Communications and Digital Minister Fahmi Fadzil today tabled proposed amendments to the Communications and Multimedia Act 1998 (Act 588) for its first reading in Parliament.
Among the key changes proposed in the Bill are amendments to Section 233, which include:
- Introducing a new offence related to fraud and dishonesty against individuals.
- Adding provisions for stricter penalties, including fines of up to RM500,000, imprisonment for up to two years, or both. An additional fine of RM5,000 per day may be imposed for each day the offence continues after conviction.
- Increasing penalties for offences involving children under 18. These may include fines of up to RM500,000, imprisonment for up to five years, or both, with an additional fine of RM5,000 per day or part of a day that the offence persists after conviction.
- Prohibiting the sending, authorising the sending, or causing the sending of unsolicited commercial electronic messages. Offenders could face fines of up to RM1,000,000, imprisonment for up to five years, or both, along with an additional RM10,000 fine per day or part of a day the offence continues after conviction.
The amendments also clarify the definition of offensive content under several categories:
- Obscene Content: Material that provokes disgust through lewd portrayal, offends decency, or negatively influences the impressionable. For children, this includes child sexual grooming, pornography, sexual degradation, or depictions of sexual violence.
- Indecent Content: Material deemed profane, improper, or contrary to social norms. Depictions of private parts for artistic, informational, or scientific purposes that are not grossly offensive are excluded.
- False Content: Information that is untrue, misleading, incomplete, or fabricated. Satirical, parodic, or fictional content is not classified as false.
- Menacing Content: Material that causes annoyance, threatens harm, incites criminal acts, or causes public disorder. For children, this includes content that leads to emotional disturbance, such as violent or suicidal portrayals, or encourages dangerous behaviour.
- Grossly Offensive Content: Content that contains hate speech, expletives, or violence that offends large groups of people. Crude references and hate speech are included, while factual communication, good faith commentary, and ethical reporting are excluded.
Minister Fahmi Fadzil explained that the proposed amendments are designed to tackle the misuse of digital platforms and enhance protections, particularly for vulnerable groups such as children. The changes also include replacing the term “offensive” with “grossly offensive” and expanding the scope of offences to include fraud or dishonesty against individuals.
