Malaysia has been shaken by political upheaval since the formation of the new coalition in March 2020, with the removal of the Pakatan Harapan government which saw Muhyiddin Yassin becoming the new Prime Minister. Since then, the country has seen a reversal of initiated reforms, and a trend of increased oppression. Authorities have been using Section 233 of the Communications and Multimedia Act 1998 (CMA) to criminalise dissenting voices and journalists. 

The situation deteriorated after a State of Emergency was declared for the first time in 50 years. Malaysia’s parliament was immediately suspended after the declaration. The declaration also provided the government to implement sweeping powers.

In 1998 the Malaysian government enacted the Communications and Multimedia Act 1998 (CMA) which replaced the laws on Broadcasting Act and Telecommunications Act.

Under Section 233 of the CMA, anyone who makes an obscene, indecent, or offensive comment on the Internet faces up to one year of imprisonment or fines of up to 50,000 Malaysian Ringgit (US$12,000). Under the Section 211, the CMA also further criminalises hosts of the alleged ‘offensive’ content with fines for failure to remove content.

 With its broad and vague provisions, the CMA allows Malaysian authorities to block and shut down ‘unfavourable’ websites and online content. In addition, those who host offensive content can receive additional fines if the content is not removed. As a result, the CMA has been used to prosecute writers and members of the public for expressing their views on social media.

Under the Communications and Multimedia Commission Act, the Malaysian Communications and Multimedia Commission (MCMC) is entrusted to enforce the communications and multimedia laws in Malaysia. The MCMC  has exertive power to approve, amend, or revoke broadcasting and other licenses. 

The CMA and law related to MCMC can be accessed from the links below. 

• https://www.mcmc.gov.my/skmmgovmy/media/General/pdf/Act588bi_3.pdf 
• https://www.wipo.int/edocs/lexdocs/laws/en/my/my060en.pdf

2021

11 December: Police detain six teens over bullying case at Kuala Kangsar MRSM 

Six teens have been held by police to assist with investigations into a bullying case. All students involved, as well as the owner of the social media account where the videos were posted, were asked to provide statements in order to aid investigations under Section 147 of the Penal Code and Section 233 of the Communications and Multimedia Act of 1998

6 August: Former factory supervisor charged with transmitting offensive communication on Covid-19 vaccination

A former factory supervisor in Singapore, who was previously charged with circulating fake news about a police officer who allegedly died after receiving the Covid-19 vaccine, was charged again today in the Sessions Court here with sending offensive vaccination-related messages via Facebook. The charge, under Section 233 (1) (a) of the Communications and Multimedia Act 1998, provides a maximum fine of RM50,000, or imprisonment for up to a year, or both, if found guilty.

27 July: New probe on Fahmi Reza, this time over satirical PAS poster

The police have summoned graphic designer and activist Fahmi Reza over a poster by him that is allegedly linked to PAS. “This is the 7th time I’m being investigated by the police under #AktaSakitHati (Communications and Multimedia Act 1998) because of my satirical graphics this year,”

26 July: Activist to be charged over posting about immigration depot conditions

Refugee activist Heidy Quah said today she is to be charged at the Cyber Crimes Court tomorrow morning over a posting about conditions at immigration centres in June last year. Quah, the founder of the Refuge for the Refugees organisation, said she would be charged under the Communications and Multimedia Act with circulating false or offensive content.

16 July: A husband and wife have been arrested after a video of them ingesting what they initially claimed was poison went viral.

The individual may be heard in the recording expressing his anger with government authorities’ handling of the Covid-19 pandemic. The case is being investigated under the Communication and Multimedia Act, Section 505(b) of the Penal Code.

12 July: Duo arrested for alleged involvement in scuffle over viral video alleging lack of food aid

 Duo was arrested for alleged involvement in scuffle over viral video alleging lack of food aid. The scuffle apparently broke out because of a viral video in which a man questioned the alleged lack of food assistance. Police were investigating the case under the Malaysian Communications and Multimedia Commission Act 1998

6 July: Malaysia probes black flag movement for alleged seditious elements

 The new social movement #BenderaHitam (black flag) has been investigated is still in the preliminary stage and the case is being probed under the Sedition Act, Penal Code, and Communications and Multimedia Act 1998. The movement protests against the Perikatan Nasional (PN) government for allegedly failing to contain the pandemic and care for its people

6 July: The investigation on the four activists

Dr Kua Kia Soong (SUARAM’s Director), Sevan Doraisamy (SUARAM’s Executive Director), Mohammad Alshatry (SUARAM’s Senior Project Coordinator) and Sharon Wah (youth leader) under the Section 500 and 505(B) of Penal Code and Section 233 of Communications and Multimedia Act have been concluded by the police. With almost 50 questions raised to the 4 activists today, the investigation lasted around an hour. Throughout the investigation, they were represented by 5 lawyers. As of now, we were informed that there would be no further actions nor any raids from the police. The investigation officer has also stated that they will be recalling the 4 activists if further investigation is required. There were no arrests, no office raid and confiscation at the moment which was a relief for us.

