KUALA LUMPUR: The proposed amendments to the Communications and Multimedia (Amendment) Bill 2024 aim to enhance online safety without restricting freedom of speech, says Fahmi Fadzil.
"The amendment to the legislation must be viewed holistically, not merely as a means of regulatory strengthening, but as a provision for a safer, more sustainable internet ecosystem free from cyber threats,” said the Communications Minister when tabling the Communications and Multimedia (Amendment) Bill 2024 for its second reading in parliament on Monday (Dec 9).
He said the amendment intended to create a robust legal framework to address the migration of conventional crimes online.
He added that it is also to ensure that the online environment is no longer dominated by harmful and excessively offensive content, which is inconsistent with the identity and values of Malaysians.
"The amendments to the Bill are vital to support industry development, boost foreign investor confidence, create a business-friendly environment, and preserve the digital well-being of children and the harmony of a multiracial society toward developing Malaysia Madani as a progressive nation," he said.
Regarding Section 233, which has received strong backlash from the Opposition and civil societies, Fahmi explained that the government's rationale for amendments was to address online harm.
"Section 233 has been improved with detailed descriptions of content elements under this section.
"These descriptions aim to improve and provide guidance to enforcement (investigation), prosecution (charges or otherwise), and the courts in assessing the content in question and ensuring the provision is neither misinterpreted nor misused (court’s interpretation)," said Fahmi.
"However, this freedom is not absolute but comes with responsibilities and limits to maintain national harmony and security as outlined in Article 10(2) of the Federal Constitution.
"The amendment to Bill, particularly Section 233, seeks to balance guaranteeing freedom and upholding the rule of law," added Fahmi.
He said the amendment to Section 233 also addresses offences committed against children, categorising them as arrestable offences.
The minister said that the government would continue to uphold the right to freedom of speech as enshrined under Article 10 of the Constitution.
"The amendment to this section also stipulates that content in the form of satire and parody, which are clearly fictional and not false, and any communication made in good faith, truthful in substance and fact, and consisting of statements of opinion, are not considered excessively offensive," he said.
