KUALA LUMPUR – The Communications and Multimedia (Amendment) Bill 2024 was passed in the Dewan Rakyat today despite the absence of 122 MPs during a bloc vote called by the opposition in an attempt to impede the proposed amendments.
In reading out the votes, Speaker Tan Sri Johari Abdul said 59 lawmakers had voted in favour of the bill, and 40 MPs against.
One lawmaker abstained from voting on the matter.
Following the outcome of the vote, the bill was tabled for a third reading and passed by voice vote.
In winding up debates on the bill before the bloc vote was called, Communications Minister Fahmi Fadzil (Lembah Pantai-PH) assured that the amendments would give room for free speech to be defended in courts.
Referencing amendments to Section 233 of the Communications and Multimedia Act (CMA) 1998, particularly on the misuse of network facilities or services, Fahmi highlighted how the amendments provide detailed explanations of what content would constitute an offence.
“Our focus is on detailing and giving, for the first time in the CMA’s existence, a series of explanations which are non-exhaustive, but can act as a guideline to reduce the scope and give assistance to not just prosecutors, but also defence counsels in formulating their arguments.
“If you look at Explanation 6(d), any communications made in good faith are not considered grossly offensive as long as the communications consist of statements of fact that are true in substance and statements of opinion,” the minister said.
When questioned by opposition MP Syed Saddiq Syed Abdul Rahman (Muar-Muda) on the reasoning behind not amending the CMA to remove the controversial Section 233, Fahmi stressed that the section is crucial to prevent online crimes.
He also rejected concerns raised by the 24 MPs who had earlier debated the bill, who feared the section could be used to target government critics.
“Honestly, I, alongside the Tambun MP (Prime Minister Datuk Seri Anwar Ibrahim), allow and (acknowledge that) we need to listen to criticism.
“That is not a problem, (but) we cannot get rid of Section 233 as it covers those who misuse networks for the commercial sale of pornography and paedophilia…If we abolish the section, then it will allow the spread of scammers and paedophiles. That is the reality,” he added.
During his winding-up speech, PAS Youth chief Afnan Hamimi Taib Azamudden (Alor Setar-PN) interjected and asked whether “crudely worded” statements made in good faith would still be considered grossly offensive if targeted parties were offended.
Fahmi responded that the matter is subject to “permutations”, adding that previous court cases can be referred to in determining precedents.
However, he reiterated that the explanations now added into the act will help legal counsels achieve a “middle point”.
Earlier, Fahmi stated that the bill seeks to find an “equilibrium” between freedom of speech and ensuring that the internet remains a safe space for children and families.
He also clarified that the decision to amend the CMA was made in 2022, noting that the amendments proposed at that time were “far harsher” than those introduced by the current administration.
Fahmi further explained that the introduction of Section 46A, granting the minister the power to waive registration requirements under a class licence, does not apply to media organisations, but instead pertains to the telecommunications industry.
“We have no intention, through this act specifically, to license media platforms. (Section 46A) is not applicable to the public or cybertroopers, only for those who provide services recognised under the Malaysian Communications and Multimedia Commission (MCMC) Act 1998.”
The bill, which was tabled for its first reading on December 2, aims, among other things, to empower the MCMC to audit licensees and other entities involved in communications services.
Under the CMA, licensable activities are categorised into network facilities providers, network services providers, application services providers, and content applications service providers.
The latter group encompasses traditional broadcasting as well as online publishing and information services.
The approved amendments reflect a comprehensive approach to strengthening the MCMC’s regulatory and enforcement powers in the communications sector. – December 9, 2024