2 July: Malaysia: Police raid office of Freedom Film Network, home of cartoonist over-animated film on alleged account of police brutality

Police on Friday evening (2 July) raided the office of Freedom Film Network and the home of cartoonist Amin Landak in relation to its investigations on an animated film on police brutality. Both individuals are being investigated under Section 500 of the Penal Code for defamation, Section 505(b) of the Penal Code for “statements conducing to public mischief”, and Section 233(1)(a) of the Communications and Multimedia Act for improper use of network facilities.

1 July: Cops probing tweet claiming abuse of MySejahtera data

Federal police today summoned the chief executive of Galen Centre for Health and Social Policy Azrul Mohd Khalib over his tweet eight months ago that questioned the use of MySejahtera data in law enforcement. Azrul has been questioning under Section 233 of the Communications and Multimedia Act (CMA) 1998 and Section 505(b) of the Penal Code.

27 June: Bukit Aman looking for man who allegedly insulted royalty, government

Police are tracking down a local male suspect after he allegedly made a seditious, racist and insulting statement against the royal institution and the government. The suspect is being investigated under Section 233 of the Communications and Multimedia Act 1998

23 June: Cops opened probe into 1,897 social media cases since 2019 

A total of 1,897 investigation papers were opened for cases involving social media between January 2019 and June 22 this year, said Bukit Aman Criminal Investigation Department (CID) director Abd Jalil Hassan.

22 June: Netizen arrested for insulting Malay Rulers on Twitter 

A netizen suspected of being behind a post insulting the Malay rulers on Twitter has been arrested. The case involves Section 233 of the Communications and Multimedia Act (CMA) 1998 relating to improper use of network facilities, and Section 4 of the Sedition Act 1948.

13 June: Cops probing fund collection for bail of food delivery riders nabbed over Sungai Way brawl

Police are tracking down the Facebook account owner of Alliance of Islamic Defenders Organisations for allegedly launching a fund collection purportedly to pay bail for five food delivery riders who were remanded following a brawl with a customer. The police believe someone is taking advantage of the situation by trying to collect funds for personal interests. Police have opened an investigation paper under Section 420 of the Penal Code for alleged cheating and Section 233 of the Communication and Multimedia Act 1998, and the account owner will be summoned soon to help with the investigation according to the police

13 June: MCMC collaborates with telcos to organise a scam prevention campaign

The Malaysian Communications and Multimedia Commission (MCMC) is organising a telecommunication crime prevention awareness campaign to educate consumers in identifying fraudulent activities and taking the right measures to prevent the surge in scam cases in collaboration with 15 telecommunication companies

11 June: Police arrest ‘safieyillias94’ Instagrammer over improper live chat with minors

Police said they have arrested the person behind the “safieyillias94” Instagram account on suspicion of sexual grooming and having obscene communication with minors. The case is classified under Section 12(1) of the Sexual Offences against Children Act 2017 (Act 792) and Section 233 of the Communications and Multimedia Act 1998.”

30 May: Law minister says anti-vaxxers may face Sedition and Multimedia Acts 

Law minister says anti-vaxxers may face Sedition and Multimedia Acts, but govt undecided on penalty for Covid-19 jab no-shows

24 May: Police investigate online joke claiming ‘Nilai 3 is in Selangor’ 

The user behind the N9 Radar Facebook account is being investigated under Section 505 of the Penal Code and Section 233 of CMA for a joke claiming that Nilai 3, which is located in Negeri Sembilan is in Selangor. Police reasoned that the joke could cause public alarm.

12 May: Lokman Adam nabbed again under Emergency Ordinance, probed under Communications and Multimedia Act

Former Umno Supreme Council member Datuk Lokman Noor Adam was arrested by the police yesterday. Lokman Adam nabbed again under Emergency Ordinance, probed under Communications and Multimedia Act. The reason for Lokman’s arrest is still unknown. It is his second time under the Emergency Ordinance

28 April: Malaysia: Police Investigate Cartoonist over Caricature of Knife-Wielding Official

The gadfly political cartoonist Zunar is again facing a police probe in Malaysia over a satirical drawing that mocked a senior official. Kedah state police chief Hasanuddin Hassan confirmed that officers had summoned the cartoonist for questioning. Zunar, he added, was being investigated under the penal code and the Communications and Multimedia Act (CMA)

26 April: University student denies insulting TMJ

On February 5, a public university student from Kuala Lumpur pleaded not guilty to making an offensive post on his Facebook account about the Tunku Mahkota of Johor (Crown Prince). The accused was charged under Section 233(1)(a) of the Communications and Multimedia Act 1998

26 April: Arrested for a Spotify playlist ‘insulting Queen’, artist vows to fight laws

Activist Fahmi Reza has been arrested by police for allegedly insulting the Malaysian queen by posting a satirical playlist. Can face a potential three-year prison sentence. The well-known satirist is being investigated under the country’s sedition law, as well as its communications and multimedia legislation, for allegedly insulting Malaysia’s Queen by creating a Spotify playlist

 24 April: Man remanded over viral letter condemning mosque and Malays

A man has been detained to assist in investigations into the spread of a letter condemning Masjid Jamek Bahau (a mosque) and insulting the Malays on social media recently. The case is being investigated under Section 505(b) and Section 298A of the Penal Code, as well as Section 233 of the Communications and Multimedia Act 1998.

