KUALA LUMPUR: The controversial Section 233 under the newly- passed Communications and Multimedia (Amendments) Bill 2024 is crucial in combating network abuse, including commercial exploitation, pornography and paedophilia, says Fahmi Fadzil.
The Communications Minister said it was important to retain Section 233, adding, however, that he understood the concerns raised by some MPs.
“Fundamentally, it is the improper use of (communications) networks. If the Section is repealed, it would enable criminals, scammers and paedophiles to act freely.“That is the reality,” he said in his winding-up speech for debates on the Communications and Multimedia (Amendments) Bill 2024, yesterday. The Bill was passed via a bloc vote in the Dewan Rakyat.
A total of 59 MPs voted in favour of the Bill and 40 were against. One abstained from voting, while 122 MPs were absent during the vote.
The Bill was tabled for the first reading on Dec 2 along with the Malaysian Communications and Multimedia Commission (Amendments) Bill 2024 (MCMC).
One of the key amendments in the former replaces the term “offensive” when committed through a content or network service provider, with “grossly offensive”.
Earlier, several MPs stood up, including Syed Saddiq Syed Abdul Rahman (IND-Muar) who asked the government to retain the progressive parts of the Bill such as combating scams and online sexual crimes, but to repeal Section 233, which he and other Opposition MPs deemed regressive.
Fahmi said under the explanation of the Bill, any form of communications made with a “pure heart” (suci hati) will not be considered “grossly offensive” as long as the communication consists of factual statements, is true in content and is a statement of opinion.
“Previously, we did not have such an explanation. Section 233 has been improved with a detailed explanation of content elements added. 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).
“The amendments in the Bill, particularly Section 233, seeks to balance guaranteeing freedom and upholding the rule of law,” he added.
Fahmi also said that at the same time, the government would continue to uphold the right to freedom of speech as enshrined under Article 10 of the Constitution. 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, he added.
“The amendments also stipulate 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 grossly offensive,” he said.
Fahmi added that essentially, the Bill is aimed at enhancing online safety without restricting freedom of speech.
“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 cyberthreats,” he said.
Fahmi said the amendments are intended to create a robust legal framework to address the migration of conventional crimes online.
He said the legislation was also to ensure that the online environment is no longer dominated by harmful and excessively offensive content, which is inconsistent with the values of Malaysians.
“The amendments introduced under 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 argued.
