Government Proposes Key Amendments to the Communications and Multimedia Act 1998

By The Malketeer

Enhancing Digital Accountability with Stricter Penalties

In a bid to strengthen digital governance and safeguard vulnerable groups, Communications Minister Fahmi Fadzil tabled proposed amendments to the Communications and Multimedia Act 1998 (Act 588) in Parliament.

The proposed Bill introduces stricter penalties and broadens the scope of offences to address the evolving challenges of digital platforms.

Sharper Definitions for Accountability

The amendments aim to clarify and expand the definition of offensive content under Section 233 of the Act, reflecting contemporary digital risks:

• Obscene Content: Includes lewd material that provokes disgust or negatively influences impressionable audiences. For children, this extends to grooming, sexual degradation, and depictions of sexual violence.
• Indecent Content: Material deemed improper or against social norms, with exceptions for artistic, informational, or scientific depictions of private parts, provided they are not gross.
• False Content: Covers untrue, fabricated, or misleading information, while excluding satire, parody, and fiction.
• Menacing Content: Targets material causing annoyance, inciting criminal acts, or disrupting public order. For children, this includes emotionally disturbing content, such as violent or suicidal depictions.
• Grossly Offensive Content: Captures hate speech, expletives, and violence, while exempting good-faith commentary and ethical reporting.

Elevated Penalties for Violations

Recognising the gravity of digital offences, the amendments propose higher punishments for violations:

• Convictions could lead to fines of up to RM500,000, imprisonment for up to two years, or both. Repeat offenders may face an additional RM5,000 fine for each day the offence continues.
• For crimes involving children under 18, penalties escalate to fines of up to RM500,000, imprisonment for up to five years, or both, with a daily additional fine of RM5,000 for ongoing offences.
• The amendments also target unsolicited commercial electronic messages, introducing fines of up to RM1,000,000, imprisonment for up to five years, or both, with an additional fine of RM10,000 per day for persistent violations.

Fraud and Dishonesty Under Scrutiny

A significant change involves the inclusion of offences related to fraud and dishonesty.

The existing phrase “or harass another person” is set to be replaced with “harass or commit an offence involving fraud or dishonesty against, any person.”

This marks a step toward addressing increasingly sophisticated online scams and deceptive practices.

Protecting Vulnerable Groups

The amendments place particular emphasis on protecting children and vulnerable users from digital harm.

Stricter provisions for content targeting children reflect growing concerns about emotional disturbance, cyberbullying, and exposure to harmful material.

Addressing the Rise of Digital Misuse

“These changes aim to address concerns about the misuse of digital platforms and enhance protections for vulnerable groups, particularly children,” Fahmi said, underscoring the need for adaptive legal frameworks to keep pace with the digital age.

A Turning Point for Digital Governance

If passed, these amendments could mark a significant turning point for Malaysia’s digital landscape.

By refining definitions, escalating penalties, and emphasising user protection, the proposed changes promise a safer and more accountable online environment.