KUALA LUMPUR, Aug 21 — Prime Minister Datuk Seri Anwar Ibrahim said today the government is appealing the Court of Appeal’s ruling that decriminalised “offensive” online remarks as the law needs a review.
He said the government respects the court’s decision over Section 233 (1)(a) of the Communications and Multimedia Act 1998 (CMA), but said any institutional reforms must be reviewed in detail.
“Institutional reforms must be studied together, it is not just the Court’s decision,” he told at the Asean Law Summit here.
“The court makes its decision and opinion, and we then study it to ensure it’s in line with reforms.”
Anwar said one of the aspects that needs studying is the freedom to assemble may encroach on restricted venues.
“Reforms are good if they are in line with our principles. But when it comes to the right to assembly, for example, I have an issue.
“If we say freedom to assemble is absolute, then what happens if it takes place at Istana Negara?” he asked.
“Sometimes, in our eagerness to demonstrate freedom, we overlook boundaries and encroach on places that should not be used — such as the grounds of the palace,” he added.
Earlier this week, the Court of Appeal unanimously ruled that it is no longer a crime in Malaysia to make “offensive” online comments with the intention to “annoy”, and struck down parts of the Communications and Multimedia Act 1998’s Section 233 that had criminalised “offensive” and annoying online speech.
Federal Court judge Datuk Lee Swee Seng, chairing a three-judge panel, said the court found these words “offensive” and “annoy” in Section 233 to be unconstitutional, as they go against the Federal Constitution’s Article 10(2)(a).
Aactivist Heidy Quah had in August 2021 filed her constitutional challenge against the words “offensive” and “annoy” in Section 233, but failed at the High Court in September 2023, and today won her appeal at the Court of Appeal.
While the Court of Appeal’s decision has effectively removed the words “offensive” and “annoy” from Section 233, there is now a newer version of Section 233 that uses the words “grossly offensive”.
Yesterday, Communications Minister Datuk Fahmi Fadzil confirmed that the Attorney-General’s Chambers will appeal the ruling in the Federal Court.
