Press Statement
The new amendments to the CMA 1998 is a backdoor attempt to legislate fake news law & an utter betrayal to the promise to repeal
4 December 2024
We refer to the Bill to amend the Communications and Multimedia Act 1998 that was tabled for a first reading in the Dewan Rakyat on Monday.
We are shocked to see that the government has gone back on its promise to repeal Section 233(1)(a) of the Communications and Multimedia Act 1998 (“CMA”). Instead, it has chosen to fortify and strengthen it, making the draconian law even more onerous.
This is an utter betrayal by Pakatan Harapan of their longstanding promise to the people that they would repeal section 233. Pakatan Harapan hold the most powerful positions of PM, Home Minister and Communications Minister; they cannot evade responsibility.
It is obvious that the proposed amendment to Section 233 of the CMA is a backdoor attempt to introduce “fake news” legislation. This can be seen from the insertion of the explanation to the word “false”, where content or information which are “confusing” or “incomplete” or “untrue” would be considered an offence under Section 233(1)(a) which would carry a fine up to five hundred thousand ringgit or imprisonment for up to two years, if the proposed amendments were to pass.
The inclusion of “confusion” and “incomplete” in the definition of falsehood here massively widens the offence. It will put fear upon the public and prevent them from participating in discussions regarding matters of public interest. It would have a chilling effect on freedom of speech.
It would mean that allegations of corruption, abuse of power or general criticisms of the government cannot take place unless the public have the complete and full facts of every aspect of any matter or allegation. Otherwise, they could be nabbed and charged for the offence under Section 233(1)(a) of the CMA.
It is appalling that a government led by Pakatan Harapan is spearheading such amendments. The tactic of calling any criticisms of the government as criminal falsehood is a tactic employed by the previous BN governments. Now, those who themselves once fell victim to it are not only embracing those same tactics, but enhancing it through this proposed amendment.
No one can deny that the Madani government is utilising every avenue to clamp down on free speech, and the proposed amendment to Section 233 is one of a series of authoritarian laws in the armoury of laws that they are amassing.
We remind the government of their duty to uphold freedom of speech, a right guaranteed under Article 10(1)(a) of the Federal Constitution. A government supposedly dedicated to transparency and reform should make this right paramount, as it is the very basis of a functioning democracy and what empowers the people to keep the government in check without fear of reprisals.
We strongly urge the Madani government to withdraw the Communications and Multimedia (Amendment) Bill 2024 and its plans to maintain and strengthen Section 233(1)(a) of the CMA. Instead, the government must immediately introduce a Bill to repeal section 233(1) in its entirety.
Issued by:
Zaid Malek
Director
Lawyers for Liberty