Ministry hopes to present CMA amendments in this sitting

PARLIAMENT | The Communications Ministry hopes to present its suggestions to amend the Communications and Multimedia Act 1998 to the Dewan Rakyat during this sitting.

Deputy minister Teo Nie Ching said this is subject to approval from the cabinet, adding that the suggestions will include an amendment of Section 233.

“The Communications Ministry and the Malaysian Communications and Multimedia Commission (MCMC) have also held several meetings with the legal affairs division under the Prime Minister’s Department to ensure there is no clash between the Online Safety Bill and provisions under Act 588, including in the context of application of Section 233,” Teo (above) said.

She was responding to a question from Kelvin Yii (Harapan-Bandar Kuching), who asked if the ministry has plans to study and refine the act to ensure it is not misused.

Section 233 of the Communications and Multimedia Act, also known as Act 588, stipulates offences of using network facilities to transmit communication deemed to be offensive or could cause annoyance to another person.

An offence under the section is punishable with up to one year’s imprisonment, a fine up to RM50,000, or both, upon conviction.

The legal provision has been criticised for being too wide in scope and its ambiguous phrasing, with critics saying it encroaches on freedom of speech and expression.

Teo said once the bill to amend the act has been presented to Parliament, engagement sessions with MPs will follow.

No temporary moratorium

To a question from Kamal Ashaari (PN-Kuala Krau) on whether the ministry intends to impose a temporary moratorium on applications of Section 233 before the bill is presented to Parliament, Teo said no.

“As of now, there is no suggestion (to do that), because we see that there are cases which should be taken to court,” she replied.

She cited the case of a lorry driver who was convicted of cyberbullying social media influencer A Rajeswary, also known as Esha, in September.

The Sessions Court sentenced B Sathiskumar to 12 months in prison under Section 233(1)(a) of the Communications and Multimedia Act.

Teo also referred to the case of social media influencer Adeline Chang, who was charged under the same act with posting a photo of a minor with offensive remarks in the caption.

The Sessions Court slapped Chang with an RM7,000 fine last month.

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