Federal Court grants government leave to appeal ruling that struck down “offensive” and “annoy” provisions in Communications and Multimedia Act.
PUTRAJAYA: The Federal Court has granted the government leave to appeal against a Court of Appeal decision that declared key provisions of the Communications and Multimedia Act unconstitutional.
A three-member bench unanimously allowed two of four proposed legal questions and formulated an additional question for consideration.
Court of Appeal President Datuk Abu Bakar Jais announced the panel’s decision on the government’s motion.
“We are unanimous in our decision to allow Question 3 and Question 4 of the motion,” said Justice Abu Bakar.
The court will also examine the effect of Article 4(2) of the Federal Constitution in this specific case.
The approved questions concern interpretive approaches to similar legislation from the United Kingdom and Europe.
They also address whether Section 233’s objective, including the terms “offensive” and “annoy”, serves to prevent misuse of communication networks and uphold societal standards.
The court will determine if these provisions fall within public order and morality interests under Article 10(2) of the Federal Constitution.
The substantive appeal will be heard on a date to be fixed later.
The court also allowed the government’s application to stay the Court of Appeal’s ruling pending the final disposal of the appeal before the Federal Court.
“We grant the application based on the undertaking of the applicant (government) that they will not continue with any prosecution of cases of the motion,” said Justice Abu Bakar.
The Court of Appeal, in a unanimous decision by a three-man bench on Aug 19, ruled that the words “offensive” and “annoy” in Section 233 were unconstitutional.
However, the panel held that the decision would have a prospective effect, so as not to revive past cases.
The ruling was made after the court allowed the appeal filed by activist Heidy Quah Gaik Li, who sought to invalidate parts of Section 233 of the Communications and Multimedia Act 1998. – Bernama
