ON Monday, the government tabled the Communications and Multimedia (Amendments) Bill 2024 (CMA) and the Malaysian Communications and Multimedia Commission (Amendments) Bill 2024 (MCMC) in Parliament.
The Bills propose amendments to 118 existing sections and the creation of 15 new ones to better combat the growing threat of online criminal activities, including online sexual offences and the spread of false information.The amendments are expected to be passed by the Dewan Rakyat before it adjourns on Dec 12.
In summary, the amendments will focus, among others, on addressing online gambling and scams, cyberbullying and sexual crimes against children.
Basically, the government wants stricter laws to fight online threats.
For example, being “grossly offensive” with online content targeting minors could result in a fine of up to RM500,000 or five years in prison.
Another example is a new section, 233A, which has been introduced to prohibit commercial “spamming”, which includes sending or causing the sending of unsolicited commercial electronic messages.
Under the new Section 236A, victims of online scams or fraud can sue perpetrators for damages or losses through civil action, regardless of whether the perpetrators are charged with a criminal offence.
These amendments are a part of sweeping revisions to Malaysia’s 26-year-old cyberlaws, instituted mainly with the aim of strengthening protections for all Malaysians, but especially children, against online sexual crimes and other cyber threats.
It’s commendable that the government is taking steps to enhance online safety in the face of the avalanche of scams targeting Malaysians.
However, these laws all touch on our basic fundamental right to express ourselves and surely deserve more study – how will they affect freedom of expression, can they be abused to silence people unfairly, can they lead to an imbalance in power?
These are not changes that should be rushed through Parliament, especially as many in the business of communication feel that the proposed amendments are overreaching and could risk restricting our civil rights.
And where is the engagement with civil society on this?
There’s no doubt that this is major legislation and needs much more engagement, not only with NGOs and media players but also the rakyat themselves.
The best thing the government can do is to slow down and talk to more people about these changes for the benefit of all.
