KUALA LUMPUR – The Communications Ministry has no plans to implement a moratorium on the enforcement of Section 233 of the Communications and Multimedia Act 1998, despite considerations to improve the law.
Speaking to the Dewan Rakyat, Deputy Communications Minister Teo Nie Ching (Kulai – PH) pointed out that there is still a need to enforce Section 233 given that there are still cases which require prosecution.
“Look at the death of TikTok influencer Rajeswary Appahu. The culprit who bullied her online was investigated under Section 233 and the court punished him with 12 months’ imprisonment.
“Meanwhile, another social media personality, Adeline Chang, was fined RM7,000 after being found guilty of posting a photograph of a minor online and captioning it with offensive remarks.
“If we were to implement a moratorium on prosecution until amendments to the law, it wouldn’t be practical,” Teo told Parliament today.
Nevertheless, the Kulai MP mentioned that there are mechanisms in place to prevent abuse.
She reminded the Dewan Rakyat that authorities enforcing Section 233 would have to submit their investigation papers to the Attorney-General’s Chambers, which will decide whether to prosecute.
Meanwhile, with regard to the amendments themselves, Teo mentioned that the Communications Ministry had held consultation sessions with relevant stakeholders to ensure that the Communications and Multimedia Act remains up to date.
The feedback from the meetings, Teo said, would be used to finalise amendments to the law which are expected to be tabled in Parliament during this sitting on the condition it receives Cabinet approval.
“Research is done by the Communications Ministry and the Malaysian Communications and Multimedia Commission (MCMC) to ensure the law is clear and would not be subject to abuse,” Teo said.
Section 233 has been a point of contention among lawmakers and NGOs given concerns that the law can be abused by authorities to restrict free speech.
Last year, Bangi MP Syahredzan Johan pointed out that the terms “offensive” and “intent to annoy” in the law appear ambiguous, adding that it could allow authorities to unilaterally define what these elements may mean.
Suara Rakyat Malaysia (Suaram), in their 2022 Human Rights Report, disclosed that 75 individuals were arrested this year under Section 233, pointing out that the law is used to stifle political expression online.
Section 233 criminalises online content that is obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass another person.
If convicted, the offender could be fined not more than RM50,000 or imprisoned for up to one year, or both.
An offender can also be fined another RM1,000 for every day that the offence continues after conviction. – November 13, 2024