KUALA LUMPUR (Dec 3): Two advocacy groups have called on the government to delay the second reading of the Bill to amend the Communications and Multimedia Act (CMA) 1998 in Dewan Rakyat until further meaningful public and stakeholder consultations are conducted, with all feedback made publicly available.

The Centre for Independent Journalism (CIJ) and Article 19 in a statement on Tuesday said the "regressive" proposed amendments violate rights to freedom of expression and privacy, protected under the Federal Constitution and international human rights law.

The groups said the government is undermining its commitments under the Pakatan Harapan election manifesto — to review and repeal draconian provisions of Acts that restrict free speech, including the CMA.

"Instead, the government has introduced further rights-restricting amendments.  Over the years, the government has continued to abuse and weaponise the CMA to restrict freedom of expression," they said.

According to CIJ and Article 19, the proposed amendments would grant the Malaysian Communication and Multimedia Commission (MCMC) and the communications minister powers without oversight, enabling them to control and allow censorship.

For example, they noted that in Section 51 of the Bill, the expanded powers of MCMC to issue “written instructions” significantly broaden its original mandate by including “… any license conditions or any other conditions imposed by the Commission under this Act’.

"This unfettered clause would allow arbitrary powers without legislative oversight, risking arbitrary interference with freedom of expression," they said.

The two groups also referred to the proposed amendment to Section 51A to grant MCMC or any of its members immunity from prosecution or other proceedings when acting under the Act "in good faith".

"This ouster clause, which includes a vague and arbitrary notion such as 'good faith', would enable abuse of powers and create an accountability gap for human rights violations, allowing for impunity for those public officials. Furthermore, the possibility of arbitrary investigation without access to a remedy violates due process, fair trial and access to justice rights," they said.

CIJ and Article 19 also expressed concern about Section 233 which includes expansive and vague terms such as “feeling of disgust due to lewd portrayal” (Explanation 1), “content which is profane in nature” (Explanation 2), “evil threats” (Explanation 5), “crude references” (Explanation 6), and “hate speech” (Explanation 6), among others.

"We are particularly concerned by the inclusion of ‘hate speech’ under the amended provision — what constitutes 'grossly offensive' fails to meet international standards of restrictions of speech and expression," they said.

The groups called for the repeal of Section 233, saying the provisions are redundant and the offences already covered under the Penal Code.

The proposed amendments also include higher fines and longer prison sentences for certain offences, raising questions about fairness and proportionality.

CIJ and Article 19 said that although Malaysia might impose limitations to protect legitimate interests such as national security and public order, such restrictions must be narrowly defined, evidence-based and proportionate.

"The proposed amendments fall short of these standards and represent a concerning step backwards in protecting human rights in Malaysia," they said.

The CMA amendment Bill underwent the first reading in Dewan Rakyat on Monday.