Fahmi: A-GC to appeal online speech law ruling
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.
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