PETALING JAYA (ANN/THE STAR) – Malaysia’s Communications and Multimedia Act 1998 (CMA) will undergo significant amendments to modernise its provisions and safeguard against future technological advancements, announced Malaysian Communications Minister Fahmi Fadzil.
The Communications Minister said the amendments could be brought to Dewan Rakyat in the next meeting, which begins in October.
Among many things, it is also expected to address cyberbullying.
Fahmi said there had been questions on what actually constituted cyberbullying.
He said for example, scams had been defined as illegal transactions that occurred without authorisation, and the government had made amendments to the law to address the issue of mule accounts.
Similarly, he said a cross-ministerial approach was needed for cyberbullying.
“We don’t want the amendments to only address the now; we also have to think of the future as well as for the development and evolution of communication technology,” he told the source.
Previously, when research was done on cyberbullying, there was no real TikTok live culture compared to now where people tend to stay on the social media platform from night to day, he noted.
One section of the law that may be crucial is Section 233.
Section 233 of the Act stipulates offences of using network facilities to transmit communication deemed to be offensive or could cause annoyance to another person.
An offence under the section is punishable with up to one-year imprisonment, a fine of up to MYR50,000 or both, upon conviction.
“The amendments to CMA will not be only on Section 233.
“There are a lot of things we have to update. For example, a lot of the fines that can be issued to telcos or network equipment providers, network facility providers and network service providers.
“The rates are too low, they are from 1998 (and) we are now in 2024. So the rates have to be more proportionate to where we are (now), among other things.
“There are also a lot of changes to technology. We have to update the Act in accordance with a lot of these developments and evolution of the industry, so it won’t be just specifically on one (section).
“Section 233 would be one per cent of (the entire amendment). It is about the entire ecosystem,” Fahmi said.
He said there were other issues that involved cyberspace which warranted attention.
“We recognise that we also have a lot of issues with scam, illegal online gambling, minors on social media – which is not allowed and against the community guidelines, and child sexual abuse materials, like paedophilia and pornography.
“There are many issues right now. What this cyberbullying case has brought to light is the need to work across ministries to develop a fuller approach and something that is not just addressing the now, but how do we also address the evolution with artificial intelligence.
“For example, we don’t know how social media will transform in the next few years,” he added.
Amendments to the Act was part of Pakatan Harapan’s election manifesto in the 14th and 15th General Elections.
Meanwhile, Content Forum CEO Mediha Mahmood said doxing, cyberstalking and impersonation were some examples of cyber threats that the industry self-regulatory body had observed.
“To make sure our cybersecurity laws are future-proof, we should develop them through a collaborative and inclusive process involving multiple stakeholders.
“This means engaging with industry experts, legal experts, technology providers, civil society and the public, so that we can gather diverse perspectives and insights,” she said.
The laws should be based on comprehensive data analysis to address current and emerging threats effectively.
“It is important not to rush the process,” she added.
At least three deaths were reported between May 2020 and July this year believed to be due to cyberbullying.
This has prompted calls from several quarters on the regulation of social media.
