KUALA LUMPUR: The draft amendments to the Communications and Multimedia Act 1998 (Act 588) have been approved by the Attorney General’s Chambers (AGC), announced Deputy Minister of Communications, Teo Nie Ching.
She stated that the draft has been circulated to relevant ministries and agencies for feedback and will be presented to the Cabinet for approval.
“The proposed amendments to Act 588, including changes to Section 233, are intended to be tabled in Parliament during this session, subject to Cabinet approval,” she said during the oral question session in the Dewan Rakyat today.
She was responding to a question from Dr. Kelvin Yii Lee Wuen (PH-Bandar Kuching) about the ministry’s plan to review and refine Section 233 of Act 588 to ensure its scope and application are not open to abuse.
Teo explained that the Ministry of Communications has held consultations on the proposed amendments since last year, as well as with the Bar Council and members of parliament on Aug 8 this year, to discuss improvements to Section 233 concerning the misuse of network facilities or services.
Teo elaborated that to keep Section 233 aligned with current developments, the Malaysian Communications and Multimedia Commission (MCMC) has actively engaged with stakeholders, including industry players, government ministries, federal and state agencies, and non-governmental organisations.
She noted that feedback from these consultations has been integral in finalising the proposed amendments to Act 588.
Both MCMC and the Ministry have conducted extensive studies to ensure the scope and application of Section 233 are clearer and less prone to misuse, she added.
Furthermore, the Ministry and MCMC have coordinated with the Legal Affairs Division of the Prime Minister’s Department to avoid any overlap between the Online Safety Bill and provisions of Act 588, particularly regarding the application of Section 233.
“The Ministry, along with other relevant ministries, will thoroughly assess whether amendments to existing laws are needed, or if new legislation is required to address harmful online activities,” she stated.
Answering an additional question from Kamal Ashaari (PN-Kuala Krau) regarding the ministry’s steps to ensure there are no legal violations or injustices under Act 588, Teo emphasised the importance of checks and balances to prevent abuse of Section 233.
She noted that it is ultimately up to the courts to decide whether a case should lead to punishment or be dismissed.
“Investigations can be conducted by MCMC or the Royal Malaysia Police, but the case will then be sent to the AGC, which will determine if it should proceed to court or whether only a warning is necessary,” she explained.
“Ultimately, judges will decide whether to convict or acquit the accused. This built-in system ensures that enforcement powers are not misused,” she concluded.
