PARLIAMENT | The government plans to review aspects of Section 233 of the Communications and Multimedia Act (CMA), which has come to be known among activist circles as the 'Akta Sakit Hati' (Hurt Feeling Act).
Deputy Communications and Digital Minister Teo Nie Ching said the review would focus more on how to ensure investigations could be carried out more smoothly.
“There are efforts to examine aspects of Section 233 but it is more towards how to ensure that investigations can be run more smoothly.
“I welcome all suggestions on how to improve Section 233. There is a need for Section 233 to exist but how can we make sure it is not abused,” Teo said in the Dewan Rakyat during the question-and-answer session today.
This was in response to a question from Syahredzan Johan (Harapan-Bangi) who asked whether there are efforts to amend Section 233 to ensure it will not be abused.
He pointed out that Section 233 is known to be a problematic provision.
“I myself as a lawyer have often represented clients, normal people, who have been arrested, investigated, charged and later convicted (under the provision) for criticising politicians,” Syahredzan said.
Section 233 criminalises the ‘improper use’ of network facilities with the intent of annoying, abusing or threatening another person.
The law allows for a fine of up to RM50,000, a jail term of up to one year, or both, upon conviction.
Detractors of the provision have said it is meant to protect vulnerable communities from hate speech, instead of being used 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 former prime minister Najib Abdul Razak.
Malaysiakini and KiniTV directors, former editor-in-chief Steven Gan and former chief executive officer Premesh Chandran, were also charged under the same section in 2018 for allegedly uploading an offensive video on former attorney-general Mohamed Apandi Ali.
However, they were granted an acquittal by the Kuala Lumpur Sessions Court.
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.
Earlier in the Dewan Rakyat, Teo said that a total of 2,825 complaints have been received and investigated under Section 233 by the Malaysian Communications and Multimedia Commission since 2009.
Of those complaints, 58 percent involved pornographic content while only three percent involved threatening content, she said.
As of Feb 28, 2023, 2,478 of those cases have been categorised as "no further action" or "no offence disclosed, due to lack of sufficient evidence". - Mkini
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.