Dewan Rakyat approves CMA amendments

PARLIAMENT | Putrajaya's proposal to introduce a set of amendments to the Communications and Multimedia Act (CMA) 1998 has been approved in the Dewan Rakyat without any change.

This was despite concerns raised by several MPs, including from the government side, over several parts of the proposal which they fear could pose a higher risk of abuse to trample freedom of speech.

Dewan Rakyat speaker Johari Abdul announced the august house's decision after a bloc voting came back with 59 MPs supporting the amendment bill against 40 who opposed it.

One MP abstained from voting, while 122 others were absent.

The bloc voting was called at the request of Fadhli Shaari (PN-Pasir Mas), who was supported by more than 15 others.

A total of 24 MPs from both sides of the political divide had earlier debated the proposal.

One of the heavily debated parts of the amendment was over the term "grossly offensive", which the government wants to add to Section 233 which stipulates offences regarding improper use of network facilities.

Several others, including opposition's Mas Ermieyati Samsudin (PN-Masjid Tanah) raised concerns over a proposal to widen the type of government officials with the power to investigate under CMA, including to enter premises without a warrant.

Only police officers with the rank inspector and above can do so, but the amendment sought to grant such power to "any authorised officer".

Drawing criticisms

Wan Saiful Wan Jan (PN-Tasek Gelugor) criticised a provision in the proposed amendments that would allow a search warrant to remain valid even if it is defective.

Three lawmakers, including from Pakatan Harapan, proposed that the proposed amendments be referred to a special committee to refine their definitions.

"I propose providing an opportunity for all parties, including PAC, to revisit this amendment and focus on refining its definitions, not the policies, but the definitions themselves,” said William Leong (Harapan-Selayang).

On top of this, lawmakers including Syed Saddiq Syed Abdul Rahman (Muda-Muar) also criticised Communications Minister Fahmi Fadzil and Harapan for tabling the amendment bill.

They called for the minister to instead repeal CMA, which Harapan had previously branded as an oppressive law and promised to abolish it in their election manifestos.

Fahmi, in his winding-up speech, defended the provisions that Putrajaya was proposing, saying that they were aimed chiefly at addressing online crimes including scams, pornography and paedophilia.

He said the government has to find an "equilibrium point", where it has to balance between ensuring freedom of speech and maintaining the country's security.

For example, Fahmi said, the government cannot abolish Section 233 as many had suggested because the provision is needed to combat online crimes such as commercial pornography.

The amendment also aimed at minimising the room for CMA's abuse by "reducing the scope" of its provisions, according to the minister.

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