Proposed CMA amendment a 'game changer', says Fahmi

Communication Minister Fahmi Fadzil has hailed the proposed amendment to Section 233 of the Communications and Multimedia Act 1998 (CMA) as a “game changer”.

Speaking to the media in Kuala Lumpur today, Fahmi highlighted that the amendment would classify offences related to online pornography sales and paedophilia as seizable, granting police authority to act against offenders.

“I am certain this is not a trivial amendment but one that will help ensure that criminals, especially those involved in the sale of pornography, as seen in the ‘Hot Daddy’ case previously, as well as paedophiles who possess materials related to sexual crimes against children, are dealt with,” Fahmi said.

“These individuals are corrupters of the community. Therefore, we will introduce amendments to enable the police to detain and arrest these two groups,” he added.

The proposed amendments come after 26 years since the original law was enacted.

The bill was tabled for its first reading on Dec 2.

The amendments are aimed at addressing various issues - including hate speech, scams, and unsolicited messages. It also includes new explanations to refine and clarify Section 233.

For instance, Section 233(1)(a) has been amended so that objectionable communications are classified as “grossly offensive” rather than just “offensive.”

However, some rights groups such as Lawyers for Liberty have criticised the amendment, claiming it could serve as a backdoor attempt to introduce “fake news” laws and expressed concern the government is reneging on its promise to repeal such laws.

‘Defending freedom of speech’

In response, Fahmi reassured the public that the amendment would protect Malaysians' freedom of speech, making it not only guaranteed but defended.

“It will be more detailed and harder to misuse in the future. God willing, this will be an improvement,” he said.

Fahmi explained that the amendment would now include detailed explanations where it would be beneficial in the future.

“We have added them (explanation) to serve as examples so that the defence, prosecution and the judiciary can interpret the matter in greater detail. In my opinion, this is better.

“Although there have been criticisms from some parties, after over two years of careful consideration, we have decided to impose heavier penalties for certain offences and take more stringent actions,” Fahmi concluded.

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