PARLIAMENT | Section 233 of the Communication and Multimedia Act (CMA) – which has come to be known as ‘Akta Sakit Hati’ (Hurt Feelings Act) – has generally not been abused, said Communications and Digital Minister Fahmi Fadzil.
He cited data from the Malaysian Communications and Multimedia Commission (MCMC) which stated that over half of the complaints received under that provision dealt with obscene materials while a further 20 percent involved fake news.
Only 19.1 percent dealt with offensive content, he said.
“So based on the numbers from MCMC, more than 80 percent of complaints received are not offensive in nature. The majority deals with obscene content.
“From this, we can see that, in general, this act was not abused, at least not under the monitoring of the ministry,” Fahmi said during the Minister’s Question Time in the Dewan Rakyat today.
Due for an update
He was responding to Kelvin Yii (Pakatan Harapan-Bandar Kuching) who had asked how the ministry will ensure Section 233 of the CMA was not abused.
Yii had also asked if the ministry would consider discussing with the Home Ministry about imposing a moratorium on charging those investigated for disseminating offensive content under Section 233.
Fahmi (above) said that his ministry will discuss with all relevant stakeholders including the Home Ministry to ensure Section 233 was not abused.
The minister added that the CMA has not been amended since it was enacted 25 years ago and as such, it is due for an update, especially in light of the developments in the way network facilities are used.
For example, he said, in 2010, the highest number of complaints lodged were received through text messages but in 2022, only two complaints were conveyed via text message.
Deputy Communications and Digital Minister Teo Nie Ching had previously told the Dewan Rakyat that the government is reviewing a proposal to give more power to Section 233.
She also said a study will be carried out to find better ways to regulate social media platforms.
Before that, Teo had also said the review of Section 233 would focus more on how to ensure investigations could be carried out more smoothly.
Section 233 of the CMA criminalises the “improper use” of network facilities with the intent of annoying, abusing or threatening another person.
The law currently allows for a fine of up to RM50,000, a jail term of up to one year, or both, upon conviction.
Powerful people
It has been criticised due to its broad definition and how the authorities may abuse it to arrest critics of powerful people.
Some high-profile cases involving Section 233 include graphic artist Fahmi Reza, who was charged in June 2016 for posting a clown caricature of then-prime minister Najib Abdul Razak.
Malaysiakini former editor-in-chief Steven Gan and former CEO Premesh Chandran were also charged under the same section in 2018 for allegedly uploading an offensive video of former attorney-general Mohamed Apandi Ali.
Also in 2016, a teenager was sentenced to one year’s imprisonment under Section 233 after pleading guilty to 14 counts of making insulting comments against Johor Crown Prince Tunku Ismail Sultan Ibrahim. - Mkini
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