Cybercrimes Bill overreaching, should be subjected to parliamentary scrutiny

 

The Malaysian Media Council (MMC) supports the government’s efforts to modernise Malaysia’s legal framework to combat cybercrime, online fraud, identity theft, malicious deepfakes, and other emerging harms enabled by rapidly evolving technologies.

The council recognises the importance of equipping law enforcement agencies with effective tools to address increasingly sophisticated cyber threats and welcomes provisions aimed at protecting victims of intimate image abuse and AI-enabled deception.

At the same time, the MMC believes that legislation intended to protect Malaysians from cybercrime must also incorporate robust safeguards to preserve constitutional liberties, maintain public confidence in institutions, and ensure that legitimate journalism and other privileged communications are not inadvertently undermined.

The council’s concerns relate principally to the investigative and enforcement powers contained in Part VII of the bill.

The MMC notes that the bill contains extensive powers relating to access to computer systems, preservation of computer data, interception of communications, collection of real-time traffic data, search and seizure, and covert investigative activities.

The council is particularly concerned by provisions such as Clause 40, which permits the real-time collection of traffic data on the authorisation of the public prosecutor alone, with the service provider barred from disclosing that the power has even been exercised.

Other provisions of concern include Clauses 38, 39, and 41, which allow the preservation, disclosure and interception of communications, and in certain circumstances, warrantless access to computer systems, without prior judicial authorisation.

The council has consistently maintained that powers involving the interception of content data, real-time collection of traffic data, access to computer systems, and related intrusive measures should generally be subject to prior judicial approval, except in narrowly defined emergency circumstances, followed by prompt judicial review.

Privileged communication

In this regard, the council has already identified several specific, practical safeguards that could address its concerns without compromising the bill’s operational objectives.

These include a defined retention and review period for data obtained under these powers, a seriousness threshold limiting their extension to offences outside the cybercrime context, a requirement for periodic reporting on their use, and explicit protection for material capable of revealing privileged communications or journalistic sources.

Confidential communications are a cornerstone of a democratic society. While the MMC’s immediate concern is the protection of journalistic sources and materials, the implications of the bill may extend more broadly to other recognised forms of privileged communication.

They include exchanges between lawyers and clients protected by legal professional privilege, communications between journalists and whistleblowers, and other confidential relationships deserving of protection under the law.

Without clear statutory safeguards, the exercise of broad investigative powers may have a chilling effect on investigative journalism, access to justice, whistleblowing, and the ability of citizens to seek confidential legal advice.

The council is mindful that public confidence in enforcement institutions depends not only on the effectiveness of their powers, but also on the existence of meaningful oversight mechanisms.

Extraordinary powers of this nature should be accompanied by strong safeguards, independent judicial supervision, and effective avenues for review.

Such protections are necessary not merely to prevent abuse, but to sustain public trust in the institutions entrusted with enforcing the law.

Parliamentary scrutiny needed

The MMC welcomes the engagement shown by the National Cyber Security Agency, the National Security Council, and other government stakeholders in responding promptly to the council’s submissions and explaining the rationale underlying the bill’s provisions.

The council appreciates the government’s commitment to addressing cyber threats and recognises the importance of a modern legal framework to combat cyber-enabled harms.

However, the MMC is of the view that legislation conferring such extensive investigatory, surveillance, and enforcement powers warrants further scrutiny to ensure that it strikes the appropriate balance between national security, cyber resilience, civil liberties, media freedom, legal professional privilege, and due process.

Given the breadth of powers contemplated by the Cybercrimes Bill 2026 and its potential implications for citizens, businesses, media organisations, legal practitioners, and civil society, there is merit in allowing for more comprehensive public deliberation and expert examination.

Accordingly, the council respectfully proposes that the Cybercrimes Bill 2026 be referred to the relevant Parliamentary Select Committee for further study, consultation, and debate.

Such a process would provide MPs, legal experts, technologists, media practitioners, civil society organisations, industry representatives, and affected stakeholders with an opportunity to better understand the practical implications of the bill, consider additional safeguards where necessary, and help ensure that the legislation commands broad public confidence.

The MMC believes that a measured and consultative approach will ultimately strengthen the bill, enhance its legitimacy, and ensure that Malaysia adopts a cybercrime framework that is both effective in combating digital harms and fully consistent with democratic principles, constitutional guarantees, and the rule of law.

The MMC remains committed to constructive engagement with Parliament, the government, media organisations, legal practitioners, civil society, and industry stakeholders to ensure that the Cybercrimes Bill 2026 evolves into legislation that is effective against cybercrime.

But it must also be proportionate in its reach and fully consistent with Malaysia’s constitutional commitment to freedom of expression, due process, and democratic accountability. - Mkini

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The MALAYSIAN MEDIA COUNCIL is an independent statutory body established under the Malaysian Media Council Act 2025, governing the media industry across print, broadcast, and digital platforms.

The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.