cybercrimes.

“If we are not able to table it (to Parliament) this year, we will do it next year,” she added.

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