Govt should review and amend CMA 1998 in accordance with international standards

KUALA LUMPUR: The Malaysian chapter of Article 19, a British-based NGO has called on the government to urgently review the Communications and Multimedia Act (CMA) 1998 and amend it in accordance with international standards on freedom of expression.
The NGO which released its legal analysis on the CMA, today, stated that the act which in recent years has been invoked more frequently to arrest and charge individuals sets a worrying trend on the boundaries of free speech in the country.
"While freedom of expression is guaranteed under Article 10 (1) (a) of Malaysia's Federal Constitution, in practice draconian laws such as the CMA are frequently used to harass individuals and criminalise the right to freedom and expression in the country," the NGO said in a statement.
Article 19 also expressed concern that Section 233 of the CMA, which deals with "improper use of network facilities or network service" has been used time and again to target human rights activists in the country.
As such Article 19 noted while the government is currently revising the CMA, it recommended proper protection to legitimate whistle-blowing activities and those involved in journalistic activities who obtain and disclose information in the name of public interest.
In a forum discussion that ensued following the release of the analysis, Asean Intergovernmental Commission on Human Rights (AICHR) representative Edmund Bon questioned provisions within the CMA that overlapped with other laws specifically criminal offences.
“For instance harassment, outraging of modesty and stalking falls under the Penal Code. While indecency falls under the ambit of the Minor Offences Act and the Penal Code as well.
"When it relates to cyber crime, the Penal Code is never dismissed on its own. Therefore there is an urgent need for guidelines as to when and how the provisions are available and applicable," he said during the forum at the The Kuala Lumpur And Selangor Chinese Assembly Hall (KLSCAH), here, today.
While Suaram coordinator Dobbie Chew said the increasing number of cases filed last year under CMA can deeply affect the people as compared to the sedition laws.
"While the sedition law does not impact the ordinary citizens as it was used against politicians or activists, provisions under the CMA ensures that anyone having a social media account is at risk," he said
Chew further stated that 37 cases were filed last year under Section 233 of the CMA with 181 social media abuses recorded during the same period.
Article 19 is a human rights organisation which focuses on the defense and promotion of freedom of expression and information throughout the world since 1987.
Its name was derived from Article 19 of the Universal Declaration of Human Rights.