KUALA LUMPUR – The cabinet has agreed in principle to review the Communications and Multimedia Act (CMA) 1998, aimed at adapting penalties to better reflect current economic conditions, said Communications Minister Fahmi Fadzil.
During a press conference held after the cabinet meeting today, he said that amendments were required as the penalties outlined in the act were nearly three-decades old.
“The cabinet has approved in principle efforts by the Communications Ministry to re-examine (the CMA), which is the continuation of a policy determined around August 2022 prior to the dissolution of Parliament.
“The telecommunications industry has seen massive growth since the act was first enacted in 1998, so one of the main focuses (for the amendments) will be on technical issues and penalties for infringements,” Fahmi said.
He added that since the ministry would study the aspects of the law that could be improved, corrected and updated, Section 233 of the act, which has courted controversy in the past, would also be reviewed.
“Many MPs have a firm view (on the section), and there are also those who question whether the act is firm enough.
“The ministry will hold discussions with stakeholders, including those from (relevant) industries, and take into consideration the views expressed by all parties.”
Section 233 of the CMA criminalises the use of network facilities to transmit any communication that is obscene, indecent, false, menacing or offensive in character with the intent to annoy, abuse, threaten or harass another person.
Those found guilty of the offence can be fined up to RM50,000, imprisoned for a maximum term of one year, or both. An offender can also be fined RM1,000 for every day that the offence continues after conviction.
Previously, several quarters, including the Malaysian Bar, had expressed concern over the section, deeming it a serious encroachment on freedom of speech and expression as guaranteed under the Federal Constitution. – March 8, 2024