The proposed amendments to the Communications and Multimedia Act 1998 (CMA) have raised significant concerns among various stakeholders, particularly regarding their potential to suppress freedom of expression and constructive criticism. Despite these concerns, the Ministry of Communications, under the leadership of Minister Fahmi Fadzil and Deputy Minister Teoh Nie Ching, has not addressed critical issues in the Communications and Multimedia (Amendment) Bill 2024 (CMA). 

Of particular concern is the ambiguous and subjective nature of the term “grossly offensive” as introduced in the amended Section 233 of the CMA. While the amendment aims to address online harm and improve content regulation, the absence of a clear, objective definition for “grossly offensive” creates serious risks of inconsistent interpretation and application.

This ambiguity grants excessive discretion to investigating officers, prosecutors, and the courts in determining what constitutes “grossly offensive” content. Such subjectivity opens the door to potential misuse, bias, and uneven enforcement—particularly against dissenting voices, activists, political opponents, or government critics. The lack of clarity could be exploited to suppress legitimate criticism and public discourse, undermining the fundamental principles of free speech and democracy.

Legislation must be drafted with precision and clarity to ensure fairness and protect individuals from arbitrary or politically motivated prosecution. Vague legal definitions create uncertainty and can be weaponised to silence legitimate voices under the guise of maintaining order or regulating content. This would contradict the very democratic principles that Pakatan Harapan has long advocated.

To safeguard free expression while addressing online harm, the government must urgently refine the definition of “grossly offensive” and establish clear, objective guidelines for its enforcement. A well-defined legal framework is essential to protect against abuse, ensure consistency in implementation, and maintain public confidence in the integrity of the law.

We urge the government to revisit and amend the Bill to provide clarity, fairness, and safeguards that uphold free speech while respecting Malaysia’s societal values. Laws designed to regulate online content must strike a balance between protecting the public and preserving the democratic space for open dialogue and criticism.

Neow Choo Seong
MCA Youth Information Chief

17 December 2024

-MCA Comm-