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Communications and Multimedia Act 1998 needs to be amended
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If it can happen to The Malaysian Insider ( TMI ), it can be used against all including Malaysiakini .

Hence I want to comment on the current blocking of the TMI website.

Its access has been denied under section 263 (2) Communications and Multimedia Act 1998 as it allegedly violates section 233 of the same law (from the notices as attached herein):

“233. (1) A person who -

(a) by means of any network facilities or network service or applications service knowingly -

(i) makes, creates or solicits; and (ii) initiates the transmission of,

any comment, request, suggestion or other communication which is obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass another person; or

(b) initiates a communication using any applications service, whether continuously, repeatedly or otherwise, during which communication may or may not ensue, with or without disclosing his identity and with intent to annoy, abuse, threaten or harass any person at any number or electronic address, commits an offence.

(2) A person who knowingly - (a) by means of a network service or applications service provides any obscene communication for commercial purposes to any person; or (b) permits a network service or applications service under the person’s control to be used for an activity described in paragraph (a), commits an offence.

(3) A person who commits an offence under this section shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both and shall also be liable to a further fine of one thousand ringgit for every day during which the offence is continued after conviction.”

There is no mention whatsoever of the facts or proofs or details of the breach of Section 233 to show an offence is committed by TMI .

The law need to be clarified.

There is also no reference in Section 263 (2) that gives the Malaysian Communications and Multimedia Commission (MCMC) the power to block access to an online news portal or website whilst investigation is being done.

There is also a grey area in the law as whose power to order such block access, ie, lie with the commission or minister?

Broad and no specific interpretation may lead to unjust or abuse by MCMC.

There is no charge by prosecution (as of now). MCMC should have apply to court for an order to block access or an injunction instead.

Unjust and can be easily abused by the relevant authority. The above provisions should be amended or repealed.


ANDY YONG is a lawyer and deputy national Youth chief of Gerakan.

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