KUALA LUMPUR – The Communications and Digital Ministry is open to hearing suggestions on amending the contentious Section 233 of the Communications and Multimedia Act 1998 (CMA) to avoid abuse of power.
Addressing the Dewan Rakyat during question time today, deputy minister Teo Nie Ching (Kulai-PH) said that the ministry is willing to hear opinions on how the law under CMA can be improved.
The provision concerns the improper use of network facilities or services, and criminalises any person who makes or spreads comments online that are deemed obscene, indecent, false, menacing, or offensive with the intent to annoy, abuse, threaten, or harass another person.
“There have been efforts to study Section 233…these efforts are more towards seeing how investigations (under the section) can be eased.
“We welcome any recommendations from MPs on how to improve Section 233. There is definitely a necessity for the existence of the law, but we can work out how to make sure it is not abused,” the DAP lawmaker said.
Teo was responding to a question by Syahredzan Johan (Bangi-PH) on whether Putrajaya has any plans to amend Section 233 of the CMA.
The fellow party member said as a lawyer, he has represented citizens investigated under the law after posting online critiques of political leaders.
Recently, legal rights group Lawyers for Liberty expressed its disagreement with the arrest of two schoolboys over a video the duo posted “ridiculing the Sijil Pelajaran Malaysia (SPM) history paper”, which has since gone viral.
Group director Zaid Malek said the continued existence of Section 233 of the CMA, which is being used against the boys, is a bane to freedom of speech and contrary to promises of reform by Pakatan Harapan, which is chaired by Prime Minister Datuk Seri Anwar Ibrahim (Tambun-PH).
Previously, Syahredzan had similarly called for an urgent review to the law, noting that its broad definition makes it prone to abuse.
His comment came after police’s decision to charge Refuge for the Refugees founder Heidy Quah over an alleged offence under Section 233 of the CMA, although this was later dropped.
Quah had said that after initially being tipped to be charged under the provision for a Facebook post expressing her concerns on the mass arrest of refugees and migrants during the Covid-19 lockdowns, she was informed by the investigating officer that police would not pursue the case. – The Vibes, March 1, 2023
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