With the new amendments, the MCMC will have expanded functions. — CHRISTOPHER FAM/The Star
The new communications Act amendments seek to curtail online negative elements
IN an attempt to protect minors in an age where the Internet is so pervasive, Communications Minister Fahmi Fadzil has proposed to make several amendments to the Communications and Multimedia Act (CMA) 1998.
This would mean the recomposition of the Malaysian Communications and Multimedia Commission (MCMC), and in effect, expanding its functions.
The Malaysian Communications and Multimedia Commission (Amendments) Bill 2024 proposes amendments to 118 existing sections, as well as to create 15 new ones in order to better combat the growing threat of online criminal activities, including online sexual offences and the spread of false information.
The amendments became law on Dec 9, when the highly contested Communications and Multimedia (Amendments) Bill 2024 (CMA) was passed in the Dewan Rakyat with a narrow majority.
This would notably allow content application service providers to be banned from providing content deemed as “indecent” and “grossly offensive” under Section 211 (a) and (b), with punishment for the offences increased to a RM1mil fine and a jail term not exceeding 10 years, or both, upon conviction.
Furthermore, the application services for the offending content can be banned by the MCMC for non-compliance.
Under Section 232, punishment is increased for those convicted for fraudulent use of network facilities, where a RM300,000 fine was raised to RM1mil and imprisonment from three years to 10 years.
The wording of the offences committed through a content applications services provider will now include “grossly offensive” under Section 233, with grossly offensive content being defined as material that contains crude references, hate speech and violence.
In this context, hate speech encompasses words, visuals, audio, or gestures that insult or demean an individual.
These should, however, be taken in context as violence shown in news reporting, which should adhere to journalistic ethics or communications, are made in good faith and are not considered grossly offensive.
The amendment also includes “harass or commit an offence involving fraud or dishonesty against any persons”.
It also prohibits knowingly providing obscene content for commercial purposes through a service provider or application.
Offenders convicted under this provision face a maximum fine of RM1mil, up to 10 years’ imprisonment, or both.
Significant changes have also been made to prohibit content applications service providers or individuals using such services from distributing “indecent” or “grossly offensive” material.
To curb the act of commercial “spamming”, Section 233A was introduced to ban such activities, which can be susceptible to minors or those who are unfamiliar with modern devices.
Penalties for those convicted under this section are increased to a maximum fine of RM500,000 or a jail term not exceeding two years.
However, should the crimes be committed against a child under 18, the convicted offender would face a maximum RM500,000 fine or a jail term not exceeding five years.
Under Section 236A, victims of online scams or fraud can now sue the perpetrators in a separate civil action, regardless if they have been charged with a criminal offence.
While Section 241 states that punishment for those giving statements during investigations that are false and misleading has been increased to a maximum RM500,000 fine or a maximum five years in jail, or both, upon conviction.
Also on Dec 9, the Online Safety Bill was tabled for first reading in the Dewan Rakyat.
This Bill further aims to regulate harmful content and was tabled by Minister in the Prime Minister’s Department’s (Law and Institutional Reforms) Datuk Seri Azalina Othman Said.
The Bill will propose the creation of an online safety committee and an appeals tribunal, as well as to determine the duties of licensed service providers and content application service providers.
It will also cover the reporting of harmful content and enforcement.
Accordingly, “harmful content” involves content or material concerning child sexual abuse; financial fraud; obscene content including content that may give rise to disgust due to lewd depictions that offend decency and modesty; and indecent content that is profane in nature, improper and against generally accepted behaviour or culture.
The Bill further describes materials that are similarly considered harmful, especially ones that cause harassment, distress, fear or alarm using threatening, abusive, or insulting words or actions.
It also covers incitement to violence or terrorism; any communication or act that induces a child to inflict self-harm; to promote feelings of ill will or hostility among the public or disturbing public tranquillity; and to promote the use or sale of dangerous drugs.
Essentially, the proposed law aims to uphold online safety in Malaysia by regulating harmful content and setting standards for service providers.
