KUALA LUMPUR (Nov 27): A total of 65 charges have been filed under Section 233 of the Communications and Multimedia Act 1998 out of 876 cases investigated in the five-year period between January 2018 and Nov 15, 2023, according to Deputy Communications and Digital Minister Teo Nie Ching.

Teo said that investigations under the Act could be conducted by either the police or the Malaysian Communications and Multimedia Commission (MCMC).

"Both the police and MCMC have investigation powers under Section 233, but if a case is being investigated by the police, MCMC will not investigate, as this would be a dual jeopardy. However, if it is not being investigated by the police, then MCMC still retains its own investigation powers," Teo said during the oral question and answer session in Dewan Rakyat on Monday.

Section 233 of the Communications and Multimedia Act prohibits the use of network facilities to transmit communications deemed offensive or likely to cause annoyance to another person. An offence under this section is punishable by up to one year of imprisonment, a fine of up to RM50,000, or both, upon conviction.

Answering a separate inquiry from Lim Lip Eng (PH-Kepong), who inquired whether the government intended to put the Community Communications Department (J-Kom) under the Communications and Digital Ministry, Teo stated that the government currently had no such plans.

Teo further clarified that J-Kom was taken out of the Communications and Multimedia Ministry during the tenure of then prime minister Tan Sri Muhyiddin Yassin in 2021.

"For the moment, J-Kom will continue to be placed under the Prime Minister's Department (JPM), and if the prime minister wishes to relocate J-Kom under the Communications and Digital Ministry in the future, we will follow the instruction," Teo added.

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