Malaysia Ramps Up Internet Control With Proposed Law, Sparking Fears of Censorship
KUALA LUMPUR – A controversial overhaul of Malaysia’s internet regulations has sparked outrage among digital rights groups and experts, who warn it could stifle free speech and pave the way for a “fake news” crackdown.
The proposed amendments to the Communications and Multimedia Act (CMA), tabled in parliament on December 2 by Communications Minister Fahmi Fadzil, introduce significantly harsher penalties for online offenses – with fines up to RM1 million (around $220,000 USD) and potential prison sentences of up to 10 years. These punishments represent a drastic increase from current provisions, which carry fines of up to RM300,000 (approximately $66,000 USD) and jail time of up to three years.
The scope of the proposed CMA changes is extensive, encompassing 25 existing violations and introducing nine new offenses. For example, violations under Section 233, which deals with improper internet use, could now result in a RM500,000 fine and two years imprisonment, up from the current RM50,000 fine and one year jail term.
One significant addition is the criminalization of operating telecommunications services after a license has been revoked – an offense punishable by up to RM500,000 in fines and five years behind bars.
Critics argue these amendments grant the Malaysian Communications and Multimedia Commission (MCMC) excessive power without sufficient oversight, potentially enabling censorship and control over online content.
Dr. Benjamin Loh, a media and communication expert at Taylor’s University, expressed deep concern, stating: "These changes are quite horrific and beckon a return to a more oppressive state where… personal freedoms are stripped away as government enforcers will be given excessive power to punish, search and monitor the media and even private citizens."
Highlighting specific concerns, Dr. Loh pointed to Proposed Section 73A, which empowers the MCMC and its officers to seize information from service providers without safeguards for journalistic sources. He emphasized the vagueness of many proposed offenses, allowing for arbitrary interpretation and selective enforcement, a historical pattern in Malaysia, according to Dr. Loh.
“Many of the proposed crimes and infractions are worded in very abstract and unclear forms, leaving much room for interpretation, which in Malaysia’s history has allowed the government to administer (them) selectively and with little recourse to challenge,” Dr. Loh added.
Civil society groups Article 19 and the Center for Independent Journalism (CIJ) echoed these concerns, highlighting Proposed Section 51A, which grants immunity to the MCMC and its agents from legal action when acting “in good faith.”
They argue this broad immunity clause, coupled with the undefined term "good faith," opens the door for abuse of power and creates a chilling effect on accountability for human rights violations.
"This ouster clause… would enable abuse of powers and create an accountability gap for human rights violations, allowing for impunity for those public officials," they stated in a joint statement.
“Furthermore, the possibility of arbitrary investigation without access to a remedy violates due process, fair trial and access to justice rights,” Article 19 and CIJ added.
Both groups have demanded justification for the steep increase in penalties, arguing that no rationale has been provided to support the need for such drastic measures.
The proposed CMA amendments are expected to be debated in parliament next week, fueling anxieties about potential internet censorship and the erosion of online freedoms in Malaysia.
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