PETALING JAYA: The Cybercrimes Bill 2026 could undermine media freedom if passed without adequate legal safeguards and should be deferred pending review by a Parliamentary Select Committee, warns the Malaysian Media Council (MMC)
In a statement on Monday (June 29), the council said confidential communications are a cornerstone of a democratic society, but provisions in the Bill could have wider implications for other forms of legally privileged communications, including those between journalists and whistleblowers, lawyers and clients, as well as other confidential relationships protected under the law.
“Without clear statutory safeguards, the exercise of broad investigative powers may have a chilling effect on investigative journalism, access to justice, whistleblowing, and the ability of citizens to seek confidential legal advice,” it said.
While supporting the government's efforts to combat cybercrime, the council said legislation intended to protect Malaysians from cybercrime must also incorporate safeguards to preserve constitutional liberties, maintain public confidence in institutions and ensure that legitimate journalism and the protection of journalistic sources are not inadvertently undermined.
It further called for the Cybercrimes Bill 2026 to be referred to a Parliamentary Select Committee for further study, consultation and debate before it is passed.
The council said its principal concerns relate to the investigative and enforcement powers contained in Part VII of the Bill, including provisions on access to computer systems, preservation of computer data, interception of communications, real-time collection of traffic data, search and seizure, and covert investigative activities.
“The Council is particularly concerned by provisions such as Clause 40, which permits the real-time collection of traffic data on the authorisation of the Public Prosecutor alone, with the service provider barred from disclosing that the power has even been exercised, as well as other provisions – including Clauses 38, 39 and 41 – allowing the preservation, disclosure and interception of communications, and in certain circumstances warrantless access to computer systems, without prior judicial authorisation,” it added.
The MMC maintained that powers involving the interception of communications, access to computer systems and the real-time collection of traffic data should generally be subject to prior judicial approval, except in narrowly defined emergency circumstances followed by prompt judicial review.
It also proposed several safeguards, including a defined retention and review period for data obtained under these powers, limiting their use to serious offences outside the cybercrime context, requiring periodic reporting on their use, and providing explicit protection for material capable of revealing privileged communications or journalistic sources.
On June 22, the government tabled the Cybercrimes Bill 2026 for its first reading in the Dewan Rakyat as part of efforts to strengthen the country's legal framework against increasingly complex and sophisticated cyber threats.
Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi said the proposed law would replace the Computer Crimes Act 1997 to better address current needs and fulfil Malaysia's international obligations in tackling cross-border cybercrime.
He said the Bill is scheduled for its second and third readings in the Dewan Rakyat on July 1 and would provide the National Cyber Security Agency (Nacsa), under the National Security Council in the Prime Minister's Department, with regulatory and enforcement powers relating to cybercrime.
