LETTER | Recently, the government proposed amendments to the Communications and Multimedia Act (CMA).

The proposed amendments, particularly those targeting fraudulent activities and protecting children from harmful online content, are commendable.

In today’s digital age, stronger measures are needed to safeguard the vulnerable and ensure accountability in cyberspace. As a parent, I welcome these measures, especially given the worrying rise of cyberbullying and online child exploitation.

However, while the intent of the amendments may be good, some concerns remain. In tightening regulations, the government must tread carefully to avoid stifling freedom of speech.

Terms such as “indecent,” “offensive,” or even “grossly offensive” are subjective. Without clear definitions, they could be interpreted inconsistently, potentially silencing legitimate criticism, creative expression, or even harmless banter.

For example, could a strongly worded critique of public policy be deemed “grossly offensive”? The risk of overreach is real if these terms remain undefined.

Moreover, the penalties seem harsh. Fines of up to RM500,000 and imprisonment of up to five years risk being disproportionate, especially when applied to minor infractions.

Such severity could deter individuals and organisations from speaking up, fearing punitive action for merely crossing an unclear line.

Similarly, the push to regulate digital media under the Printing Presses and Publications Act raises alarms.

Applying licensing requirements and harsher penalties to online platforms could discourage independent journalism and restrict the free flow of information. The media serves as a vital check and balance in any democracy, its independence must not be undermined.

These proposed amendments take on even greater significance when viewed alongside the government’s decision to start licensing social media platforms from next year, raising questions about the cumulative impact on digital freedoms.

Such a move risks overregulation and could stifle the vibrant online discourse Malaysians have come to value. Licensing requirements might place undue pressure on platforms to over-censor content, creating a chilling effect on public expression.

While it is important to tackle online harms, overregulation risks suffocating open discourse. The government has an opportunity here to create laws that are not only robust but also fair and transparent. Striking the right balance is crucial.

We must protect the vulnerable while preserving our fundamental freedoms. As we tackle online harms, let us not lose sight of the democratic principles that allow for open and constructive discourse.

By ensuring clear guidelines, proportionate penalties, and safeguards against misuse, the government can build trust while achieving its goals without unintended consequences. 

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.