CMA provisions: Court's done its part, time for Parliament to act
The appellate court declared the use of Section 233(1) of the Communications and Multimedia Act (CMA) to criminalise online expression deemed 'offensive' or made with the 'intent to annoy' as unconstitutional.
The court affirmed that such vague and subjective provisions are inconsistent with Article 10(2)(a) of the Federal Constitution, which guarantees freedom of expression, read together with Article 8(1) on equality, respectively, serving as a precedent for all future judgments.
It is critical to note that the court further extrapolated that
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Star
an hour ago
- The Star
79% of requests to remove cyberbullying content approved from January till August this year, says Fahmi
KUALA LUMPUR: A total of 25,959 online content flagged as cyberbullying was removed by the authorities from January to Aug 15 this year, says Datuk Fahmi Fadzil ( pic ). According to the Communications Minister, the figure came from the 32,982 applications to remove cyberbullying-related content during that period, marking a 79% approval rate by the authorities. '25,929 content (79%) content was successfully removed for going against the Communications and Multimedia Act (Act 588) as well as present laws. 'The three platforms that recorded the highest applications were TikTok, Facebook and Tumblr,' said Fahmi during his winding up speech on the 13th Malaysian Plan (13MP) in Parliament on Wednesday (Aug 20). There were 23,651 cyberbullying content removed on TikTok, 1,738 on Facebook, Tumblr (450), others (120). 'The government views cyberbullying threats seriously and we will continue strengthening efforts to curb this through enforcement measures that are based on public complaints and close cooperation with social media platform providers, as well as the authorities, such as the police,' he said. Meanwhile, Fahmi said the Attorney General's Chambers (AGC) would appeal to the Federal Court a ruling that decriminalises offensive online remarks under Section 233 (1)(a) of the Communications and Multimedia Act 1998 (CMA). 'I was informed that the AGC will be filing an appeal to the federal court,' said Fahmi, who added that he would carefully review the appeal process. On Tuesday (Aug 19), the Court of Appeal ruled that the words 'offensive' and 'annoy' in Section 233 (1)(a) of the CMA were unconstitutional because it went against the protection for equality before the law and freedom of speech under Article 8 and 10 the Federal Constitution. A three-member bench led by Federal Court judge Datuk Lee Swee Seng, in a unanimous decision struck down part of the provision, which criminalises the online transmission of comments deemed offensive or intended to annoy.
New Straits Times
2 hours ago
- New Straits Times
Fahmi: A-GC to appeal online speech law ruling
KUALA LUMPUR: The Attorney-General's Chambers (A-GC) will appeal to the Federal Court a ruling that decriminalises offensive online remarks under Section 233 (1)(a) of the Communications and Multimedia Act 1998 (CMA). Communications Minister Datuk Fahmi Fadzil told the Dewan Rakyat that the terminology had been refined from a draft inherited from the previous Perikatan Nasional (PN) government, which he described as "more draconian." "Regarding the Court of Appeal's decision, I was informed that the A-GC will be filing an appeal to the Federal Court," he said. During his winding-up speech on the 13th Malaysia Plan, Fahmi said he would carefully review the appeal process and leave the matter to the A-GC. On Tuesday, the Court of Appeal ruled that the words "offensive" and "annoy" in Section 233(1)(a) of the CMA are unconstitutional, as they violate the protection for freedom of speech under the Federal Constitution. In a unanimous decision, a three-member bench led by Federal Court judge Datuk Lee Swee Seng struck down part of the provision, which criminalises the online transmission of comments deemed offensive or intended to annoy. The court held that the provisions were inconsistent with Articles 8 and 10 of the Federal Constitution, which guarantee equality before the law and freedom of speech.
Malaysiakini
2 hours ago
- Malaysiakini
DAP MP counters ex-CJ: Karpal's legacy lives on in many politicians
DAP lawmaker RSN Rayer emphasised that while he holds former chief justice Tengku Maimun Tuan Mat in the highest regard, he respectfully disagrees with her sweeping claim that politicians are the greatest threat to the Constitution. Citing DAP chairperson Karpal Singh, whom he hailed as the 'fiercest defender of the Federal Constitution until his last breath', the Jelutong MP said there are many other politicians who embody the same commitment.