20 April: Police open investigation paper on ‘indecent’ mural in Kuala Selangor

Kuala Selangor police have opened an investigation paper into the case of an indecent mural painting on the wall of the Kuala Selangor Art Gallery. Kuala Selangor district police chief Supt Ramli Kasa said a police report was lodged by members of the public at 10pm yesterday and the case was being investigated under Section 427 of the Penal Code and Section 233 of the Communications and Multimedia Act (CMA) 1998.

2 april: RM15,000 fine for a photographer who insulted Hinduism

The photographer of a production company has been fined RM15,000 for two counts of insulting Hinduism on his Facebook account two years ago. The charges were framed under Section 233(1)(a) of the Communications and Multimedia Act 1998 and punishable under Section 233(3) of the same Act

10 March: Malaysian graphic artist has been summoned for questioning by the police over art allegedly satirising health ministers absence during critical time in COVID-19 pandemic

Malaysian graphic artist, Fahmi Reza — well-known for his satirical cartoons and graphic art of politicians — has been summoned for questioning by the police in relation to two postings containing his illustrations. He is investigated under Section 233 of the Communications and Multimedia Act

Malaysia announced a state of emergency on January 12 to combat the coronavirus pandemic until early August. 

A few days later, on 14 January 2021, the Emergency (Essential Powers) Ordinance 2021 (“Ordinance 2021”) was enacted. The ordinance 2021 gives Muhyiddin and his cabinet special powers, including the ability to confiscate property without recourse and providing the government and military with near-total immunity for acts taken under the ordinance. Also, elections, as well as parliament and state legislature sessions, have been postponed indefinitely by the ordinance. Thus, with parliament suspended, the prime minister and his cabinet gain the authority to make laws and authorise the required expenditures for public safety without the need for parliamentary approval. The government has a lot of leeways to restrict everything from politics to personal and media freedoms under the constitution’s emergency law making provisions.

On 11 March 2021, Malaysia Government made use of its emergency powers, bypassing parliament to impose the Emergency (Essential Powers) (No. 2) Ordinance 2021 that criminalises the dissemination of fake news related to COVID-19.  This ordinance is an exaggerated version of the country’s 2018 Anti-Fake News Act, which was repealed in late 2019. The new ordinance has extra-territorial application and makes it an offence to create, publish or distribute “fake news”, which has been broadly defined to include not only news about the pandemic or emergency but potentially any material considered false. The Ordinance also requires the removal of offending publications within 24 hours and gives authorities broad access to computerised data and communications traffic data.

Emergency (Essential Powers) Ordinance 2021 (“Ordinance 2021”) can be accessible at the link below: https://amcham.com.my/wp-content/uploads/pua_20210114_PUA12.pdf 

2021

15 May: Raya compound: Twitter account owner under investigation over fake news

Police have opened an investigation against a Twitter account owner suspected of spreading fake news

12 May: Lokman Adam nabbed again under Emergency Ordinance, probed under Communications and Multimedia Act

Former Umno Supreme Council member Datuk Lokman Noor Adam was arrested by the police yesterday. Lokman Adam nabbed again under Emergency Ordinance, probed under Communications and Multimedia Act. The reason for Lokman’s arrest is still unknown. It is his second time under the Emergency Ordinance

5 May: Bukit Aman says 12 investigation papers opened on Covid-19 fake news

Police have opened 12 investigation papers under the Emergency Ordinance (Essential Powers) (No 2) 2021 in connection with the circulation of fake news on Covid-19. the latest investigation paper was regarding a man’s Facebook posting alleging that flight from New Delhi, India had brought in passengers through the KL International Airport A police officer said the statleftement was not true and could cause public anxiety and unease on the measures taken by the government to curb the spread of Covid-19.

5 May: Cops invoke anti-fake news ordinance over India flights viral post

Police have invoked the emergency ordinance on anti-fake news over a viral Facebook post about passenger flights arriving from India despite a travel ban. Police initiated an investigation paper under the Emergency (Essential Powers) (No. 2) Ordinance 2021 against a Facebook user by the name of “Muhammad Fahmi Abdullah”

20 April: Malaysian opposition urges king to end coronavirus emergency

Malaysian opposition lawmakers led by former Prime Minister Mahathir Mohamad submitted a petition to the country’s king on Tuesday seeking an end to a coronavirus emergency so Parliament can resume

19 April: Nearly 35,000 Malaysians have signed an online petition calling for an end to the state of emergency

Since last month, people have been signing the online petition urging the king to abolish the state of emergency, which hasn’t been successful in containing the coronavirus spread but spawned two new laws without passing through parliament.