KUALA LUMPUR – Amendments to the Communications and Multimedia Act (CMA) 1998 propose tougher penalties for existing offences while introducing punishments for new violations.
The proposed penalties include fines of up to RM1 million and imprisonment terms of up to 10 years.
According to the Communications and Multimedia (Amendment) Bill 2024, which was tabled by Communications Minister Fahmi Fadzil for its first reading in Parliament today, harsher punishments could apply to 25 violations, with nine additional offences introduced.
The proposed changes include an increase in fines and jail terms for contravening various sections of the CMA.
For instance, acts in contravention of the legislation under Section 16(2) currently attract a fine of RM300 or imprisonment of up to three years.
The proposed amendments increase the maximum fine to RM1 million and jail terms to 10 years, with an additional daily fine of RM100,000 for continued offences.
Similarly, violations related to individual licence regulations under Section 41(4) would see fines increased from RM500,000 to RM1 million and maximum jail terms extended from five to 10 years.
Non-compliance with the Malaysian Communications and Multimedia Commission’s (MCMC) directions under Section 53 currently incurs fines of up to RM300,000 or jail terms not exceeding three years.
The amendments propose raising these to RM1 million and 10 years, respectively, alongside a daily fine of RM100,000 for continued violations. Similar enhancements are proposed for other sections, including Sections 74, 75, and 126(2), with penalties rising significantly.
Other sections targeted for increased penalties include Section 149(3) on network access, Section 182 on hindering network operability, and Section 233(1), which addresses the improper use of network services. For the latter, fines would jump from RM50,000 to RM500,000, with jail terms increasing from one year to two years.
Additionally, those who improperly use network services involving obscene communication for commercial purposes under Section 233(2) could face fines of up to RM1 million, jail terms of up to five years, and daily fines of RM10,000 for continued offences.
New punitive measures for additional offences
A section of the CMA which previously did not stipulate a punishment was Section 48(2), in which a person whose class license registration has been cancelled shall cease the activity to which the registration applied.
Under the proposed amendments, those who contravene the subsection in question could be held liable to a fine of up to RM500,000 or imprisonment for up to five years or both.
Five other sections also suggested that MCMC be given the power to impose a financial penalty of not more than RM500,000 on any person who fails to comply with the legislation.
Particularly, the Bill references Section 99 on MCMC’s direction to comply with a registered voluntary industry code, Section 105 on MCMC’s determination of a mandatory standard and Section 127 on licensees’ compliance with licence conditions on providing facilities or services in accordance with individual licences granted.
Section 180 on numbering and electronic addressing plan developed by MCMC for network and applications services as well as Section 206 on content applications service providers’ compliance with licence conditions on providing facilities or services in accordance with class licences granted are also part of the suggested financial penalty.
Besides that, Section 230B, which is part of a proposed new chapter on Network Security allowing MCMC to register certifying agencies for the purpose of certifying network security compliance, provides a punishment for those who refuse to comply with such requirements.
Those who without reasonable excuse fail to comply with a written notice from MCMC on the matter can be liable to a fine not more than RM1 million or imprisoned for up to ten years or both.
Another added offence is detailed in Section 233(3) on improper use of network facilities under Section 233(1), which specifies the punishment in case the offence is committed against a child under the age of 18.
Offenders could be slapped with a fine not more than RM500,000 or imprisonment not more than five years or both as well as a further fine of RM5,000 per day of the offence’s continuation after conviction.
Amendments to Section 263 on the general duty of licensees to prevent network facilities owned from being used in the commission of any offence under Malaysian laws proposes that licensees who fail to comply with a written notice from MCMC requesting assistance can be liable to a fine not exceeding RM1 million or imprisonment of up to three years or both.
While the inclusion of Section 23A on the sending of unsolicited commercial electronic messages is proposed, no specific punishment is detailed. – November 2, 2024