Concern over proposed amendments to Communications and Multimedia Act

The CMA is frequently being used to curb freedom of expression on the internet and contains clauses which are unreasonably wide and open to misinterpretation and abuse. Section 233, for instance, makes it an offence to post any content which is obscene, indecent, false, menacing or offensive in character with the intention to annoy, abuse, threaten or harass another person. This clause is extremely wide and goes beyond the legitimate restrictions that are allowed to be placed on the freedom of expression by Parliament, as set out in the Constitution. While posting content that “annoys” someone may be rude or undesirable in certain contexts, it should not constitute an offence punishable with a hefty fine and/or imprisonment. CIJ has repeatedly called for this clause to be repealed in order to comply with the Constitution and international human rights standards on freedom of expression.

Other laws such as the Penal Code and the Sedition Act have also repeatedly been used to arrest and charge individuals for comments that they have posted online. It is thus puzzling why the government requires more laws to purportedly improve control over social media.

CIJ calls on the government to consult with stakeholders, including civil society, with regard to any proposed amendments to the CMA. CIJ condemns any attempts to further curb the freedom of expression and calls on the government to amend the CMA so that it moves towards international standards on freedom of expression, rather than away from them.

Sonia Randhawa and Jac Kee

Directors

Please contact Sonia Rondhawa on Skype (username: SoniaRandhawa) or email us at cijmalaysia@gmail.com if you require further information.