THE Malaysian Cabinet has welcomed the Federal Court’s ruling affirming the inclusion of the words “offensive” and “annoying” in the Communications and Multimedia Act 1998 (AKM), a decision the government had fully supported as part of its 2024 amendments to strengthen online offence provisions.
Minister of Communications Datuk Fahmi Fadzil and spokesperson for the Unity Government, described the ruling as a vindication of the Cabinet’s position and a resolution to a protracted legal dispute brought by activist Heidy Quah.
“This morning, the Federal Court delivered its judgment in a case brought by an activist, unanimously confirming that the words ‘offensive’ and ‘annoying’ in Section 233 of the AKM are constitutional and valid. The Cabinet welcomes and respects this ruling,” Fahmi told reporters after a post-Cabinet briefing.
Section 233 criminalises online communications deemed “indecent, obscene, false, threatening or offensive,” when intended to harass, intimidate, threaten, or disturb others.
The Federal Court’s decision reinstates terminology that had been struck down by the Court of Appeal last year, which had ruled the words unconstitutional after allowing Quah’s appeal to overturn a 2023 High Court dismissal.
Fahmi stressed that the Cabinet-endorsed amendments in 2024 were aimed at preventing misuse of the Act.
“The amendments do not rely on a single standard. Instead, they set a higher threshold. The Act now differentiates between ‘obscene’ and ‘excessively obscene,’ with six clear definitions outlining the scope of both. With these amendments, Section 233 is much more resilient against abuse,” he said.
The government’s backing of the Federal Court ruling reinforces Malaysia’s commitment to balancing protection of online freedoms with safeguards against harassment and harmful conduct in digital spaces. - February 6, 2026
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