The proposed amendments to the Communications and Multimedia (Amendment) Bill 2024 are intended to enhance online safety while preserving freedom of speech, says Communications Minister Fahmi Fadzil.
Tabling the bill for its second reading in Parliament on Monday (Dec 9), Fahmi emphasised the need to view the amendments holistically, not merely as regulatory enhancements, but as measures to foster a safer, more sustainable internet ecosystem free from cyber threats.
Addressing concerns about Section 233, which has drawn strong criticism from the Opposition and civil society groups, Fahmi clarified that the proposed changes aim to tackle online harm, adding that the amendments strive to balance protecting freedom of expression with upholding the rule of law.
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Tabling the bill for its second reading in Parliament on Monday (Dec 9), Fahmi emphasised the need to view the amendments holistically, not merely as regulatory enhancements, but as measures to foster a safer, more sustainable internet ecosystem free from cyber threats.
Addressing concerns about Section 233, which has drawn strong criticism from the Opposition and civil society groups, Fahmi clarified that the proposed changes aim to tackle online harm, adding that the amendments strive to balance protecting freedom of expression with upholding the rule of law.
Read more at https://tinyurl.com/2k4be9u3
WATCH MORE: https://thestartv.com/c/news
SUBSCRIBE: https://cutt.ly/TheStar
LIKE: https://fb.com/TheStarOnline
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NewsTranscript
00:00To create an environment that supports industrial development,
00:04which takes into account the needs of the future,
00:06as well as to strengthen the safety and protection of the public and children in Thailand,
00:12now is the right time for the Government to pass Act No. 588.
00:17To ensure that the proposal to pass Act No. 588 takes into account every aspect,
00:22the Ministry of Communications has held more than 20 sessions of meetings and consultations
00:28with stakeholders and stakeholders in the local and international industry,
00:34ministries and agencies of the government and state,
00:39institutions of higher education, citizens and media agencies,
00:43non-governmental organizations,
00:46users' associations and telecommunications companies
00:50starting in 2023
00:53to provide explanations in terms of concepts and information on the proposed amendments.
00:58Among the parties discussed, including the Court of Appeal,
01:03Centre for Independent Journalism, Article 19,
01:07Members of Parliament,
01:09Police of the Kingdom of Malaysia,
01:11Bank of Malaysia,
01:12Suruhanjaya Security,
01:14Suruhanjaya Asasi Manusia Malaysia,
01:17Ministry of Home Affairs,
01:19Department of Personal Data Protection,
01:21Anti-Terrorism Agency,
01:23Malaysian Forum and others.
01:27The provisions of Act No. 588,
01:30this 2024 amendment,
01:32not only offers a comprehensive reform of security control,
01:35but also provides a guarantee of safety to internet users in Malaysia,
01:40especially in protecting daily data and transactions
01:43from various violations in the internet,
01:46including sexual exploitation against children.
01:50The main amendments to Act No. 588 include the following aspects.
01:54First, industrial development.
01:57Second, network security.
02:00And third, new media management.
02:03As for new media management,
02:06the relevant phases are phases 3, 10, 80, 81, 91, 92,
02:15111, 112, 115, 116, and 119.
02:22These changes are aimed at, first,
02:25managing air pollution in the internet,
02:27especially social media,
02:29by improving availability provisions,
02:31including Sections 2.111 and 2.33,
02:34and also introducing new provisions,
02:37including banning sending or causing delivery,
02:42or banning the delivery of unasked e-messages,
02:46such as spam,
02:48which is usually a form of fraud or scam.
02:53And second,
02:55strengthening the investigative power to complete MCMC
02:58with sufficient evidence-gathering resources or tools
03:02to prevent misconduct.
03:05The government's rationale for the change to new media management
03:09is as a need to introduce changes
03:12to manage air pollution in the internet.
03:15In this regard, Section 2.33 has been improved
03:20by introducing provisions related to content elements
03:25under Section 2.33.
03:27These provisions aim to improve
03:30and provide guidance to the authorities or investigations,
03:34advocacy, whether there is an accusation or the other way around,
03:38and the courts to assess the content that is accused
03:43and determine whether the provision is not misinterpreted or misused
03:49through court's interpretation.
03:53The government will continue to defend the right and freedom of speech
03:57as stipulated in Article 10 of the Constitution.
04:01The change to this section also
04:04is not false.
04:11The communication that is done with a pure heart,
04:15which is true to the content and facts,
04:18and based on the statement of opinion,
04:20is not too bad.
04:22However,
04:24this freedom is not absolute.
04:26It is even included with responsibilities and restrictions
04:29in order to maintain the harmony and safety of the country,
04:32as stipulated in Article 10 of the Constitution.
04:37Therefore, the change to Article 5.88,
04:40especially Section 2.33,
04:42is to create a balance
04:46between guaranteeing freedom
04:50and defending the rule of law.
04:55Next,
04:57the change to Section 2.33
04:59is to create a balance
05:02between the wrongs committed against children
05:05and the punishment for the wrongs committed
05:08or with the permission of a ceasable offence.
05:11In this matter,
05:12there is a global consensus
05:14that child sexual abuse material,
05:19CSAM,
05:20is a form of violence
05:23and harassment
05:26against children.
