(Dec 4): We refer to the Bill to amend the Communications and Multimedia Act 1998 (CMA) that was tabled for a first reading in the Dewan Rakyat on Monday.
We are shocked to see that the government has gone back on its promise to repeal Section 233(1)(a) of the CMA. Instead, it has chosen to fortify and strengthen it, making the draconian law even more onerous.
This is an utter betrayal by Pakatan Harapan (PH) of their long-standing promise to the people that they would repeal Section 233. PH holds the most powerful positions of the prime minister, home minister and communications minister; they cannot evade responsibility.
It is obvious that the proposed amendments to Section 233 of the CMA are a backdoor attempt to introduce "fake news" legislation. This can be seen from the insertion of the explanation of the word "false", where content or information which is "confusing" or "incomplete" or "untrue" would be considered an offence under Section 233(1)(a), which would carry a fine up to RM500,000 or imprisonment for up to two years, if the proposed amendments were to be passed.
The inclusion of “confusion” and “incomplete” in the definition of falsehood here massively widens the offence. It will put fear upon the public and prevent them from participating discussions regarding matters of public interest. It would have chilling effect on freedom of speech.
It would mean that allegations of corruption, abuse of power or general criticisms of the government cannot take place unless the public have the complete and full facts of every aspect of any matter or allegation. Otherwise, they could be nabbed and charged for the offence under Section 233(1)(a) of the CMA.
It is appalling that a government led by PH is spearheading such amendments. The tactic of calling any criticisms of the government as criminal falsehood was a tactic employed by the previous Barisan Nasional government. Now, those who themselves once fell victim to it are not only embracing those same tactics, but enhancing it through this proposed amendment.
No one can deny that the Madani government is utilising every avenue to clamp down on free speech, and the proposed amendments to Section 233 are one of a series of authoritarian laws in the armoury of laws that they are amassing.
We remind the government of their duty to uphold freedom of speech, a right guaranteed under Article 10(1)(a) of the Federal Constitution. A government supposedly dedicated to transparency and reform should make this right paramount, as it is the very basis of a functioning democracy and what empowers the people to keep the government in check without fear of reprisals.
We strongly urge the Madani government to withdraw the Communications and Multimedia (Amendment) Bill 2024, and its plans to maintain and strengthen Section 233(1)(a) of the CMA. Instead, the government must immediately introduce a Bill to repeal Section 233(1) in its entirety.
Zaid Malek is a director at Lawyers for Liberty, a human rights and law reform initiative.