KUALA LUMPUR: The Communications and Multimedia Act 1998 (Act 588) is still required to address crimes in cyberspace, says Teo Nie Ching (pic).
The Deputy Communications Minister said the Act was used to charge the cyberbullies of deceased influencer A. Rajeswary (Esha) and also Adeline Chang, a social media influencer, for making obscene online remarks against a minor.
“One of her (Esha's) cyberbullies, a lorry driver, was sentenced to 12 months in prison.
“Chang uploaded a picture of a five-year-old and made obscene comments. She was charged under Section 233 (of the Communication and Multimedia Act 1998) and she was fined RM7,000.
“So, if we are saying that Section 233 of the Communication and Multimedia Act should be suspended until amendments are tabled in Parliament, it is very impractical,” said Teo during Question Time in Parliament on Wednesday (Nov 13).
Teo said the Communications Ministry is hoping to present amendments to the Communications and Multimedia Act 1998 to the current Dewan Rakyat seating that is set to end Dec 12.
Esha was found dead in a condominium unit in Setapak on July 15, a day after lodging a police report regarding the cyberbullying she was facing.
Esha’s cyberbully Shalini Periasamy, who was one of the two individuals charged with communications offences, was fined a mere RM100 in default seven days imprisonment for deliberately uttering vulgarities with the intention to incite anger and disturb peace through her TikTok account.
The other cyberbully, B Sathiskumar, was jailed 12 months for verbally abusing Esha, and his sentence began concurrently from the date of his arrest on July 10.
Teo was responding to a supplementary question by Kamal Ashaari (PN-Kuala Krau), who asked whether there would be a moratorium on Act 588 until its amendment is passed in Parliament.
Earlier, Kelvin Yii (PH-Bandar Kuching), asked about measures to ensure that this act does not restrict freedom of speech.
Yii also asked if there were any engagement sessions done for the amendment to the Communications and Multimedia Act.
Teo said the engagement sessions had begun last year in October and November, involving stakeholders such as MPs, and the Bar Council, among others.
“The draft to the amendment has been approved by the Attorney General’s Chambers (AGC) and we are distributing it to ministries and agencies,” said Teo.
Teo also said the Communications Ministry and the Malaysian Communications and Multimedia Commission (MCMC) have held several meetings with the legal affairs division under the Prime Minister’s Department to ensure no clashes between the Online Safety Bill and Act 588, including in the context of the application of Section 233.
Section 233 of Act 588 prohibits the use of network facilities to transmit communications deemed annoying to another person.
In July, The Star reported that amendments to the Communications and Multimedia Act will be tabled in the current Dewan Rakyat meeting that is set to end on Dec 12.
Communications Minister Fahmi Fadzil had said the amendments are expected to address cyberbullying, and among others.