05:27And it is not a form of freedom of speech
05:29or expression
05:31that anyone can defend.
05:33Imagine,
05:35every image or visual content of CSAM
05:38that is distributed
05:39depicts the suffering of an actual child
05:43and the suffering is recorded
05:46for the benefit of others.
05:49The government must take action
05:52to control the distribution of the content
05:54and punish the CSAM
05:57for the wrongs committed
05:58by the irresponsible parties.
06:01Therefore,
06:02the special provision under Section 2.33
06:04shows the government's commitment
06:06to protect children
06:08from being victims
06:10under Section 2.33
06:12in line with the government's desire
06:14to create a safer internet environment
06:17especially for children.
06:20Next,
06:21other rationales related to new media management
06:24are to deal with the issue of scams,
06:27spam,
06:28and law enforcement issues
06:30related to cybercrime
06:32that include the source aspect,
06:34the scope of the law,
06:36as well as the need to strengthen
06:38the data and information gathering mechanism
06:40as evidence for the purpose of prosecution
06:43such as the cyber fraud case.
06:45And,
06:46this amendment can help
06:47and enhance the investigation process
06:50especially in the gathering of evidence
06:52from the perspective of preservation,
06:54disclosure,
06:55storage,
06:56and preservation of communication data.
06:58Amendment 588
07:00is not intended
07:01to restrict freedom of speech
07:03but rather to prove
07:04the openness of the government
07:06under the leadership
07:07of the former Prime Minister
07:09in ensuring the right to freedom of speech
07:11including criticizing the government
07:13which is a manifestation of commitment
07:16to the principles of democracy
07:18and human rights.
07:20The criticism must be constructive
07:23along with data and facts
07:25to fulfill the spirit of seeking
07:28and upholding the truth
07:30and not to insult,
07:32incite,
07:33provoke,
07:34defame,
07:36discredit religion and faith
07:39and spread slander.
07:41The right to freedom of speech
07:43will not be restricted
07:44if it is used responsibly
07:47and does not violate
07:48the provisions of the existing law
07:50including taking into account
07:51an expression or action
07:53that goes beyond
07:55the moral,
07:56normal,
07:57and social standards
07:58of the Malaysian society
08:00that is harmonious
08:01with the content of the statement.
08:04Amendment 588
08:06is intended to be seen
08:07as a comprehensive amendment
08:09and not only for the purpose
08:11of infringement of copyright.
08:13On the contrary,
08:14it provides a safer internet ecosystem
08:16that is sustainable
08:18for all users
08:20and free from cyber threats
08:22such as pedophilia
08:23and child pornography,
08:25sexual harassment,
08:26fraud in the internet,
08:28cyber bullying,
08:29gambling in the internet,
08:30and so on.
08:32It is intended
08:33so that this more comprehensive amendment
08:36can deal with the migration
08:38of conventional crimes
08:39into the internet
08:41and we no longer want
08:43to see the environment
08:44in the internet
08:45dominated by
08:46degrading content
08:48and excessively ugly
08:50that is clearly
08:51not in line
08:52with the principles
08:53and principles
08:54of the Malaysian people.
08:56Safety in the internet
08:57becomes the priority
08:58and even the strict
09:00security measures
09:01that are robust
09:02with permission
09:03in the context of the
09:04amendment of Amendment 588
09:06is very important
09:07to support the development
09:08of the industry,
09:09to increase the confidence
09:10of foreign investors,
09:11to create an environment
09:12for business,
09:13to maintain
09:14digital welfare
09:15for children,
09:16and the harmony
09:17of the community
09:18of the Malaysian people
09:19to develop
09:20the country
09:21as a progressive nation.
09:24Self-regulation
09:27in the context
09:28of a world
09:29that is increasingly
09:30connected
09:31digitally
09:32is imperative
09:33through changes
09:34in behavior
09:35or behavioral change
09:37to increase
09:38the literacy level
09:39in the internet
09:40especially among
09:41social media users
09:42to be more mature
09:43and responsible.
09:45In this regard,
09:46all layers of society
09:47regardless of
09:48public figures,
09:50industry players,
09:52content creators
09:54or influencers,
09:55parents,
09:57or children
09:58need to play
09:59their roles
10:00in optimizing
10:01the benefits
10:02of digital technology
10:03and minimizing
10:04the air
10:05that rises
10:06as a result
10:07of misuse.
10:08Let us
10:09jointly
10:10point out
10:11the thinking
10:12of those
10:13who tend
10:14towards
10:15digital fatalism
10:16which is
10:17the perception
10:18that humans
10:19cannot do anything
10:20to control
10:21the advancement
10:22of technology
10:23towards
10:24strict
10:25or agile
10:26regulation
10:27that can
10:28balance
10:29between
10:30the need
10:31to promote
10:32innovation
10:33that is
10:34dominated
10:35by disruptive
10:36technology
10:37with the
10:38protection
10:39of human
10:40welfare
10:41We support
10:42the enactment
10:43of the Law on
10:44Communication and
10:45Multimedia
10:461998
10:47Amendment
10:482024