KUALA LUMPUR – Certain terms defined as an offence under Section 233 of the Communications and Multimedia Act 1998 (CMA) should be reviewed and even abolished due to ambiguities in their interpretation.
This is according to Bangi MP Syahredzan Johan, who took particular issue with the terms “offensive” and “intent to annoy” used in the provision in defining what constitutes improper use of network facilities and services.
According to the DAP central executive committee member, while it may not be necessary to repeal Section 233 altogether, as it may be used against among others, online harassment, cyberbullying and revenge porn postings, the law as it stands is too vague.
The provision stipulates that any person who makes any online expression which is obscene, indecent, false, menacing, or offensive with intent to annoy, abuse, threaten or harass another person will be deemed to have committed a crime.
Syahredzan said the wide definition of this section means the authorities are then given the power to unilaterally define what these elements may mean.
“This is where abuses can occur, and have happened. Individuals have been investigated, arrested and charged for purportedly ‘insulting’ political leaders.
“What is offensive? Something that is offensive to me might not be offensive to another. These are the elements that are usually abused by those in power. Therefore to me, this part of the section must be reviewed with a view to abolish,” he told The Vibes.
Syahredzan also proposed that the other elements in the section be specifically defined to ensure there is little room for them to be abused for political purposes.
Previously when debating on the royal address in Parliament on February 16, the lawyer had urged the government to amend Section 233 of CMA, noting that its broad definition makes it particularly prone to abuses.
He said the rakyat should be allowed to express their grievances and criticisms online without fear of being punished.
“Maybe we don’t need to completely remove the offences under this section because admittedly there are certain provisions that are still needed, but perhaps the others can be reviewed and amended.”
“Sometimes, they voice their dissatisfaction. But how bad is it to be cursed by the rakyat when we are in power? Sometimes, that is the only way the rakyat can voice their views.”
On February 18, Communications and Digital Minister Fahmi Fadzil said the government is looking towards amending CMA, including assessing a possible review of several sections within the legislation.
However, he stopped short of providing further details, saying it is still too early to say which provisions would be affected.
Separately, Fahmi had said in a programme yesterday that while some feel Section 233 of CMA could be used against those who criticise the government, the federal constitution still protects and guarantees freedom of expression.
“However, it accords no relief or protection for those who slander – so I think we draw a line. There is no intention by this administration to curb freedom of expression and freedom of the press or the media.
“But we do take a position, especially if contents, whether in the (mainstream) media or social media, flout or transgress on (issues like) religion, royalty and race,” he told media personnel after appearing as a guest speaker at a private gathering organised by the Concorde Club at the Bukit Bintang City Centre gallery. – The Vibes, February 21, 2023
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