Malaysia Oversight

Review cases under old CMA section, AG urged after landmark ruling

By FMT in August 20, 2025 – Reading time 2 minute
Review cases under old CMA section, AG urged after landmark ruling


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DAP vice-chairman Syahredzan Johan hailed the appellate court’s decision as a long-awaited victory after years of campaigning against the previous iteration of the CMA’s Section 233.
PETALING JAYA:

The attorney-general has been urged to review all ongoing cases involving the previous iteration of Section 233 of the Communications and Multimedia Act 1998 (CMA), which criminalised the online transmission of “offensive” comments with the intention of “annoying” a person.

The Court of Appeal earlier delivered a landmark decision, ruling that the words “offensive” and “annoy” in the section were unconstitutional.

DAP vice-chairman Syahredzan Johan hailed the appellate court’s decision as a long-awaited victory after years of activists and human rights lawyers campaigning against the provision.

He said this was because the previous section was too general, criminalising social media postings while allowing the misuse of the provision for political purposes.

“The AG must review all charges under the pre-2024 amendment to Section 233 that are still before the court to determine the best way to give meaning to the Court of Appeal’s decision,” he said in a statement.

The Bangi MP also said today’s decision proved that the unity government was right to amend Section 233 of the CMA in December last year to overcome weaknesses in the law.

The amendment, which came into effect in February, added the words “grossly offensive” in constituting an offence.

Syahredzan, a lawyer by profession, said however that the government should look into further improving the provision by removing the “offensive” and “annoy” element as a whole.

“This consideration should be made after obtaining feedback from the AG’s Chambers,” he added.



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