Cma Bill Tackles Hate Speech Scams Unsolicited Messages

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The bill to amend the Communications and Multimedia Act 1998 tabled in the Dewan Rakyat today covers a large swath of issues such as hate speech, scams and unsolicited messages.
It also includes new provisions that would allow law enforcement agencies to compel data keepers to preserve and disclose communications data.
The amendments are an extensive rewrite of the Communications and Multimedia Act, with 51 pages of amendments and 13 pages for the explanatory statement.
One of the major amendments in the bill is to Section 233 - which had come to be known as “Akta Sakit Hati” (Hurt Feelings Act) due to its frequent use against political dissidents.
The amendments, as well as new explanations spelt out therein, appear to refine the section and make it more targeted.
For example, Section 233(1)(a) is amended so that objectionable communications are “grossly offensive” and not just “offensive”.
What constitutes “grossly offensive” under the proposed amendment is laid out under Explanation 6 for the amended Section 233, which states that it may include expletives and profanities that offend many people - such as crude references, hate speech and violence.
However, it notably states that communications made in good faith are not grossly offensive as long as the communications are factual and consist of “statements and opinions”.
Meanwhile, the proposed amendment to Section 233(1)(a) also penalises those who abuse network facilities to commit fraud or dishonesty against any persons, which appears to be aimed at tackling scams.
Punishments for offences under Section 233(1)(a) are currently at a maximum fine of RM50,000 with an additional fine of RM1,000 per day for continuing the offence, and jail for up to one year.
However, the amendments would increase the limit to a fine of up to RM500,000, with a rolling fine of RM5,000 per day for continuing the offence, with jail time increased to two years.
Committing the offence against someone under the age of 18 will see the maximum jail term increased to five years.
‘Obscene communications’
Meanwhile, Section 233(2) which covers knowingly using network facilities to sell “obscene communications” has been renamed as Section 233(4) and is now punishable with up to RM1 million fine, with a rolling fine of RM10,000 per day, and a up to five years in jail.
The amendment also added a new Section 233A - which prohibits the sending of unsolicited commercial electronic messages, and the communications minister is empowered to make regulations on all matters relating to such messages colloquially known as “spam”.
To facilitate investigations, the amendment bill would create Sections 252A and 252B.
Collectively, these two sections allow the police or another authorised officer to issue a notice to people in control of communications systems, which would require them to preserve data specified in the notice and turn it over to the authorities.
Those on the receiving end of such notices are not allowed to disclose the existence of the notice or its contents, unless they have been given the legal authority to do so.
When contacted, Communications Minister Fahmi Fadzil told Malaysiakini that the amendments will not apply to streaming services and are aimed at social media platforms and messaging services. - Mkini

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