Rights group dismayed after CMA amendments passed

The rights group Article 19 has voiced its dismay towards the recently passed amendments to the Communications and Multimedia Act 1998.

There are still many issues with the amendments, it said, which were passed through a bloc vote at the Dewan Rakyat this evening without any changes.

“This regression impedes progress and curtails individual freedoms, leading to a society where dissent is silenced and transparency is increasingly elusive,” said the free speech advocate.

During voting at the Dewan Rakyat, 59 MPs supported the bill, 40 opposed it, and one abstention. Another 122 MPs were absent.

A call by several MPs on both sides of the political divide to defer the bill for fine-tuning in a special committee went unheeded.

The bill introduces a slew of changes to the Act, including Section 233 which criminalises various abuses of internet services that critics argue are too broad, ambiguous, and subjective.

This includes adding explanations to Section 233 that outline what might be considered an offence under the law, although this is criticised for still being vague and employing circular logic.

Concern raised

On Dec 3, Article 19 and the Centre for Independent Journalism (CIJ) issued a joint statement calling for the bill to be delayed to allow meaningful consultations with stakeholders.

They voiced concern that the amendments would greater powers to the communications minister and the Malaysian Communications and Multimedia Commission without adequate oversight.

This includes enhancing powers to conduct searches and seizures without a warrant, and low threshold for ordering surveillance, without sufficient safeguards against abuse.

The language of various provisions is also considered vague and too broad.

“Article 19 and CIJ have long called for the repeal of Sections 211 and 233 of the CMA, as their broad scope and vague wording lead to arbitrary interpretations. The provisions also do not meet the international freedom of expression standards, especially the three-part test: legitimate aim, provided by law, legitimate aim, proportionate, and necessary.

“It is extremely concerning that the new proposed texts have not been amended to meet the three-part test; on the contrary, they remain vague, overly broad in scope, and hinge upon highly subjective terms open to a broad range of interpretations despite the provided explanatory notes.”

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