World

Malaysia's New Internet Law Amendments Spark Outrage: Are Civil Liberties at Stake?

2024-12-04

Author: Nur

**KUALA LUMPUR**: Malaysia's government is facing intense criticism following newly proposed amendments to internet laws that could dramatically escalate penalties for online infractions. Civil society groups and media experts argue that these changes represent a dangerous overreach, potentially laying the groundwork for a "fake news" law akin to one that was repealed just a few years ago.

On December 2, Communications Minister Fahmi Fadzil introduced amendments to the Communications and Multimedia Act (CMA) in Parliament. These changes propose fines reaching RM1 million and imprisonment terms extending up to 10 years for offenses that previously carried penalties of just RM300,000 and three years in prison. This escalation could affect 25 specific violations—nine of which are newly defined.

One notable example includes the increased penalties for improper internet use under Section 233. Where offenders might have faced a fine of RM50,000 and a year in prison, the proposed changes could raise those figures to RM500,000 and two years’ imprisonment.

Critics point out that these amendments appear to grant the Malaysian Communications and Multimedia Commission (MCMC) expansive powers, potentially allowing unchecked censorship. Dr. Benjamin Loh, a media and communication lecturer at Taylor's University, condemned the proposed changes as “horrific.” He emphasized that such laws would empower government officials to infringe upon both personal and media freedoms.

Civil rights organizations have sounded the alarm over provisions like proposed Section 73A, which could give the MCMC the authority to search and seize information from service providers without appropriate safeguards, such as protecting journalistic sources. Additionally, Section 51A would provide immunity to the MCMC from legal repercussions for actions taken in “good faith,” raising concerns of abuse of power.

The growing clamor for accountability is echoed by civil rights groups like Article 19 and the Centre for Independent Journalism (CIJ). They criticized the vaguely worded descriptions of offenses, which they argue could be selectively enforced by a government with a history of restrictive policies. They contend that the government's justification for the harsh penalties is absent, lacking transparency or rationale.

On December 4, Minister Fahmi received a memorandum from activists and journalists opposing the amendments. He assured that the government seeks to consult various stakeholders before finalizing legislation, striving for a balanced approach.

As these legal changes loom, authorities are also pushing to regulate major tech entities and social media platforms more rigorously. A mandatory licensing scheme will apply to platforms with over eight million registered users, with penalties for non-compliance.

Civil society groups fear that these amendments will exacerbate the restrictions on free speech, with protests against what they see as a betrayal of promises made after the 15th General Election in November 2022. Instead of rolling back restrictive laws, the government has introduced even tighter controls, stifling open discourse.

The proposed laws have raised additional alarm bells due to their implications for freedom of expression online. Legal experts believe that the new definitions of misinformation and falsehoods could chill public discourse, making it difficult for individuals to engage in pertinent discussions about government accountability or social issues.

As Malaysia moves forward with these legislative changes, the question remains: will the amendments safeguard citizens from online harm, or will they become tools for unwarranted censorship and state control? The outcome of parliamentary discussions next week will be watched closely by both supporters and critics alike. The stakes are high, with implications not only for freedom of speech in Malaysia but also the future of digital rights in an increasingly interconnected world.