The undersigned civil society organisations strongly condemn the passing of the regressive amendments to the Communications and Multimedia Act 1998 (CMA) after the second and third reading on 9 December.
The bill was passed with 59 MPs voting for the amendments, 40 MPs against them, and one abstention.
The bill provides, among other things, for an alarming expansion of the powers of the Malaysian Communication and Multimedia Commission (MCMC) to decide what kind of content is to be online and what is to be removed, to compel service providers to provide user data and to suspend the services of content application service providers for non-compliance.
The bill also increases already disproportionate punitive measures for offences such as providing offensive content by content application service providers.
It further fails to repeal some of the key provisions undermining freedom of expression, namely Sections 211 and 233, despite repeated demands by civil society organisations.
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The “Madani” (civil and compassionate) government’s deliberate stalling on critical advances in human rights reforms creates an environment that fosters greater censorship and undermines accountability.
This regression not only impedes progress but also curtails the freedoms of individuals, leading to a society where dissent is silenced and transparency is increasingly elusive.
We are gravely disappointed that the Madani government, led by the Pakatan Harapan, has reneged on its manifesto to review and repeal draconian provisions of acts that restrict free speech, including the CMA.
Instead, the government has introduced further rights-restricting amendments.
Overreach without oversight
The amendments grant the MCMC sweeping powers to regulate online content, allow the MCMC and its “authorised officers” to enter premises and conduct search and seizure without a warrant, and compel social media platforms to disclose user data upon request without any judicial oversight.
Separately, the MCMC Act has been amended to give the MCMC immunity from any court or other proceedings.
These amendments and the MCMC Act threaten privacy, freedom of expression, and due process as guaranteed under the Federal Constitution and international human rights standards.
Section 247 of the CMA expands the scope of the MCMC’s investigative powers to request records, including data that service providers must retain under the new record-keeping rules made by the minister.
Under Sections 252A and 252B, the MCMC can compel service providers to disclose and preserve user data, undermining data protection and privacy rights.
The bill was approved with specific amendments to Sections 211 and 233 of the CMA. These sections address content-related offences, which the government has systematically misused over the years.
This misuse has resulted in the wrongful detention and investigation of various individuals, including human rights defenders who advocate for justice and equality, opposition politicians who challenge the ruling party, journalists who seek to report the truth, cartoonists who use satire to criticise authority, and filmmakers who explore critical social issues.
While the government claims that the new measures will streamline investigations, they fail to address the basic principles of liberty of a person as recognised under Article 5 of the Federal Constitution, nor do they meet the three-part test of legality, legitimacy and necessity required under international law to justify restrictions on freedom of expression.
The regressive amendments are inconsistent with Article 10 of the Federal Constitution and Section 3(3) of the CMA, which clearly states that “nothing in the CMA shall be construed as permitting internet censorship”.
Instead, they risk creating a chilling effect on free speech, eroding public trust, and enabling mass surveillance. The absence of independent judicial oversight over data access requests further exacerbates these violations, stripping the people of essential protections against arbitrary surveillance.
During the debate, some government and opposition MPs suggested that the bill be sent to the parliamentary Special Select Committee on Human Rights, Elections and Institutional Reform for broader consultations.
Notwithstanding, the bill was still passed without any guarantees of safeguards by the government.
Recommendations
Any legislation seeking to regulate online content must be grounded in protecting human rights and meet the freedom of expression standards outlined in Article 19 of the International Covenant on Civil and Political Rights.
Though Malaysia is not a party to the covenant, the UN special rapporteur on the promotion and protection of the right to freedom of opinion and expression noted in 2018 that the content of Article 19 of the covenant is based on Article 19 of the Universal Declaration of Human Rights and thus should inform Malaysia’s obligations under international law.
The bill, however, falls short of these principles, creating an environment ripe for overreach and misuse.
Once more, we urge the Malaysian government to reverse course and uphold freedom of expression.
More specifically, we call on the government to:
- halt the subsequent reading at the Senate and send the bill to the special select committee for further review and consultation
- repeal Sections 211 and 233
- review all provisions under the CMA that do not align with freedom of expression standards as enshrined in Article 10 of the Federal Constitution
- commit to transparent and inclusive policymaking that respects the rights of all and fosters trust and accountability
We, the undersigned, stand united to defend freedom of expression, information, internet freedom, privacy and human rights.
Endorsed by:
- Article 19
- Centre for Independent Journalism (CIJ)
- Amnesty International Malaysia
- Sisters in Islam (SIS)
- Sinar Project
- Justice for Sisters
- Freedom Film Network
- Suara Rakyat Malaysia (Suaram)
- Kryss Network
AGENDA RAKYAT - Lima perkara utama
- Tegakkan maruah serta kualiti kehidupan rakyat
- Galakkan pembangunan saksama, lestari serta tangani krisis alam sekitar
- Raikan kerencaman dan keterangkuman
- Selamatkan demokrasi dan angkatkan keluhuran undang-undang
- Lawan rasuah dan kronisme
