KUALA LUMPUR: While experts agree that proposed amendments to the Communications and Multimedia Act (CMA) 1998 and the Malaysian Communications and Multimedia Commission (MCMC) Act 1998 are timely, concerns about potential overreach, transparency, and clarity remain.
"These amendments are definitely necessary. The laws must adapt to the rapid changes in the landscape and contemporary issues like misinformation," said Dr Shafizan Mohamed, a lecturer at the Communications and Media Centre of International Islamic University Malaysia (IIUM).
On Monday (Dec 2), Communications Minister Fahmi Fadzil tabled bills to amend the CMA and MCMC Act for their first and second reading in the Dewan Rakyat.
However, Shafizan believes the amendments require more clarity, particularly regarding Section 233 of the Communications Act, which addresses the misuse of network services.
"This section is quite controversial because, while it is meant to tackle harmful behaviours like scams and threats, it has been used to suppress dissent rather than address crime," she said.
"Activists like Fahmi Reza, or even Economy Minister Rafizi Ramli, have been charged under this section for exposing political or controversial issues," she added.
She also expressed concern that the new sections 73A and 73B, which grant the MCMC audit powers, could place unnecessary burdens on small businesses.
"Without clear guidelines and support for these small businesses, these provisions might stifle competition and innovation," she said.
Dr Ahmad Wiraputra Selamat, a senior lecturer at the Faculty of Computing and Meta Technology, Universiti Pendidikan Sultan Idris (UPSI), believes that stricter oversight by the MCMC will promote more responsible journalism.
"Such oversight is crucial to curb the spread of misinformation and fake news," he said, warning against viewing the amendments purely through a political lens.
"People should not see this issue solely as an attempt by the government to silence critics," he added.
Nevertheless, he called for engagement with stakeholders to ensure well-refined laws.
"The government must consult with industry players, academics, and community representatives to ensure that the laws and their implementation are well-refined," he said.
Universiti Teknologi MARA (UiTM) information security lecturer Muhamad Khairulnizam Zaini meanwhile hailed the amendments as significant for strengthening Malaysia's digital governance framework.
"The introduction of stricter penalties, definitions of harmful content, and audit powers for the MCMC underscores the government's commitment to fostering a secure and accountable digital environment," he said.
To prevent overreach, Khairulnizam backs establishing clarity through clear guidelines and Standard Operating Procedures (SOPs) for transparency.
"This will balance enforcement and public trust," he stated.
Meanwhile, Datuk Dr P. Sundramoorthy, a criminologist at Universiti Sains Malaysia (USM) Centre for Policy Research, expressed concerns about the broad definitions in the amendments.
"Terms like 'obscene,' 'indecent,' 'false,' and 'grossly offensive' are highly subjective and could be widely interpreted," he warned, adding that harsh penalties might lead to self-censorship.
Criminologist Shahul Hamid, however, believes the effectiveness lies in enforcement, not the legislation.
"The law already exists; the issue is enforcement. If it's not enforced, what's the point?" he asked, urging collaboration between the MCMC and police to ensure a balanced approach.