Communications and Multimedia Minister Gobind Singh Deo speaks at a dialogue in Kuala Lumpur September 28, 2018. — Picture by Ham Abu Bakar

PETALING JAYA, Sept 28 — The government said it is proposing amending Section 233 of the Communications and Multimedia Act 1998 (CMA), which criminalises making offensive comments online, by introducing the requirement for proof of intent.

Communications and Multimedia Minister Gobind Singh Deo acknowledged concerns that the provision was used to stifle political dissent.

“The proposed amendment to Section 233 of the Act seeks to tighten its scope and clearly define its reach.

“It further seeks to introduce the requirement for proof of intent before any statement could be deemed offensive, thereby eliminating the prospect of arbitrary prosecution or abuse in its use,” he said in a statement today.

Pakatan Harapan’s (PH) manifesto for the 14th general election, however, had specifically said that the PH government would “abolish draconian provisions” in the CMA and other laws.

Section 233 of the CMA criminalises the improper use of network facilities or network service to make communications that are considered “offensive” with the intent to “annoy” another person, punishable with maximum one-year jail, or a fine not exceeding RM50,000, or both.

PH politicians, when they were in Opposition, previously criticised the then-BN administration’s use of Section 233 of the CMA against dissidents such as graphic artist Fahmi Reza, who was charged under the law over his clown caricature of former prime minister Datuk Seri Najib Razak.

Other amendments that Gobind announced included Section 53 of the CMA, which deals with penalties imposed on licensees for non-compliance of directives made by the Malaysian Communications and Multimedia Commission.

“The proposed amendment would see a substantial increase in penalties against the licensees for non-compliance of such directions.

“This amendment would send a strong signal to all licensees under the said Act that the government is serious in its efforts to enforce provisions, which regulates the communication and multimedia sector, including efforts to increase speeds and reduce prices of broadband and to enhance competition in the said industry,” he said.