Malaysia
What you should know about: Proposed amendments to the Communications and Multimedia Act
Communications Minister Fahmi Fadzil said these changes aim to address concerns about the misuse of digital platforms and enhance protections. — Picture by Choo Choy May

KUALA LUMPUR, Dec 2 — Communications Minister Fahmi Fadzil today tabled proposed amendments to the Communications and Multimedia Act 1998, or Act 588, for its first reading in Parliament.

Among the key amendments proposed in the Bill are changes to Section 233, which include:

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-Replacing the word "offensive" with "grossly offensive."

-Substituting the words "or harass another person" with ", harass or commit an offence involving fraud or dishonesty against, any person."

-Introducing a new element of offence related to fraud and dishonesty towards any person.

-Adding a subsection to provide for higher punishments, where a convicted person may face a fine not exceeding RM500,000, imprisonment for up to two years, or both, with an additional fine of RM5,000 for each day the offence continues after conviction.

-For offences involving children under 18 years, penalties increase to a fine not exceeding RM500,000, imprisonment for up to five years, or both, with an additional fine of RM5,000 per day or part of a day the offence continues after conviction.

-Prohibiting the sending, causing to be sent, or authorising the sending of unsolicited commercial electronic messages. Convicted offenders may face a fine not exceeding RM1,000,000, imprisonment for up to five years, or both, with an additional fine of RM10,000 per day or part of a day the offence continues after conviction.

The proposed amendments also define offensive content under various categories:

Obscene content: Material that provokes disgust through lewd portrayal, offends decency and modesty, or negatively influences the impressionable. For children, this includes child sexual grooming, sexual degradation, pornography, or depictions of sexual violence.

Indecent content: Material deemed profane, improper, or against social norms. Depictions of private parts for artistic, informational, or scientific purposes that are not gross are excluded.

False content: Information that is untrue, confusing, incomplete, or fabricated. Satirical, parodic, or fictional content is not categorised as false.

Menacing content: Material that causes annoyance, harmful threats, incites criminal acts, or leads to public disorder. For children, this includes content causing emotional disturbance, such as violent or suicidal portrayals, or content encouraging imitation of dangerous behaviour.

Grossly offensive content: Content containing expletives, hate speech, or violence that offends many people. Crude references and hate speech are included, but factual communication, good faith commentary, and ethical reporting are excluded.

Fahmi said these changes aim to address concerns about the misuse of digital platforms and enhance protections, particularly for vulnerable groups such as children.

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