The Malaysian government is facing criticism over proposed amendments to the Communications and Multimedia Act (CMA) that would introduce harsher penalties and wider powers to address harmful online content. The changes, tabled by Communications Minister Fahmi Fadzil, include fines up to RM1 million and prison terms up to 10 years for certain offenses. Civil society groups and experts argue that the amendments could severely restrict free speech and give the Malaysian Communications and Multimedia Commission (MCMC) excessive power without sufficient oversight. Dr.
Benjamin Loh, a senior lecturer at Taylor’s University, described the changes as “horrific” and a potential return to an oppressive state. Controversial aspects include Section 73A, which allows MCMC to search and seize information from service providers without protecting journalistic sources, and Section 51A, which provides immunity to MCMC if acting “in good faith.” Critics fear these provisions could lead to abuse of power and increased impunity for public officials. The proposed increases in fines and imprisonment, licensing regime for social media companies, and strict liability on service providers for user-generated content have also raised concerns about undermining online freedom of expression.
Human rights group Lawyers for Liberty warned that the broadened definition of falsehood could deter public discourse on matters of public interest. Despite the backlash, Minister Fahmi Fadzil emphasized the government’s commitment to stakeholder consultation. The proposed amendments are expected to be debated in parliament next week, setting a precedent for balancing online content regulation and free speech protection in Malaysia.
The Dewan Rakyat has deferred the Communications and Multimedia Commission of Malaysia (Amendment) Bill 2024 for further review by the Parliamentary Special Select Committee (PSSC) on Infrastructure, Transport, and Communications, as well as the Special Select Committee on Human Rights, Electoral, and Institutional Reform. Communications Minister Fahmi Fadzil proposed the deferment to gather input and suggestions for improving the Bill.
Fahmi defends harsh MCMC amendments
Fahmi acknowledged concerns raised by Members of Parliament during the debate that were not addressed in prior MCMC engagement sessions with stakeholders. He advocated for additional time to examine and refine the Bill, seeking views from the relevant Parliamentary Select Committees to strengthen MCMC. The amendment aims to enhance MCMC’s role and bolster its governance and operations to ensure resilience and sustainability in regulating the communications and multimedia industry.
One critical amendment involves separating the roles of Chairman and Chief Executive Officer, currently held by the same individual under existing legal provisions. The Centre for Independent Journalism (CIJ) has expressed concerns about specific provisions of the Online Safety Bill 2024, which has the potential to undermine freedom of expression in Malaysia. Despite some positive aspects, such as the exclusion of private messaging features and safeguarding freedom of expression from unreasonable limitations, many aspects pose significant risks.
Key concerns include the lack of independent oversight, with the MCMC possessing excessively broad powers without necessary safeguards. The extensive authority granted to the MCMC through amendments to the Communications and Multimedia Act (CMA) is also a concern, as it includes issuing directions to service providers, searching and seizing information without a warrant, and accessing computerized data without judicial oversight. The broad definition of “harmful content” in the Bill could potentially lead to the removal of lawful content and enable government exploitation to censor unwanted speech.
The CIJ proposes the establishment of a separate and independent Online Safety Commission, free from government interference, to oversee the Bill and ensure accountability. While the need for regulating online platforms is recognized, the current provisions of the Online Safety Bill 2024 raise substantial concerns about overreach and the potential to undermine freedom of expression in Malaysia. The organization calls for substantial revisions to align the Bill with human rights standards.
