CMA amendments 'backdoor' move to bring 'fake news' laws, says LFL

The proposed amendments to the Communications and Multimedia Act 1998 (CMA) are a backdoor attempt to introduce “fake news” laws, said Lawyers for Liberty.

Citing the amendments to Section 233(1)(a) of the CMA, its director Zaid Malek said it was shocking that the government is reneging on their promise to repeal the clause.

“Instead, it has chosen to fortify and strengthen it, making the draconian law even stronger.

“This is an utter betrayal by Pakatan Harapan of their longstanding promise to the people that they would repeal Section 233.

“Harapan holds the most powerful positions of prime minister, home minister and communications minister - they cannot evade responsibility,” Zaid (above) said in a statement today.

The amendment to the Act, tabled for first reading on Monday, covers a range of issues such as hate speech, scams and unsolicited messages.

It also includes new provisions that would allow law enforcement agencies to compel data keepers to preserve and disclose communications data.

The amendments, as well as new explanations spelt out therein, appear to refine the section and make it more targeted.

For example, Section 233(1)(a) is amended so that objectionable communications are “grossly offensive” and not just “offensive”.

Widens scope for offence

Elaborating, Zaid touched on the inclusion of the words “confusion” and “incomplete” in the section when defining falsehood in the proposed amendment, which widens the scope of the offence.

The provision, he argued, would strike fear among the public and would result in them not participating in discussions regarding matters of public interest.

“It would have a chilling effect on freedom of speech. It means allegations of corruption, abuse of power or general criticisms of the government cannot take place unless the public have complete and full facts of every aspect of any matter or allegation.

“Otherwise, they could be nabbed and charged for the offence under Section 233(1)(a) of the CMA,” Zaid stated.

Harapan embracing foe’s tactics

Taking the government to task, Zaid said it was appalling that Harapan, once a victim of the previous BN administrations, is now embracing those same tactics and enhancing them through the proposed amendments.

“We remind the government of their duty to uphold freedom of speech, a right guaranteed under Article 10(1)(a) of the Federal Constitution.

“A government supposedly dedicated to transparency and reform should make this right paramount, as it is the very basis of a functioning democracy and what empowers the people to keep the government in check without fear of reprisals.

“We strongly urge the Madani government to withdraw the proposed amendments and its plans to maintain and strengthen Section 233(1)(a) of the CMA. Instead, the government must immediately introduce a bill to repeal Section 233(1) in its entirety,” he added.

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