KUALA LUMPUR: The government has filed for leave to appeal the Court of Appeal’s decision, which ruled that the words “indecent” and “offensive” under Section 233 of the Communications and Multimedia Act 1998 (Act 588) are unconstitutional.
Communications Minister Datuk Seri Fahmi Fadzil said the government respected the Court of Appeal’s decision but had taken advice from the Attorney-General’s Chambers to file the appeal to the Federal Court.
“The government, through the Malaysian Communications and Multimedia Commission (MCMC), is committed to proactively monitoring and enforcing action against online content that is obscene, lewd, false, threatening or excessively indecent in violation of Section 233 of Act 588.
“In line with the government’s institutional reform agenda, Section 233 was amended last year, replacing the word ‘indecent’ with ‘excessively indecent’ and providing six detailed definitions to establish a higher threshold for what constitutes an offence,” he said when responding to Syahredzan Johan (PH–Bangi) at the Dewan Rakyat today.
Syahredzan had asked about the government’s stance regarding the court ruling.
Fahmi said the Court of Appeal’s decision applied only to the previous version of Section 233, before the amendment came into force.
“Since the ruling is now under appeal before the Federal Court, it is appropriate that all parties wait for the final decision before taking any position on the elements of ‘indecent’ and ‘offensive’ in the pre-amendment version of Section 233.
“This judicial process must be respected to avoid speculation that could interfere with the Federal Court’s decision or result in sub judice,” he said.
In response to a supplementary question on ongoing cases prosecuted under the previous version of Section 233, Fahmi said it would be up to the Attorney-General’s Chambers to determine the appropriate course of action.
“The ministry’s focus on amending the law was not related to constitutional issues, but rather to strengthen best practices and ensure Section 233 is not misused.
“With the amendments that took effect in April this year, Section 233 now sets a much higher benchmark by defining ‘excessively indecent’ and outlining six clear explanations that help the prosecution, defence, and judiciary in legal proceedings,” he said.
He added that the MCMC, together with other agencies, continued to hold discussions with social media platforms and law enforcement to improve online safety, particularly for children, through measures such as digital identity verification and the proposed Online Safety Act.
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