KUALA LUMPUR: The government is not planning any further amendments to Section 233 of the Communications and Multimedia Act 1998 (CMA) for now, says Communications Minister Fahmi Fadzil (pic).
“Taking into account that improvements have already been made to Section 233 through the 2024 amendments, as well as the Federal Court’s recent decision, there are no proposals for further amendments at this time,” he said in a written reply to Syahredzan Johan (PH–Bangi) on Tuesday (March 3).
However, Fahmi said this position remains subject to further study of the recommendations in the Federal Court’s judgment.
He said the government respects the Federal Court’s Feb 6, 2026, decision in the case of the Malaysian Government v activist Heidy Quah Gaik Li, which concerned the validity of parts of Section 233 of the CMA.
“The decision strengthens the legal position relating to policy implementation and law enforcement under the purview of the Communications Ministry, particularly in ensuring that the country’s communications and multimedia ecosystem remains safe, responsible and imbued with integrity,” he said.
Fahmi added that the ministry takes seriously the reasoning set out in the court’s decision and will work with the Attorney General’s Chambers and the police to scrutinise several matters highlighted by the apex court.
He said the ministry will continue to enhance public awareness of the ethical and responsible use of communication platforms and social media.
Quah, founder of the NGO Refuge for the Refugees, was charged on 27 July 2021 under Section 233(1)(a) of the Communications and Multimedia Act over a Facebook post alleging mistreatment of refugees at an immigration detention centre.
Prosecutors said she posted the allegedly offensive content on her “Heidy Quah” Facebook page at about 5.30am on 5 June 2020, and that it was later read at the immigration detention depot management office in Putrajaya on 10 June 2020.
Then aged 27, she faced a maximum penalty of a RM50,000 fine or up to one year in jail, or both, plus a further RM1,000 fine for each day the offence continued after conviction.
Section 233 of the Communications and Multimedia Act 1998 (CMA) criminalises the “improper use of network facilities or network service” to transmit communication that is obscene, indecent, false, menacing or offensive, with the intent to annoy, abuse, threaten or harass.
